BRUSSELS — Israel’s actions in Gaza may have violated theterms of the country’s agreement with the EU, the bloc’s diplomatic corpsfound.
“On the basis of the assessments made by the independentinternational institutions … there are indications that Israel would be inbreach of its human rights obligations under Article 2 of the EU-IsraelAssociation Agreement,” the European External Action Service (EEAS) concluded,according to a leaked document seen by POLITICO.
The EU’s top diplomat, Kaja Kallas, was asked to lead areview after more than a dozen countries requested the European Commission lookinto the potential political and legal ramifications of the conflict.
The EU-Israel Association Agreement establishes closerelations between the bloc and the Middle Eastern nation, governing cooperationin key industries and bilateral trade. While tearing up the pact entirely wouldrequire unanimous support from all 27 EU member countries, four officialsconfirmed to POLITICO that interim measures, such as paring back trade ties,are being considered and could be passed by a qualified majority of countries.
“In response to the terrorist attacks of 7 October 2023,Israel launched an intense military campaign, involving the use of weapons withwide are effects in densely-populated areas, and severe restrictions on theentry and distribution of essential goods and services into Gaza,” theeight-page document reads.
“In the context of Israel and the [Occupied PalestinianTerritory], observers have deplored a persistent lack of accountability on allsides,” the document says. “This ongoing lack of accountability measures forserious allegations of international law violations has raised serious doubtsabout Israeli authorities’ willingness and ability to conduct genuineinvestigations, as required by international law.”
The EEAS’ assessment of the humanitarian situation alsocriticizes mass casualty events in Gaza, citing an “unprecedented level ofkilling and injury of civilians,” as well as attacks on hospitals and thedisplacement of an estimated 90 percent of the population of the territory.
Kallas told lawmakers in the European Parliament onWednesday that “Israel has the right to self-defense, but what we see inpractice from Israel goes beyond self-defense,” adding that Israel is“undermining decades of humanitarian principles” by blocking food and medicinefor Palestinians in Gaza, along with sidestepping U.N. aid.
Speaking earlier this month ahead of the publication,European Council President António Costa suggested he expected the EEAS reviewwould find Israel to be violating its commitments.
“Watching your televisions and reading your newspapers, Ithink it’s not difficult to anticipate what is the conclusion that theyobtain,” he said.
While it has condemned the widespread death and destructionin Gaza, the EU has not taken concrete action against Israel. Implementation ofbroader sanctions would require unanimity from all 27 EU members. However,European countries that are more sympathetic to Israel — including Germany andAustria — are unlikely to sign onto anything they’d perceive could limitIsrael’s right to self-defense.
“We would hope that at the next Foreign Affairs Council inJuly, based on this report, [Kallas] would come with a proposal to dosomething,” said one EU diplomat, granted anonymity to speak frankly about theprocess. “The question is how many member states will be willing to keep on notdoing anything and keep business as usual — but those member states will haveto justify their inaction.”
Negotiated settlement
Ambassadors will discuss the EEAS assessment at a meetingSunday afternoon, before foreign ministers from countries across the bloc flyinto Brussels for a high-level meeting on Monday. A leaders’ summit next weekis also expected to address the issue, with questions looming over whether theEU will take any action on the basis of its assessment.
In addition to the EEAS assessment, a groundswell of EUnations has been pushing for action on trade against Israel — although thiswould have a narrower focus on Israeli settler communities.
Belgian Foreign Minister Maxime Prevot announced thatBelgium, along with eight other EU countries, submitted a request to theCommission on Thursday to examine how trade from illegal settlements “can bebrought in line with international law.”
Finland, Ireland, Luxembourg, Poland, Portugal, Slovenia,Spain and Sweden also backed the call.
The Commission’s response to the Belgian-led request couldcast further doubt on the legal and political basis of the AssociationAgreement.
Prevot wrote on X that the move follows theInternational Court of Justice (ICJ) ruling in 2024, which warns againstany economic activity “that helps sustain an illegal situation in the OccupiedPalestinian Territory.”
The request, seen by POLITICO, asked the Commission toconduct an in-depth analysis of the implications for third states andinternational organizations based on the ICJ ruling.
Together with the EEAS review, the diplomatic push comesamid pressure on the EU to reassess the bloc’s trade relationship with Israeland take a stronger stance on Israel’s actions.
