The European Union has issued a reminder to its member nations that it is inappropriate to export weaponry and equipment to countries where there’s a distinct risk of them being utilised to commit breaches of human rights and humanitarian law. Olof Skoog, the EU special representative for human rights (EUSR-HR) has hinted at this in a report on the circumstances in Israel, Gaza, and the West Bank, that predates the attacks that took place on October 7th. The unpublished report, backed by assessments from other international organisations such as the International Court of Justice and the UN’s office of the high commissioner for human rights (OHCHR), is awaiting the green light from EU high representative for foreign affairs and security Josep Borrell.
The report, spanning 20 pages, cites that a standards of international human rights has been broadly dismissed in the conflict between Israel and Hamas. The report also attributes the repeated violations of international law to an unchecked culture of impunity that prevails among all stakeholders. The report also notes that some of these violations could be classified as international crimes. It highlights that the Palestinian territories which have been under Israeli occupation for the past 56 years host inhabitants that come under the category of ‘protected persons’ as per international humanitarian law and the rules of occupation. Therefore, their dignity, familial rights, religious beliefs, customs and practices should be respected under all circumstances.
The report further emphasises that, as the occupying state, Israel is obligated to uphold core human rights during the planning and execution of military operations, with the aim of protecting civilians – including humanitarian workers – and civilian infrastructure. The report also cites UN data which suggests that the means and methodologies used by Israel for warfare in Gaza since October 7th – including the use of explosive weapons – have failed to effectively differentiate between combatants and civilians, a violation of the principles of international humanitarian law and which could, if performed with intent, be considered as war crimes.
The text underscores that Israel has dismissed its duties to human rights beyond its national boundaries, as highlighted in the report. The ESRU document further emphasises Israel’s persistent military action in Gaza, breaching the International Court of Justice’s stop orders. The report includes a record of the Israel Defense Forces’ attacks on Gaza until mid-June, referring to the OHCHR’s conclusion of a lack of change in Israel’s warfare strategies leading to numerous civilian casualties.
Moreover, the text mentions conditions in the West Bank as per UN statistics, where 495 Palestinians, including minimum 120 children, have been killed by Israeli forces since 7th October, largely by live ammunition.
EU regulations established in 2008 compel member nations to refuse export licenses if the commodities being exported could be utilised in the breach of international humanitarian legislation. In February, a Dutch court issued a ruling instructing the Netherlands government to stop the supply of F-35 components used by Israel in Gaza, as reported. In May, the Belgian Wallonia region’s premier issued a ministerial order prohibiting all kinds of armaments being transported to Israel.