Ireland today became the first EU country to draft legislation banning the importing of goods from Israeli businesses operating in the occupied Palestinian territories, in a move that aims to inspire other European countries.
It comes as anger mounts over Europe's response to Israel's breaches of international law in Gaza and the occupied Palestinian territories.
Ireland's Foreign Minister Simon Harris said he wanted to galvanise an EU-wide movement. "What I hope today is when this small country in Europe takes the decision to become one of the very first countries – and probably the first country in the western world to consider legislation in this space – I do hope it inspires other European countries to join us," Mr Harris said.
Israel has become increasingly isolated amid criticism from allies. Germany's Foreign Minister Johann Wadephul on Tuesday said his country was now "at a point where we have to think very carefully about what further steps to take”, and expressed shock at the Israeli campaign in Gaza.
“Our committed fight against anti-Semitism and our full support for the right to exist and the security of the state of Israel must not be instrumentalised for the conflict and the warfare currently being waged in the Gaza Strip,” Mr Wadephul told the WDR broadcaster.
In parallel, the head of the EU Commission, Ursula von der Leyen, described the expansion of Israel's military campaign in the enclave as "abhorrent". Ms von der Leyen, who is German, has avoided directly criticising Israel in the past.
World has 'not done enough'
Ireland's Foreign Affairs and Trade Minister, Simon Harris, is one of the European leaders who has said more must be done to stop the war in Gaza.
“It is clear war crimes are taking place, children are being starved and food is being used as a weapon of war,” Mr Harris told the Financial Times. “The world has not done enough and we need to act.”
Ireland had been calling for a review of relations, alongside Spain, since early 2024. It was also one of a handful of EU countries to recognise Palestinian statehood last year, alongside non-EU Norway.
The review of the EU-Israel association agreement represents the bloc's first concrete response to the war in Gaza as concern mounts over Israel's blockade of humanitarian aid and reports of mass starvation. It was announced last week following mounting pressure from a majority of the EU's 27 states.
It remains unclear how long the review will take. If it finds that Israel has breached its human rights obligations, a proposal to suspend the agreement may follow from the EU Commission, the bloc's executive arm. This would need to be endorsed by the EU council.
Critics say the EU Commission should have tabled a proposal earlier. The review “comes devastatingly late for thousands killed in Gaza”, according to a letter signed by more than 2,000 EU employees, dated May 22. It accuses the bloc's senior officials of responding inadequately to the war.
“The EU institutions have failed to bring the European Union's political, diplomatic and economic influence to bear in order to ameliorate the situation in Gaza,” read the letter.
EU officials have repeatedly responded to criticism by saying that the bloc is the biggest financial donor to the Palestinian Authority. This was among the arguments put forward by Ms von der Leyen on Tuesday during a phone call with Jordan's King Abdullah II, according to a readout issued by her office. "Europe's commitment to a just, comprehensive and lasting peace based on a two-state solution remains unwavering," Ms von der Leyen said.
The EU has also issued sanctions against extremist Israeli settlers in the occupied territories. However, the latest sanctions package has been blocked due to opposition from Hungary, Israel's strongest ally within the EU.
Pressure to enforce international law
Activists argue that the EU should follow Ireland's lead and examine the possibility of banning trade with the occupied territories to enforce an advisory opinion from the International Court of Justice issued in July.
It clarified that states must “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory”.
The Israeli government says it complies with international law in Gaza and that its military offensive is intended to destroy Hamas.
The occupied territories, seized by Israel in 1967, are intended to form part of a future Palestinian state – a pathway supported by the EU but rejected by the Israeli government. Israeli cabinet members refer to the areas as Judea and Samaria and say they belong to Israel.
A draft bill banning goods imports has been stuck for years at cabinet level in Ireland over fears it would breach EU laws. But senior Irish officials have said that the July advisory opinion by the ICJ reopened the legislative process.
The population of Israeli settlers in the occupied West Bank, including East Jerusalem, surged from 520,000 to more than 700,000 between 2012 and 2022, UN figures show.
Israeli media reports allege that cabinet ministers have threatened to annex parts of the West Bank should additional European countries, including France, recognise Palestinian statehood at an international conference next month. French officials argue that statehood would boost Israeli security.
The UK government, meanwhile, has also been urged to act in a letter addressed to Prime Minister Keir Starmer that was signed by more than 800 lawyers, academics and senior judges. The UK last week suspended trade talks with Israel.
“The international community’s failure to uphold international law in relation to the occupied Palestinian territory contributes to a deteriorating international climate of lawlessness and impunity and imperils the international legal system itself. Your government must act now, before it is too late,” read the letter seen by The Guardian.
An EU-wide trade ban remains unlikely at this stage, due to deep internal divisions. A number of countries remain strongly supportive of Israel, including Italy, Hungary and the Czech Republic.
In their letter to EU officials, which include Ms der Leyen, EU staff criticised the bloc's silence about continuing weapons exports despite the risk of a breach of international humanitarian law. This represents “a cause of concern for the EU's reputation as a consistent supporter of international and human rights norms”, the letter read.
When questioned about the letter, the EU Commission said it had not yet received it.
