According to an EU investigation, there are indications that Israel is violating Article 2 of the association agreement with the EU in Gaza. That article concerns the obligation to respect human rights. It is unclear whether the EU will actually take measures now.
“Based on independent international organizations, there are indications that Israel is not fulfilling its obligations under Article 2 of the EU-Israel Association Agreement,” according to Politico in the confidential report by EU foreign affairs chief Kaja Kallas.
The report is based, among other things, on the United Nations and international aid organizations, which are highly critical of Israel’s actions in Gaza. For example, the UN aid organization OCHA recently described Gaza as the “hungriest place on earth”.
The investigation came after a request from the Dutch Foreign Minister Caspar Veldkamp and support from sixteen of his EU colleagues. Veldkamp stated that Israel may have violated the treaty with the blockade of Gaza, which prevented humanitarian aid from reaching the area. He wrote in his letter to Kallas that a broader reflection on the relationship with Israel is needed.
In turn, Kallas told the European Parliament on Wednesday that “Israel has the right to self-defense, but what we see in practice goes far beyond that.” She added that Israel is “undermining decades of humanitarian principles” by blocking access to food and medicine.
The outcome of the investigation is not unexpected. “For those who watch television and read the newspaper, it is not difficult to estimate what conclusion the researchers will come to,” said the President of the European Council António Costa earlier this month.
Measures possible, but EU is divided
Based on the report, the EU could (partially) sever political and economic ties with Israel, but there is division in the EU. An involved diplomat calls it a “very delicate and extremely complicated process” to de Volkskrant.
It is now up to the responsible ministers and heads of government to attach any consequences to the report. For the complete termination of the agreement, unanimity is required among all 27 EU member states. That is unlikely due to opposition from Germany and Austria, among others.
Insiders tell Politico that interim measures are possible if a majority is in favor. Limiting or suspending the treaty could significantly affect Israel, as the EU is the country’s largest trading partner: 32 percent of Israeli exports went to the EU last year.
War with Iran makes situation (even) more complex
The war between Israel and Iran could further complicate the taking of measures. “Now that Iranian missiles are causing casualties in Israeli cities, it is becoming more difficult to find a majority for punitive measures against Israel,” an EU diplomat told de Volkskrant.
The Ministers of Foreign Affairs will meet in Brussels on Monday. Kallas has asked them to express their opinion on the report, which will be discussed by the heads of government three days later. A decision on sanctions will follow at the earliest in July.