BRUSSELS — Israel’s actions in Gaza may have violated the terms of the country’s agreement with the EU, the bloc’s diplomatic corps found.
“On the basis of the assessments made by the independent international institutions … there are indications that Israel would be in breach of its human rights obligations under Article 2 of the EU-Israel Association 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 a review after more than a dozen countries requested the European Commission look into the potential political and legal ramifications of the conflict.
The EU-Israel Association Agreement establishes close relations between the bloc and the Middle Eastern nation, governing cooperation in key industries and bilateral trade. While tearing up the pact entirely would require unanimous support from all 27 EU member countries, four officials confirmed 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 with wide are effects in densely-populated areas, and severe restrictions on the entry and distribution of essential goods and services into Gaza,” the eight-page document reads.
“In the context of Israel and the [Occupied Palestinian Territory], observers have deployed a persistent lack of accountability on all sides,” the document says. “This ongoing lack of accountability measures for serious allegations of international law violations has raised serious doubts about Israeli authorities’ willingness and ability to conduct genuine investigations, as required by international law.”
The EEAS’ assessment of the humanitarian situation also criticizes mass casualty events in Gaza, citing an “unprecedented level of killing and injury of civilians,” as well as attacks on hospitals and the displacement of an estimated 90 percent of the population of the territory.
Kallas told lawmakers in the European Parliament on Wednesday that “Israel has the right to self-defense, but what we see in practice from Israel goes beyond self-defense,” adding that Israel is “undermining decades of humanitarian principles” by blocking food and medicine for 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 review would find Israel to be violating its commitments.
“Watching your televisions and reading your newspapers, I think it’s not difficult to anticipate what is the conclusion that they obtain,” he said.
While it has condemned the widespread death and destruction in Gaza, the EU has not taken concrete action against Israel. Implementation of broader sanctions would require unanimity from all 27 EU members. However, European countries that are more sympathetic to Israel — including Germany and Austria — are unlikely to sign onto anything they’d perceive could limit Israel’s right to self-defense.
“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,” said one EU diplomat, granted anonymity to speak frankly about the process. “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.”
Negotiated settlement
Ambassadors will discuss the EEAS assessment at a meeting Sunday afternoon, before foreign ministers from countries across the bloc fly into Brussels for a high-level meeting on Monday. A leaders’ summit next week is also expected to address the issue, with questions looming over whether the EU will take any action on the basis of its assessment.
In addition to the EEAS assessment, a groundswell of EU nations has been pushing for action on trade against Israel — although this would have a narrower focus on Israeli settler communities.
Belgian Foreign Minister Maxime Prevot announced that Belgium, along with eight other EU countries, submitted a request to the Commission on Thursday to examine how trade from illegal settlements “can be brought 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 could cast further doubt on the legal and political basis of the Association Agreement.
Prevot wrote on X that the move follows the International Court of Justice (ICJ) ruling in 2024, which warns against any economic activity “that helps sustain an illegal situation in the Occupied Palestinian Territory.”
The request, seen by POLITICO, asked the Commission to conduct an in-depth analysis of the implications for third states and international organizations based on the ICJ ruling.
Together with the EEAS review, the diplomatic push comes amid pressure on the EU to reassess the bloc’s trade relationship with Israel and take a stronger stance on Israel’s actions.
This story has been updated.
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