BRUSSELS — Recent findings from the European Union’s diplomatic corps indicate that Israel’s activities in Gaza could potentially contravene its agreement with the EU. The European External Action Service (EEAS) has suggested that, according to assessments by independent international institutions, there are implications that Israel may be violating its human rights commitments as outlined in Article 2 of the EU-Israel Association Agreement.
The EU’s chief diplomat, Kaja Kallas, has been tasked with leading a review following requests from over a dozen member states. These nations urged the European Commission to explore the political and legal consequences stemming from the ongoing conflict.
EU-Israel Association Agreement and Potential Trade Changes
The EU-Israel Association Agreement fosters close ties between the EU and Israel, regulating cooperation across various sectors, including trade. While terminating the agreement would necessitate unanimous approval from all 27 EU member nations, four officials have confirmed that interim actions, such as reducing trade relations, are under consideration and could be enacted by a qualified majority of countries.
The leaked eight-page document reveals Israel’s military response to the terrorist attacks of October 7, 2023, which has involved extensive military operations in densely populated areas, leading to severe restrictions on the flow of essential supplies into Gaza. The analysis points to an alarming “unprecedented level of killing and injury of civilians,” highlighting the impact on hospitals and the displacement of around 90 percent of Gaza’s population.
“In the context of Israel and the [Occupied Palestinian Territory], observers have deplored a persistent lack of accountability on all sides,” the document states, emphasizing the need for genuine investigations into serious allegations of international law violations.
In a recent session at the European Parliament, Kallas asserted that while Israel possesses the right to self-defense, its actions appear to exceed this mandate. She criticized the country for undermining longstanding humanitarian principles by obstructing the delivery of food and medical supplies to Palestinians in Gaza, as well as disregarding U.N. aid efforts.
Pressure for Trade Action and Upcoming EU Meetings
European Council President António Costa previously indicated an expectation that the EEAS review would reveal violations by Israel, stating, “Watching your televisions and reading your newspapers, I think it’s not difficult to anticipate what is the conclusion that they obtain.” Despite the EU’s condemnation of the extensive destruction in Gaza, specific punitive actions against Israel have yet to materialize. Implementing broader sanctions would require consensus among all 27 member states, and countries like Germany and Austria, which generally support Israel, are expected to oppose measures that could restrict Israel’s self-defense capabilities.
“We would hope that at the next Foreign Affairs Council in July, based on this report, [Kallas] would come with a proposal to do something,” remarked an EU diplomat, who chose to remain anonymous. “The question is how many member states will be willing to keep on not doing anything and keep business as usual — but those member states will have to justify their inaction.”
In light of these findings, ambassadors will convene for discussions about the EEAS assessment on Sunday, ahead of a high-level meeting of foreign ministers on Monday in Brussels. A leaders’ summit scheduled for next week is also anticipated to address the situation, with ongoing uncertainty regarding the EU’s response.
In addition to the EEAS assessment, a growing coalition of EU nations is advocating for trade measures against Israel, particularly focusing on Israeli settlements. Belgian Foreign Minister Maxime Prevot announced that Belgium, alongside eight other EU countries, has formally requested the Commission to investigate how trade from these settlements can align with international law.
Countries including Finland, Ireland, Luxembourg, Poland, Portugal, Slovenia, Spain, and Sweden are supporting this initiative. This request, which references a 2024 ruling by the International Court of Justice (ICJ), urges the Commission to analyze the implications for third states and international organizations concerning economic activities that may sustain illegal situations in the Occupied Palestinian Territory.
Combined with the EEAS review, this diplomatic effort emerges amid increasing calls for the EU to reevaluate its trade relationship with Israel and adopt a firmer stance regarding its current actions.
This story has been updated.