Spain and Ireland ask Brussels to evaluate whether Israel is complying with the obligations of the Association Agreement with the EU

Pablo R. SuanzesBrussels Correspondent

Brussels Correspondent

Updated Wednesday, February 14, 2024-12:34

The President of the Spanish Government, Pedro Sánchez, and his Irish counterpart, Leo Varadkar, sent a letter this Wednesday to the President of the European Commission, Ursula von der Leyen, in which they ask that "in the context of the risk of a catastrophe humanitarian law", and taking into account what has occurred and continues to occur in Gaza since October 2023, including widespread concern about possible violations of International Humanitarian Law and international human rights law by Israel", the Commission "undertake an urgent assessment of whether Israel is fulfilling its obligations, including those arising from the EU/Israel Association Agreement, which makes respect for human rights and democratic principles an essential element of the relationship." If that review concluded that, indeed, the Government of Benjamin Netanyahu is failing to comply with them, the letter asks the president to "propose appropriate measures to the Council for it to take into consideration."

The letter does not ask for the suspension of the Association Agreement, as some political groups and numerous organizations have done. It does not ask for automatic sanctions. But it is the first time that two Member States have gone so far. It is no surprise that they are Spain and Ireland, but it is perhaps striking that the other three that have been most critical of Tel Aviv, Belgium, Luxembourg and Malta, are not joining in, at least for now. What the two countries are asking is for Von der Leyen to get wet and do what he perhaps should have considered on his own initiative. It has little progress a priori, it will not have much more support and even if the Commission considers that the Israeli military response is not actually fulfilling its obligations, there is no possibility right now that the Council would decide to suspend the agreement.

The move comes as Israel appears poised to deploy an operation in Rafah, southern Gaza Strip, the last refuge for tens of thousands of people who have abandoned their homes and been displaced since October. "We are deeply concerned by the deteriorating situation in Israel and Gaza, especially by the consequences that the current conflict is having on innocent Palestinians, especially children and women. The expansion of the Israeli military operation in the Rafah area represents a serious and imminent threat that the international community must urgently address. Nearly 28,000 Palestinians have been killed and more than 67,000 injured, and we have witnessed the displacement of 1.9 million people (85% of the population) within Gaza , the massive destruction of homes, and extensive damage to vital civil infrastructure, including hospitals," the document begins.

All the writing is very careful. His message is clear, but maintains the usual language of the world of diplomacy and institutional relations. It exposes the situation, there are considering and references to the positions of the United Nations or the conclusions of the European councils themselves. And it includes once again a condemnation of the October 7 attacks, a call for the immediate release of the hostages and the reiteration of Israel's right to defend itself, but "respecting international law, including International Humanitarian Law (IHL) and international human rights law. The response must conform to the principles of distinction, proportionality and precaution," the letter says.

The controversy has been constant for months, but Moncloa has not reduced the pressure. Nor does the high representative for Foreign Policy, Josep Borrell, whom Spain and Ireland provide a copy of the letter, as he is the person who is speaking loudest and clearest about the situation, criticizing Israel's methods and successively opening the door to different scenarios, although in a personal capacity, since there is by no means consensus among the 27 to even repudiate some of the most devastating acts of the Israeli army. "We recall that the ICJ has ordered Israel to take immediate and effective measures to ensure that urgently needed basic services and humanitarian assistance are provided in Gaza. These orders are binding," he emphasizes.

That is why the request of both governments does not have many signs of succeeding. "We also note the binding injunctions imposed by the International Court of Justice on January 26 in South Africa's suit against Israel, and its conclusion that at least some of the acts or omissions that South Africa alleges Israel has committed in Gaza may fall within the scope of application of the provisions of the Genocide Convention, and that there was a risk of irreparable harm to the rights at issue in the case," recall the two prime ministers.