Ireland Joins Eight Other EU Nations in Push for Discussions on Ceasing Trade with Israeli Settlements

Ireland has joined forces with eight other EU member states to urge the European Commission to investigate how goods produced in illegal Jewish settlements in the Occupied Territories can be aligned with international law.

This important initiative is co-signed by Belgium, Finland, Luxembourg, Poland, Portugal, Slovenia, Spain, and Sweden. Belgian Foreign Minister Maxime Prevot emphasized this shared commitment on social media, stating, “This follows the Advisory Opinion of the International Court of Justice, which clearly states that third countries must refrain from any trade or investment that helps sustain an illegal situation in the Occupied Palestinian Territory.” He further remarked, “Upholding international law is a shared responsibility. In a rules-based international order, legal clarity must guide political choices.”

This joint action reflects the Irish Government’s belief that the ICJ opinion provides a legal foundation for the Occupied Territories Bill. They believe this opinion takes precedence over the EU’s exclusive jurisdiction on trade with third countries.

While the EU does not explicitly ban goods from Israeli settlements, it mandates that such products be labeled accordingly and does not grant them preferential tariff advantages.

A review of the EU-Israel trade agreement, eagerly anticipated, is expected to reveal that Israel has violated clauses concerning human rights and international law in the context of its military operations in Gaza, according to RTÉ News. This review is set to circulate among member states soon, with foreign ministers discussing it at their monthly meeting in Brussels on Monday.

Kaja Kallas, the EU foreign policy chief who initiated the review at the request of the Dutch government, will provide insights on its findings during the forthcoming summit in Brussels.

Despite these developments, member states are currently unlikely to reach a consensus on implementing immediate sanctions against Israel. Diplomats suggest that the issue may be revisited during the July meeting of foreign ministers. Many national capitals are hesitant to embark on what could be a divisive debate regarding trade sanctions, opting instead to maintain EU unity. There is hope that Israel might significantly enhance humanitarian support for Gaza, thereby staving off potential punitive measures in July.

The EU-Israel Association Agreement is a comprehensive framework that encompasses trade, political ties, cultural exchanges, and research and development collaboration. Article 2 of this agreement binds both parties to respect human rights and international humanitarian law.

Last year, Ireland and Spain spearheaded a joint initiative to review the Agreement, citing Israel’s alleged violations of Article 2. Although former EU foreign policy chief Josep Borrell commissioned an investigation into Israel’s actions in Gaza, broad agreement on the need for action has remained elusive, particularly due to strong opposition from Germany, Hungary, and the Czech Republic.

However, following Israel’s imposition of a humanitarian blockade on Gaza and its military escalation after a ceasefire broke down in March, the Dutch government renewed calls for a review, leading to majority support at the last foreign ministers’ meeting.

Kallas made it clear to the European Parliament, stating, “Israel has a right to self-defence. But what we see in practice from Israel goes beyond self-defence. We have made this very clear in recent weeks.” She added, “Blocking food and medicine for Palestinians trapped in Gaza doesn’t protect Israel. Bypassing UN aid deliveries doesn’t help the people—it undermines decades of humanitarian principles. The humanitarian situation continues to deteriorate.”

Over 100 international human rights and humanitarian organizations and trade unions have also called on the EU to suspend parts of its trade arrangement with Israel. The joint statement, organized by Human Rights Watch (HRW), includes signatories such as ActionAid Ireland, the Irish Council for Civil Liberties, and Oxfam Ireland.

In their statement, the 113 organizations demand a thorough and credible review of Israel’s compliance with Article 2, asserting, “Amid overwhelming evidence of Israel’s atrocity crimes and other egregious human rights abuses against Palestinians throughout the Occupied Palestinian Territory, a credible review can only reach one conclusion: Israel is in severe non-compliance with Article 2.” They urge the European Commission and member states to support concrete measures, including the partial suspension of the EU-Israel Association Agreement.

Expressing their disappointment, the signatories are “appalled” at the time taken by the EU to commence the review, despite an initial request from Spain and Ireland made in February 2024. They point to international court rulings, arrest warrants from the International Criminal Court, and numerous reports highlighting Israel’s violations of human rights and international law, including war crimes.

Notably, South Africa has brought a case before the International Court of Justice, accusing Israel of genocide in its actions during the war in Gaza, a matter still pending resolution.

Despite being presented with similar findings in November 2024, the action taken by EU ministers was minimal, merely convening the EU-Israel Association Council in February. At that meeting, ministers advocated for a ceasefire, ample humanitarian aid, respect for international humanitarian law, and suspension of Israel’s illegal settlement policy. Yet, “Israeli authorities blatantly did the exact opposite, with no consequences for EU-Israel bilateral relations—until now,” the statement recalls.

Moreover, the statement highlights three binding rulings issued by the ICJ, emphasizing Israel’s responsibility to allow unimpeded access for humanitarian aid into Gaza. The joint declaration stated, “As parties to the Genocide Convention, all EU member states have the obligation to ‘employ all means reasonably available to them’ to prevent a genocide.” This obligation arises not from a definitive judicial determination but rather as soon as a state realizes or should realistically know of a significant risk of genocide.

Independent legal experts have determined that a ruling from the International Court of Justice concerning Israel’s occupation of Palestinian territories imposes binding obligations on EU institutions and member states. Issued in July last year, the advisory opinion declared Israel’s occupation unlawful and urged it to cease creating new settlements and to reparate Palestinians who have lost land.

According to this opinion, all states are obliged not to recognize the occupation as legal and to abstain from providing aid that would support Israel’s control over the occupied territories. However, the EU has contested this assertion, while a panel of legal experts argues that the Court’s findings generate obligations that are applicable to both the EU and its member states.

The experts, led by Gleider Hernández from KU Leuven and Ramses A Wessel from the University of Groningen, stated, “The gravity, intensity, and scope of these violations of international law led the [ICJ] to recognize that third parties are under specific legal obligations to cooperate towards bringing Israel’s unlawful presence in the OPT to an end.”

They contend that EU member states must refrain from engaging in treaties with Israel related to the OPT and prevent any economic or trade relations that might entrench Israel’s illegal presence in the territory. This perspective should inform the EU’s ongoing assessment of Israel’s compliance with its human rights obligations under the Association Agreement.

Following the publication of the expert legal opinion, MEP Barry Andrews remarked, “The EU must significantly tighten its rules for ongoing funding of Israeli companies and institutions through the Horizon Europe research cooperation programme and the European Investment Bank, and potentially suspend such payments altogether.” He added, “Arms export licenses must be reassessed in light of the armed violence against Palestinians highlighted by the Court.” Ultimately, Andrews asserted, “The EU-Israel trade agreement is vital to the Israeli economy. Monday is the time for the EU to take definitive action.”

Edited By Ali Musa
Axadle Times international–Monitoring.