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The EU has said there are "indications" that Israel is violating human rights obligations because of its behavior in Gaza, but has stopped short of calling for immediate sanctions.
“There are indications that Israel would be in breach of its human rights obligations under Article 2 of the EU-Israel association agreement,” said a leaked document from the EU’s foreign policy service, seen by the Guardian.
Drafted in typical Brussels cautious language, the document nevertheless represents a significant moment in Europe's relations with an early ally.
The closely guarded document, which will be presented by EU foreign policy chief Kaja Kallas to European foreign ministers on Monday, cites assessments from the International Court of Justice, the office of the High Commissioner for Human Rights and many other UN bodies, while saying it does not represent "a value judgment" by any EU official.
This outcome has been seen as a foregone conclusion since a review of the EU-Israel agreement was put on the agenda last month by 17 EU member states, led by the Netherlands, a traditional ally of Israel.
EU officials were tasked with reviewing whether Israel's domestic and international relations were based on "respect for human rights and democratic principles" against the backdrop of almost daily fatal killings of Palestinian civilians begging for food.
The review was prompted by Israel's blockade of the Gaza Strip, amid widespread horror at the ongoing bombardment that has devastated the territory and killed more than 55,600 people, mostly civilians, since October 7, 2023, according to the Gaza health ministry.
The discussion in the EU is complicated by Israel's airstrikes on Iran, which could deter some governments from putting pressure on Israel.
Shortly after Israel launched a war against Iran, European Commission President Ursula von der Leyen “reiterated Israel’s right to defend itself.” She has previously faced criticism for not addressing the humanitarian consequences for Palestinians of Israel’s attack.
The EU-Israel Association Agreement, signed in 1995, supports a €68 billion trade relationship between the 27 European countries and the Middle Eastern country. The EU is Israel’s largest market, accounting for around a third of its trade. Israel is also a member of the EU’s Horizon research funding programme and has secured grants worth €831 million since the current programme began in 2021.
The document emerged after more than 100 activist groups asked the commission this week to suspend the association agreement.
“A weak or inconclusive review of Israel’s compliance with Article 2, and/or the failure of the Commission and the Council to suspend at least part of the association agreement, would ultimately destroy what remains of the EU’s credibility [and] further encourage the Israeli authorities to continue their atrocious crimes,” said the statement, signed by 113 civil society groups, including Amnesty International and Human Rights Watch.
Eve Geddie, head of Amnesty International's EU office, said the decision to launch a review had come "tragically and devastatingly late" and that, while important, over time Israeli forces had "become increasingly stronger".
Separately, eight EU member states have written to Kallas asking her to consider cutting off trade in goods and services from the occupied Palestinian territories.
The letter, organized by Belgium, says the EU is obliged to respond to an opinion from the International Court of Justice last July, which ordered Israel to end its occupation of Palestinian territories as soon as possible. In a landmark - though non-binding - ruling, the court said other states were obliged not to recognize the occupation as legal.
"We have not seen a proposal on how to effectively cut off trade in goods and services with illegal settlements," the letter said, calling on the EU to set a deadline for achieving "full compliance" with the advisory opinion around its first anniversary.
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