Destroyed Gaza Seaport: Why Doesn’t Dutch Government Demand Compensation from Israel?

Israel's military attack on the Gaza Strip-bound Freedom Flotilla, which resulted in the deaths of nine international activists, the injuring of dozens and deportation of hundreds, launched the Gaza Strip to the top of international news worldwide. This reminds us of the Gaza Sea Port, which was never finished.

After all, the blockade on Gaza, which prompted the Free Gaza Movement, prevents Palestinians from importing or exporting freely. An important part of the blockade is Israel’s policies which prevent the construction of a seaport in the Gaza Strip.

The Oslo Accords mentioned the Gaza Seaport as early as 1993. In the 1990s the Dutch government was approached concerning funding and construction of the seaport. The Dutch government was selected because it was assumed its good relations with Israel would increase the probability that Israel would allow the project to be completed. The Dutch government was willing to spend 40 million Dutch guilders (about 18 million euros) on the project, which eventually increased to about 22 million euros. Later the French government and the European Investment Bank also contributed. A Dutch engineer, Arie Mol, was approached to design the port. A Dutch and a French company, Ballast Nedam and Spie Batignolles, were hired to construct the port. In 1994, when the contract between the construction companies and the Palestinian Authority was signed, the total costs were estimated at 100 million guilders (about 45 million euros).[1]

The first years after the construction contract was signed, no construction took place. The Palestinian Authority negotiated with Israel about the start of construction, but without any results. The Dutch government even hired security experts from the port of Rotterdam in the Netherlands to offer advice. Nothing satisfied Israel. Israel continued to use “security” as a reason to delay the start of construction.[2] Construction of the seaport was made almost impossible because of Israeli policy. Israel prevented construction materials from reaching the construction site.[3] Raw materials were kept months before they were cleared through customs. During these months they were stored in Israeli warehouses for which storage fees had to be paid. It then took a while to get these materials to get through the checkpoints between Israel and Gaza. Finally, when the raw materials reached the construction place, workers were held endlessly at checkpoints while they were paid to sit in their cars. In the summer of 2000 construction of the seaport finally commenced.

In September 2001, during the Second Intifada, Israel bombed the Gaza Sea Port. At this stage the seaport was basically a sandbox with a fenceand some barracks, with Dutch and French flags proudly flying. The seaport was completely destroyed.

Israel justified this bombing by claiming that mortars were fired from the construction side towards the nearby Israeli settlement of Netzarim. Western diplomats deny this possibility: the construction site was highly secure and was upward sloping from the coast, such that there was accordingly no line of fire.[4] The then Prime Minister of the Netherlands, Wim Kok, said that what is given by one hand is destroyed with another and that it is difficult to understand.[5] The Dutch Minister of Development Cooperation, Eveline Herfkens, was outraged about the attack.[6] However, this was the extent of the response by the Dutch government.

Bert Koenders, at that time a member of parliament, acted to hold Israel accountable for its destruction, but Kok did not want that to happen. As Koenders was only a member of parliament and not a government minister, he did not possess the power necessary to hold Israel accountable. So, what Koenders did was raise the issue during meetings, attempting to convince the government to take responsibility by requesting repayments from Israel. The Netherlands and Israel have secretly discussed compensation payments for the destruction by Israel, but finally the Dutch government did not file any claims.[7] Israel did not pay back anything to the European donors for its destruction of the nascent Gaza Seaport. More than 4.5 million euros were spent on studies, schooling and small-scale construction activities for the seaport. The damage caused by the Israeli military bombing was calculated at more than 300,000 euros.[8] After the destruction, donor funds were withdrawn and no rehabilitation/construction has since taken place.

Presenting the bill to Israel makes sense and is legally possible. The problem is that there are several European countries, including the Dutch government that are preventing this from happening.[9] So, when Israel destroys a building or infrastructure that was built with Dutch or European Union money, Israel will not be held accountable, while the international community pays for rehabilitation of these buildings and infrastructure. If the international community continues to work like this, there is no (economic) incentive for Israel to refrain from bombing any Palestinian building and infrastructure (built with international aid money). It is therefore very likely that Israel will continue its policy of destruction as long as the international community does not put political and/or economic pressure on Israel. The international community then continues to rehabilitate what Israel destroys. This will not empower the Palestinians living under occupation, but will rather continue to contribute to the de-development of the Occupied Palestinian Territory.[10]