The Mv Rachel Corrie en route to Gaza. First test of the solidarity clause?

(BRUSSELS2, analysis) A "muscular" interception of the MV Rachel Corrie, this Irish ship heading for the Palestinian and Israeli coasts to break the blockade that surrounds the Gaza Strip (with on board a Nobel Peace Prize, Maired Corrigan -Maguire), could lead, in my view, to the implementation of the solidarity clause of the Treaty of Lisbon. " In the event of armed aggression on its territory, the other Member States owe it aid and assistance by all means in their power., specifies article 42.

A test of the solidarity clause based on a request from Ireland

This clause is aimed above all at non-NATO member states... such as Ireland. If the threat concerns the Member States of NATO and the EU, it is, in fact, the Treaty of the Atlantic Alliance and its article 5 which applies in priority, the Treaty has taken great care to remind, repeatedly. What makes all the interest, in my opinion, of the current affair which is unfolding off the coast of Gaza and deserves sustained attention, in terms of political and legal precedents. The European Union is thus in the front line.

Admittedly, all the elements are not in place for its application, starting with a request from the Irish government and we can also discuss the notion of "territory" for a ship (1). " No such request has been made to the Member States I was told by Catherine Ashton's office...

The Irish government remains, in fact, quite cautious, demanding the passage of humanitarian aid to Gaza and the safety of its fellow citizens, and refusing to negotiate on behalf of the NGO: "The persons on the Rachel Corrie represents independent NGOs. The department respects this and it is not our role to negotiate on their behalf" explains the latest statement from the Ministry of Foreign Affairs, published in the Irish press this morning. "The Government continues to call for safe passage for the  Rachel Corrie to Gaza. The Government's top priority is the safety and welfare of the Irish citizens concerned and all those aboard the vessel; to avoid any further bloodshed or violence; and to see the safe delivery of humanitarian aid to the people of Gaza."

What paradoxes of history...

When the 27 drafted this clause (first in the Constitutional Treaty and then in the Lisbon Treaty), they probably did not have in mind that it could be implemented very quickly and that the threat could come from a "friendly" country, like Israel!

And when Ireland, under referendum pressure from its citizens (rejection of the Lisbon Treaty during the first passage) wary of the "militarization" of Europe, had insisted, in 2009, on firmly framing this clause in an additional protocol to the Treaty (2), it did not think it could be one of the first beneficiaries of this clause. This protocol also removes any automatic nature of the application of the clause by specifying that: "It will be for Member States to determine the nature of the aid or assistance to be provided to a Member State which is the object of a terrorist attack or is the object of armed aggression on its territory."

But we can only note that, barely six months after the entry into force of the Treaty of Lisbon, this seemingly innocuous solidarity clause could come into force, at least as a deterrent. But the member states of the EU still have to have the will...

(Nicolas Gros-Verheyde)

(1) Assuming that a ship flying its flag is considered to constitute an element of its territory capable of justifying international intervention. Which, in my opinion, can be justified. Because the law of the sea provides for the application of the law of the flag State on the high seas. But I leave it to others more competent than me to discuss that.

(2) Read: The "Irish" protocol on Defense: a simple cut and paste... Really?

(photo credit: Free Gaza)