Brussels: The European Union (EU) must immediately suspend the EU-Israel Association Agreement, which has granted Israel preferential access to the European market since 2000, despite well-documented human rights violations that have escalated into atrocity crimes, including genocide, UN experts said on Monday.
According to Palestine News and Information Agency - WAFA, the experts emphasized that Europe faces a significant moral test as its Foreign Ministers prepare to meet in Luxembourg to consider the suspension, either in full or in part, of this Agreement. The meeting comes amid increasing public demand within Europe for accountability, reflected by the European Citizens' Initiative, which has gathered over one million signatures calling for the agreement's full suspension due to Israel's human rights violations.
The experts argue that the EU cannot credibly claim to uphold human rights while maintaining preferential trade with a state whose conduct has been found by multiple international bodies to amount to genocide, crimes against humanity, and war crimes. The EU is Israel's largest trading partner and currently provides Israeli goods preferential access to European markets, including tariff-free entry for key agricultural products.
They highlighted that under Article 2 of the Agreement, respect for human rights and democratic principles are deemed an 'essential element.' Serious and persistent breaches of international human rights law and international humanitarian law by Israel should have long ago triggered the legal grounds for suspension of the Agreement.
Recalling provisional measures rulings by the International Court of Justice, the experts noted that there is a plausible risk of genocide in Gaza, with binding orders issued requiring Israel to ensure the provision of humanitarian aid and to prevent irreparable harm to Palestinians. These orders, however, have been repeatedly disregarded.
The Court's July 2024 advisory opinion was also referenced, which found that Israel's occupation of Palestinian territory was unlawful and violates fundamental rights, highlighting that all States, including EU Member States, have obligations under the Fourth Geneva Convention to refrain from trade or economic relations that maintain the illegal situation.
Arrest warrants issued by the International Criminal Court against Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for war crimes and crimes against humanity were pointed out, emphasizing that Israeli violations of international law have been identified by various UN bodies, including the Human Rights Council and civil society.
The experts criticized the EU for observing escalating atrocities against Palestinians for two and a half years without taking effective measures to uphold international law. They documented various human rights violations, including genocide, widespread torture, sexual violence, arbitrary detention, and forced displacement, among others, which they argue reflect systematic violations of human rights as a structural feature of Israel's regime.
The experts also condemned Israel's recent death penalty law, which they say establishes a discriminatory regime of capital punishment that violates international law and exacerbates the oppression of Palestinians. They stressed that continuing trade relations contributing to an unlawful situation is incompatible with the obligations of EU Member States under the Genocide Convention and the Geneva Conventions.
In conclusion, the experts assert that given the gravity and scale of the documented human rights violations, the full suspension of the Agreement is not a matter of political discretion but a legal imperative required to align the EU's actions with its obligations under international law.