The Netherlands is set to try to rally support from other European Union countries to increase pressure on Israel on Tuesday by calling for a review of relations, as western nations increasingly criticise the expansion of Israeli military operations in Gaza.
The Dutch move has garnered strong support from human rights groups but will be no easy task due to the rejection of a review by Germany and deep divisions within the bloc over the Israel-Palestine conflict.
As EU foreign affairs ministers meet in Brussels on Tuesday, diplomats say that there is a chance that a majority of the bloc's 27 countries will support calls to re-examine Israel's compliance with human rights, which is enshrined in article two of the EU-Israel association agreement.
With its nearly three month-long blockade, Israel has breached its obligations under international humanitarian law, according to The Netherlands. The UN says widespread famine looms in Gaza.
Human Rights Watch associate director in Brussels
A review would be a major policy change by the EU and would be expected to infuriate Israel's leadership. “It is one of the most difficult topics on common foreign and security policy. There are lots of sensitivities involved,” an EU diplomat said.
The Dutch request was first made in a letter sent on May 6 by Foreign Affairs Minister Casper Veldkamp to the EU's foreign affairs chief, Kaja Kallas. A similar request last year lodged by Spain and Ireland failed to gain traction.
But this time, a number of EU countries have publicly rallied behind the Netherlands, including France, Portugal, Finland and Sweden.
On Tuesday, French Foreign Affairs Minister Jean-Noel Barrot said the agreement with Israel may be suspended if the review finds that it has violated article two. “The next step – once it's established that a violation is manifest – is obviously the possibility of eventual suspension,” Mr Barrot told national radio.
Last year, France had a “reserved position” about a review, but images coming from Gaza have forced France to reconsider its position, added Mr Barrot.
Adding to the weight of the Dutch call is its reputation as a strong Israeli ally. It is among the EU countries that have not recognised Palestine.
Ms Kallas has not responded to the letter but is expected to “read the room” at the meeting before deciding how to proceed, a senior EU official said. Diplomats said that the review would be conducted by the EU Commission, but the External Action Service, led by Ms Kallas, is also expected to play a role.
Raising messages
The senior official pointed at the important role played by the EU-Israel association council. “The EU association council is a framework in which we can raise messages, pleasant and less pleasant ones,” they said. Meetings were suspended for a decade in 2012 due to political disagreements.
The view that discussions must continue with Israel is put forward by its closest allies, including Germany. The European Commission's powerful president, German politician Ursula von der Leyen, is a strong supporter of Israel, which she has shied away from criticising. Many believe it unlikely that she would support a review of relations.
“If there is a majority of member states requesting such a review, the commission has to react: either they have to do the review, or they have to explain to the majority why they're not doing it,” the EU diplomat said.
Should the review go forward, its conclusions would be submitted to the EU Council, where the 27 member states are represented. Suspending the entire agreement with Israel would require unanimity. A part suspension, including a free trade agreement, would require a qualified majority – the backing of 14 countries.
The EU is Israel's biggest trading partner and suspending trading facilities would hurt the Israeli economy. But the mere fact that the EU might consider a review also hurts Israel's reputation in the West. “It's clear that the prospect of a review bothers Israel,” the EU diplomat said.
Senior EU officials were made aware months ago of Israeli human rights violations in Gaza, according to a leaked report in December by the EU's special representative for human rights, Olof Skoog. The report said that Israel has breached international human rights by failing to distinguish between civilians and combatants in Gaza. The death toll on Monday reached 53,475 Gazans killed in Israel's retaliatory war since the Hamas-led attacks on October 7, 2023, in which around 1,200 died.
Aid change
The EU's inaction has been heavily criticised by human rights groups. The EU Commission had the authority to decide to launch a review of article two of the EU-Israel association agreement without a request by a state but failed to do so. It also had the authority to directly table a suspension proposal to the EU Council.
Human Rights Watch's associate director in Brussels, Claudio Francavilla, cited Israeli Prime Minister Benjamin Netanyahu's announcement on Monday that humanitarian aid, blocked since March 2, would resume due to diplomatic pressure from allied states.
The statement is “no coincidence”, Mr Francavilla told The National, “coming as the EU has finally formulated a credible threat of repercussions – moving away from repeated, fruitless statements and attempts at dialogue. It proves that only concrete measures – or even just a credible threat – can go a long way”.
“It begs the question on how many deaths and how much suffering could have been avoided had the EU had the moral integrity to act much earlier, amid overwhelming evidence of Israel’s use of starvation as a weapon of war, crimes against humanity, extermination and acts of genocide in Gaza,” Mr Francavilla said. “Von der Leyen has repeatedly bragged about increasing humanitarian aid to Gaza, while not lifting a finger as EU aid was rotting at Gaza’s borders and people were being deliberately starved by Israeli authorities.”
Five lorries entered Gaza on Monday, according to Israeli authorities. The UN called it a “welcome development” but said far more aid is needed to address the vast humanitarian crisis.
In a joint statement, France, the United Kingdom and Canada said they strongly opposed the expansion of Israel's military operations in Gaza. “We condemn the abhorrent language used recently by members of the Israeli Government, threatening that, in their despair at the destruction of Gaza, civilians will start to relocate. Permanent forced displacement is a breach of international humanitarian law,” they said. “If Israel does not cease the renewed military offensive and lift its restrictions on humanitarian aid, we will take further concrete actions in response.”
At an EU humanitarian forum held in Brussels on Monday, more than 20 western countries, as well as Ms Kallas, raised concerns over Israel's blockade of the enclave. They rejected reported US-Israeli plans to sideline the UN and hand over aid distribution to private US contractors protected by the Israeli army. “Humanitarian aid should never be politicised, and Palestinian territory must not be reduced nor subjected to any demographic change,” they said.
