The European Union has reminded member states they are forbidden from exporting equipment and arms to countries where there is a “clear risk” they will be used to commit violations of human rights and humanitarian law.
The warning comes in a report by Olof Skoog, the European Union special representative for human rights (EUSR-HR), on the situation in Israel, Gaza and the West Bank before and since the October 7th attacks.
The report, not yet published by EU high representative for foreign affairs and security Josep Borrell, draws on assessments of other international organisations, including the International Court of Justice and the United Nations office of the high commissioner for human rights (OHCHR).
The 20-page EU report notes that, according to OHCHR monitoring, there has been “extensive disregard” for international human rights “by all parties” in the Israel-Hamas conflict.
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“The prevailing climate of impunity persisted and has contributed to the commission of further violations of international law by all duty bearers, some potentially amounting to international crimes,” the EU report notes. Under international humanitarian law and the rules of occupation, it adds, those living in the Palestinian territories occupied by Israel for 56 years “are to be considered as ‘protected persons’ and as such, are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their customs”.
As the occupying power, the report reminds Israel how it is obliged under human rights and humanitarian law “to respect core human rights in the planning and conduct of its military operations, in order to spare civilians, including humanitarian personnel, and protect civilian objects” – including in Gaza.
It cites UN statistics that suggest “Israel’s choices of means and methods of warfare in Gaza since October 7th, including its use of explosive weapons, have failed to ensure that they effectively distinguish between civilians and combatants.”
“When committed intentionally ... such violations of international humanitarian law principles may amount to war crimes,” the EU report adds.
The report also notes that Israel “has rejected the applicability of its human rights obligations outside its national territory”.
In addition the EUSR report points out that Israel continues its military offensive in Gaza, defying International Court of Justice orders to cease.
Listing Israel Defense Forces strikes on Gaza up to mid-June, the report cites the OHCHR assessment of “no apparent change in the methods and means of warfare used by Israel that have already led to so many civilian deaths”.
In addition to the situation in Gaza, the report quotes UN data on the West Bank where, since October 7th, Israeli forces have killed 495 Palestinians, including at least 120 children – the vast majority with live ammunition.
EU provisions from 2008 oblige member states to deny export licences if exported goods might be used in violations of international humanitarian law.
In February, the report notes, a court in the Netherlands ordered the Dutch government to halt the delivery of F-35 parts used by Israel in Gaza.
Meanwhile in May, the minister-president of Belgium’s Wallonia region signed a ministerial decree forbidding all forms of arms transit to Israel.
For the report, the EUSR said it consulted with international courts, UN agencies as well as “Israeli freed hostages and civil society in Brussels”. It adds that “requests for the EUSR to visit Israel and the OPT [occupied Palestinian territories] are pending”.
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