Next Monday, EU Foreign Ministers will have on the table an evaluation of the violation of human rights by Israel in the Gaza Strip in the framework of the review of the Association Agreement. It is elaborating the external action service directed by Estonia Kaja Kallas, but the fear of countries such as Spain, Belgium or Ireland, which are the ones that have had a tougher position against the demames of Benjamin Netanyahu, is that there is no proposal of measures and that is left in the mere exposition of the situation. A report commissioned by five Eurodiputs to two jurists points to some of the initiatives that the EU could carry out before “the serious violations of imperative norms of international law by Israel”, which are taken for granted given the opinion of the Court of International Justice, which has undepeled Netanyahu without success to cease violence and avoid genocide.
Under the title 'Implications for the European Union of the Consultative Opinion of July 2024 of the International Court of Justice on Israel's policies and practices in the occupied Palestinian territory', professors Gleider Hernández (University of Leuven) and Ramses A. Wessel (University of Groningen) invite the EU to the “total or partial suspension” of the commercial agreement with Israel. The first option has already been ruled out in Brussels, since unanimity is required and does not exist. But neither does the Chief of Diplomacy see it useful, despite what is established in article two of that agreement, which is the fulfillment of the human rights that Israel is clearly violating. “Suspending the commercial agreement with Israel will not stop the Matanza in Gaza,” he said in a debate in the European Parliament on Tuesday. It is about to see what measures the high representative ends up and if they have sufficient support (qualified majority), which is very complicated by the equidistance of large countries, such as Germany, with Tel Aviv.
As intermediate measures, experts propose to prohibit or restrict trade with Irael's ilegae settlements in Palestinian territory. “In the field of commerce, the current position of the EU stipulates that the goods and services originating in the Israeli settlements in the occupied territories cannot opt for a preferential tariff treatment by virtue of the EU-Israel Association Agreement. In addition, all these products must be clearly tagged to indicate its origin. However, the current political measures of the EU (Technical Agreement of 2005 and interpretive communication on the label of 2015 They allow the full and effective application of these obligations, ”says the text. “The existing measures of the EU were not designed to demand that the EU abstained economic trade transactions or with Israeli settlements and/or other forms of trade with Israel that would strengthen their illegal presence in the occupied territories.”
Regarding access to financing, they propose to exclude projects from the territories occupied by Israel in the cases of the European Horizon Research Program or the European Investment Bank presided by Nadia Calviño. “They must be revaluated to address the activities of contractors and subcontractors selected by the beneficiaries of the subsidies, the exception that allows the financing of Israeli public authorities that operate in the occupied territories, and the possibility of financing entities and projects within Israel that, however, support the illegal presence of Israel in the territories, including the” double use “projects with a possible military application,” document. “The EU must also consider the possibility of inadvertent or” indirect “financing of projects that contribute to the maintenance of the illegal occupation. As a possible precautionary measure, the EU could have to suspend the current disbursements awaiting this review,” he adds.
Experts also suggest that EU countries act “cautiously” and “re-evaluate” weapons export licenses to Israel “due to the risk of these weapons being used in the commission of serious violations of international law.” The embargo has been proposed by countries such as France and Spain, although in the Spanish case, some shipments have been allowed to allow, as maintained by Eldiario.es.
“In the field of visas and travel, the EU and its member states can eliminate the exemption of visa for the trips of the Israeli nationals that reside in the occupied territories,” propose jurists, who consider that this would be the practical formula of recognizing the borders before 1967.
And, given the breach of international obligations by Israel, they propose in the field of diplomatic relations, that the EU and its member states refrain from “any diplomatic act, such as the transfer of diplomatic venues or the functioning of diplomatic or consular services, which could be considered as recognition of the effects of Israel's illegal presence in the occupied territories”. “Consequently, the EU and its member states should maintain current policies with respect to the relocation of diplomatic missions in the occupied territories or Jerusalem, since this would constitute an illegal recognition of Israel's illegal presence in the occupied territory and/or a possible lack of cooperation with the United Nations organs that have already adopted a position on the matter,” the document point out.
“The European Union is legally obliged to review its relationship with Israel in accordance with the opinion of the International Court of Justice. If the EU aspires to be a coherent global actor, he must address international law and international humanitarian law,” says the Eurodiputadada of the PSOE Hana Jalloul, which is one of those who has commissioned the report, along with Barry Andrews (Liberal de Ireland) (Socialist of Slovenia), Tineke Strik (Greens/Ale from the Netherlands) and Villy Sovndal (Greens/Ale de Denmark). The report, however, is outside the European Parliament and will not even vote.
