Ireland, Spain ask EU for ‘urgent review’ of Israel trade over Gaza human rights compliance

Ireland and Spain are seeking an “urgent review” of whether Israel is complying with human rights obligations under its trade agreement with the EU, according to a joint letter seen by Euractiv.

“We are deeply concerned at the deteriorating situation in Israel and in Gaza (…) The expanded Israeli military operation in the Rafah area poses a grave and imminent threat that the international community must urgently confront,” the two countries said in a joint letter addressed to European Commission President Ursula von der Leyen and the EU’s chief diplomat Josep Borrell.

The EU has struggled for a united stance on the conflict in Gaza as staunch backers of Israel such as Germany have rejected calls for an immediate ceasefire voiced by countries like Spain and Ireland. Hungary and the Czech Republic continue to hold back sanctions on Israeli settlers in the West Bank.

‘Appropriate measures’

The two countries ask the EU’s executive to propose “appropriate measures” that could be taken if Israel is found to be in breach of the obligations in the EU-Israel Association Agreement, according to the document, dated 14 February and signed by Spanish Prime Minister Pedro Sanchez and Irish Taoiseach Leo Varadkar.

“Against the background of the risk of an even greater humanitarian catastrophe (…) we ask that the Commission undertake an urgent review of whether Israel is complying with its obligations, including under the EU/Israel Association Agreement, which makes respect for human rights and democratic principles an essential element of the relationship,” the two leaders wrote.

Israel signed an Association Agreement with the EU in 1995 but cancelled the annual talks under the format in 2013 in protest at an EU decision to differentiate between Israeli settlements on the West Bank and the rest of Israel in all agreements.

For a number of years, individual EU member states also prevented the meetings from taking place, calling for more progress on reaching peace with the Palestinians before moving towards closer EU-Israel ties.

Joint talks under the format between the EU and Israel were to resume for the first time in a decade in 2022, but the initiative fell flat over disagreements.

“We also recall the horror of 7 October, and call for the release of all hostages and an immediate ceasefire that can facilitate access for urgently needed humanitarian supplies,” the letter added.

The two leaders expressed concerns over the allegation that staff of the United Nations Relief and Works Agency (UNRWA) in Palestine may have been involved in the attacks on Israel on 7 October.

“We fully support the decision of UNRWA Commissioner-General [Philippe] Lazzarini to immediately terminate the contracts of those concerned as well as the launching of a comprehensive independent investigation by the UN.”

They added: “At the same time, we have been clear that UNRWA must be allowed to operate to continue its vital work saving lives and addressing the catastrophic humanitarian situation in Gaza and that EU support to UNRWA must be maintained.”

The two leaders also stressed the bloc “must not lose sight of the pressing need for a political perspective to end the conflict”.

“The implementation of the two-state solution is the only way to make sure this cycle of violence does not repeat itself.”

As Euractiv reported in January, the EU’s diplomatic service EEAS had put forward a 10-point plan for a “credible, comprehensive solution” to the Israel-Palestine conflict but the bloc’s peace plan blueprint has not gained much traction with EU member states and regional stakeholders.

Israel’s right-wing Prime Minister Benjamin Netanyahu has so far flatly rejected the idea and vowed to continue the military offensive in Gaza until the destruction of Hamas and the release of all hostages.

Reacting to the joint move, the European Commission has confirmed the letter has been received, but said it will not comment further until it has been studied.

“We do urge all sides [to] respect international law and we note that there must be accountability for violations of international law,” EU foreign affairs spokesperson Nabila Massrali told reporters in Brussels.

“The EU consistently underlines the importance of ensuring the protection of all civilians and at all times in line with international humanitarian law and it deplores all loss of civilian lives,” Massrali said.

“The EU continues to pass this message in all its statements but also as well bilaterally in its contacts with the Israeli authorities,” she added.

Failed Gaza truce talks

The letter comes as Palestinians jammed into their last refuge in Gaza voiced growing fear on Wednesday that Israel will soon launch a planned assault on the southern city of Rafah after truce talks in Cairo ended inconclusively.

The talks in the Egyptian capital, involving the United States, Israel, Egypt, and Qatar, ended without any breakthrough on Tuesday and no date was announced for the next meeting.

Israel said it wants to eradicate Islamist militants from hideouts in Rafah and free hostages being held there after the Hamas rampage in Israel on 7 October but has given no details of a proposed plan to evacuate civilians.

Israel has also said it is taking steps to minimise civilian casualties and accused Hamas fighters of hiding among civilians, including in hospitals and shelters – something Hamas has denied.

Overnight, Israeli planes and tanks pounded several areas of Khan Younis in southern Gaza and there was heavy fighting in some parts of the city, residents said.

The health ministry in the Hamas-governed enclave said Israeli forces were continuing to isolate the two main hospitals in Khan Younis, and that sniper fire at the city’s Nasser Hospital had killed and wounded many people in recent days.

Speaking in New York on Wednesday, UN Secretary-General António Guterres warned that an Israeli ground operation could have devastating consequences.

“My sincere hope is that negotiations for the release of hostages and some form of cessation of hostilities to be successful in avoiding an all-out offensive over Rafah, where the core of the humanitarian system is located and that would have devastating consequences,” he said.

EU chief diplomat Josep Borrell on Monday urged allies of Israel – primarily the United States – to stop sending it weapons as “too many people” are being killed in Gaza.

German Foreign Minister Annalena Baerbock, who was expected to hold talks with Israeli Prime Minister Benjamin Netanyahu on Wednesday, said an Israeli army offensive on Rafah would “completely jeopardise the humanitarian situation.”

[Edited by Zoran Radosavljevic]

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