By failing to sanction Israel, EU leaders are complicit in its crimes. They must act now

The Guardian

19 hours ago

If they survive Donald Trump's attacks, the international courts will not deliver their final verdict for several years. But for all those who have ears to hear and eyes to see, there can be little doubt that the Israeli government is committing genocide in Gaza, slaughtering and starving civilians after systematically destroying all the infrastructure in the territory. In the meantime, settlers and the Israeli army are every day guilty of serious, massive and repeated violations of international law and international humanitarian law in the West Bank and East Jerusalem.
Those who do not act to stop this genocide and these violations of international law, even though they have the power to do so, are complicit in them. This is unfortunately the case with the leaders of the European Union and those of its member states, who refuse to sanction Israel even though the EU has a legal obligation to do so.
The EU has many levers it could pull to exert significant influence on the Israeli government. The EU is Israel's biggest trading partner and its main partner in investment and people-to-people exchange. It is also one of its major arms suppliers. The association agreement between the EU and Israel, established in 2000 after the Oslo accords, is the most favourable of all those concluded by the bloc with third countries. In addition to zero customs duties on its exports of goods and services and visa-free travel for its citizens, the agreement gives Israel access to several major European funding and exchange programmes such as Horizon and Erasmus.
However, article 2 of this agreement makes it conditional on Israel's respect for international law and fundamental human rights. Whether or not to suspend it is therefore not a choice that the EU can make at will. Since the EU foreign affairs ministers found that Israel was not respecting these rights, EU leaders now have a legal obligation to suspend the agreement. Failure to do so would also be a serious violation of the association agreement with Israel.
However, despite all my efforts to this end when I was high representative of the EU, and despite the dramatic deterioration of the humanitarian situation in Gaza and the increasing violations of international law in the West Bank in recent months, the EU and most EU governments have so far failed to use any of the levers available to them to exert pressure on the Israeli government.
As a result, faced with the intransigence of Benjamin Netanyahu's government, the EU has for more than a year and a half been unable to assert its commitment to fundamental human rights, its defence of international law and multilateralism, or its longstanding position in favour of the two-state solution. This inaction has already seriously damaged its geopolitical standing, not only in the Muslim world but across the globe. The stark contrast between the firm response of the European authorities to Russia's aggression against Ukraine and their passivity in the face of the war in Gaza has been widely exploited by Vladimir Putin's propaganda against the EU. And with success, as we have seen in particular in the Sahel. This European double standard has also greatly weakened support for Ukraine in many developing countries.
By persisting in not suspending the association agreement despite its clear violation by Israel, in not blocking arms deliveries to that country despite the war crimes and crimes against humanity committed in Gaza, in not banning imports from illegal settlements despite the decisions of the international court of justice to that effect, by not sanctioning Israeli ministers and political leaders who make genocidal statements, by not banning Netanyahu from using European airspace despite the arrest warrant issued by the international criminal court, and by not supporting the judges of the court and UN officials sanctioned by the United States, the EU and its member states are discrediting themselves in the eyes of the world and undermining the international law and multilateral order they are supposed to defend. While under attack from Putin in the east and Trump in the west, the EU is thus deepening its isolation by cutting itself off from the rest of the world.
The leaders of the EU and its member states will probably be called to account in the future for their complicity in the crimes against humanity committed by Netanyahu's government. And, with hindsight, Europeans will undoubtedly judge harshly their blindness to the genocide that is taking place. However, it is urgent to limit the damage now. The EU must finally decide to sanction Israel without further delay. This is the only language that can bring Israeli leaders to stop committing crimes against humanity.
Josep Borrell was the high representative of the EU for foreign affairs and security policy from 2019 to 2024. He is president of the Barcelona Centre for International Affairs, CIDOB