Josep Borrell is going to say goodbye to the EU foreign ministers with a last attempt to formally question Benjamin Netanyahu for the massacre of the Palestinian population. “The risk of a worsening of the humanitarian catastrophe in Gaza, particularly in the north, makes it especially urgent for the Union to react,” says the proposal to suspend political dialogue with Israel that the head of European diplomacy will put on the table. ministers next Monday.
The text, to which elDiario.es has had access, makes a compilation of the reactions that the EU has had as Israel has increased the offensive in the Middle East since the Hamas attacks of October 7, 2023. And the The conclusion of the high representative, who has been preparing the ground and raising the tone for some time, is that it has violated international law and the human rights of the Palestinian population. The proposal has no economic or commercial consequences, but it is a “political gesture” and a “way of forcing the member states to discuss the issue” that Spain and Ireland put on the table in February, according to community sources.
For this reason, he proposes breaking the political dialogue within the framework of the Euro-Mediterranean Agreement, a decision that can be evaluated with the Government of that country in the EU-Israel Association Council when Tel Aviv agrees to the invitation made to it in June. when a sufficient majority was reached within the 27 to summon the Foreign Minister in response to the decision to ignore the order of the International Court of Justice to stop the ground operation in Rafah.
“It is advisable to suspend political dialogue with Israel until significant improvements are made in respect for human rights,” defends the proposal that the foreign ministers already have on the table. Borrell’s intention is to force a debate on the formal repercussions that the violation of international law should have for Israel, although the approval of the proposal is complicated due to the deep division within the EU on this matter and the complicities of a good part of the European capitals with that country.
Borrell’s proposal makes a chronological review of the EU’s responses to Israel’s actions that begins with the warning that the “protection of all civilians at all times, in line with international humanitarian law” be guaranteed in the response. to Hamas attacks. “The European Council of 22 March 2024 was deeply concerned about the catastrophic humanitarian situation in Gaza and its disproportionate effect on the civilian population, in particular children, as well as the imminent risk of famine caused by the insufficient entry of help in Gaza. “He considered that full, rapid, safe and unhindered humanitarian access to and throughout the Gaza Strip via all routes was essential to provide civilians with life-saving assistance and basic services at scale,” he notes.
“Disproportionate loss of civilians”
“The European Council of 27 June 2024 once again underlined the importance of respecting and implementing the legally binding orders of the International Court of Justice. At the present meeting he referred to the additional orders issued by the Court on March 28, 2024 and May 24, 2024, in which the Court asked Israel to immediately stop its offensive in Rafah, keep open the border crossing of Rafah and ensure unimpeded access to the Gaza Strip for any commission of inquiry, fact-finding mission or other investigative body designated by the competent United Nations bodies to investigate the allegations of genocide,” the document continues.
Once the facts are detailed, the proposal recalls the EU’s legal commitments to human rights and international legality, included in its own founding treaty. “Article 2 of the Euro-Mediterranean Association Agreement between the European Union and its Member States and Israel establishes that “the relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles.” “, which guides its domestic and international policy and constitutes an essential element of this Agreement,” he says.
Israel boycott of international investigations
“The Israeli armed forces have continued their military attacks in Gaza for more than a year and in Lebanon for two months, leading in many cases to a disproportionate loss of civilian life,” states the legal proposal, recalling that the Council The European Union has repeatedly called on Israel to “distinguish between combatants and civilians and apply the principle of proportionality” in both Gaza and Lebanon. “So far, the Israeli Government has not thoroughly investigated allegations of war crimes and has prevented an independent investigation by international organizations,” he adds.
Another reason given is the violent attacks by settlers against the Palestinian population. “Respect for human rights under Article 2 of the Euro-Mediterranean Association Agreement includes the duty of the Israeli Government to ensure that individuals do not commit violent acts against the Palestinian inhabitants of the occupied territory,” the text recalls before noting: “The The European Council repeatedly condemned extremist settler violence and the Council sanctioned several perpetrators. “The Israeli Government has not put an end to such violence, but has indirectly encouraged the forcible seizure of Palestinian lands through the so-called legalization of illegal settlements, contrary to international law.”
Based on these arguments, Borrell’s proposal following the request from Spain and Ireland to review the trade agreement with Israel due to the massacre in Gaza is to suspend the political dialogue, which does not entail financial consequences, as the document itself recognizes in its third page. If the measure is approved, it will be duties for her successor, the Estonian Kaja Kallas, who will have to continue preparing the meeting of the EU-Israel Association Council: “This decision must be subject to consultations within the Association Council if requested by Israel ”.
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