The European Union (EU) has indicated that Israel may be violating its human rights obligations in Gaza, although it stopped short of advocating immediate sanctions. A leaked document from the EU’s foreign policy service, obtained by the Guardian, states, “There are indications that Israel would be in breach of its human rights obligations under article 2 of the EU-Israel association agreement.”
This document, framed in the cautious language typical of Brussels, represents a notable shift in how Europe views its long-standing ally. The paper, set to be presented by EU foreign policy chief Kaja Kallas to European foreign ministers, references assessments from the International Court of Justice and various UN bodies, clarifying that it does not reflect any official EU value judgments.
The potential findings have been anticipated since 17 EU member states, spearheaded by the Netherlands, put a review of the EU-Israel agreement on the agenda last month. EU officials have been tasked to evaluate whether Israel’s internal and international relations respect “human rights and democratic principles,” especially following reports of near-daily fatal shootings of Palestinian civilians.
The review was prompted by Israel’s blockade of Gaza, which has generated widespread horror over the ongoing military actions that have resulted in over 55,600 casualties—most of whom are civilians—since October 7, 2023, according to the Gaza Health Ministry.
However, Israel’s military activities targeting Iran could complicate EU discussions, limiting some member states’ willingness to exert pressure on Israel. Ursula von der Leyen, the European Commission president, emphasized Israel’s right to self-defense shortly after the military escalation against Iran, facing criticism for insufficient attention to the humanitarian crises affecting Palestinians.
The EU-Israel association agreement, established in 1995, forms the basis of a €68 billion (£58 billion) trade relationship between the EU and Israel, with the EU being Israel’s largest trading partner, overseeing about one-third of its total trade. Israel is also part of the EU’s Horizon research funding program, having received €831 million in grants since 2021.
This recent development follows a collective appeal from over 100 advocacy groups, including Amnesty International and Human Rights Watch, urging the EU to suspend the association agreement. Their letter warns that a weak review or failure to suspend parts of the agreement could harm the EU’s credibility while emboldening Israeli authorities.
Eve Geddie, head of Amnesty International’s EU office, criticized the review’s timing, stating it had come “tragically, devastatingly late,” noting that as time progresses, Israeli forces have become “more and more emboldened.” Meanwhile, eight EU member states have petitioned Kallas to consider ceasing trade in goods and services sourced from occupied Palestinian territories, citing a ruling from the International Court of Justice last July that urged Israel to end its occupation.
The Netherlands has been vocal in advocating for a review of the EU-Israel agreement, catalyzed by extensive protests against foreign policy decisions last month. Dutch Foreign Minister Casper Veldkamp argued that the blockade constitutes a breach of international law, and an unexpected number of countries concurred, although the issue has yet to be formally voted on.
Finding consensus among the 27 EU member states remains a challenge, with divergent views complicating decision-making. While a complete suspension of the agreement would require unanimity, which is unlikely due to expected vetoes from countries like Hungary, the Czech Republic, or Germany, a suspension of trade benefits could potentially occur with a weighted majority.
Critics like Hildegard Bentele, a German MEP, have expressed reservations about questioning the agreement, suggesting it would have little influence on the Israeli government and could diminish the EU’s leverage.
In contrast, Kallas’s predecessor, Josep Borrell, has urged Europe to hold Israel accountable, suggesting the association agreement should be leveraged to ensure adherence to humanitarian law.
Further complicating matters, Hungary has blocked EU sanctions against violent Israeli settlers. Kallas has voiced frustration over accusations of the EU’s inaction, stressing the need for consensus among the member states: “Sanctions need unanimity. And again I’m representing 27 [countries].” Kallas defended a cautious approach, suggesting that proposing sanctions destined to fail wouldn’t convey a unified position.