- First-ever appeal to European Court of Justice accuses both institutions of 'passive complicity' in face of risk of genocide
- EU maintains its cooperation with Israel despite its founding principles, says president of lawyers association
BRUSSELS
A group of international lawyers from the Association of Jurists for the Respect of International Law (JURDI) filed legal action against the European Commission and European Council at the Court of Justice of the European Union (CJEU) in Luxembourg for their serious and prolonged inaction in response to violations of international law in the Occupied Palestinian Territory.
On July 17, which coincides with the Day of International Criminal Justice, JURDI lawyers submitted an "action for failure to act" under Article 265 of the Treaty on the Functioning of the European Union (TFEU), a legal provision that allows individuals or groups to challenge EU institutions for not fulfilling their legal obligations.
These obligations include preventing genocide as soon as there is a plausible risk, ending obstacles to the Palestinian people’s right to self-determination, and refraining from recognizing or assisting unlawful situations such as prolonged occupation.
The association also highlighted that continued arms exports to Israel constitute a breach of the Arms Trade Treaty and the EU's own Common Position 2008/944/CFSP, both of which prohibit transfers in the case of clear risk of serious violations, yet several member states have maintained arms deliveries.
This is the first time in EU history that both the Commission and the Council are facing legal proceedings before the CJEU for inaction in the face of alleged international crimes. The move comes two months after a formal letter of notice was sent to both institutions in May, a legal warning that has received no response, according to the group.
"Such a notice in legal terms will invite those receiving the notice to take action or to answer such request, and we've received no such answers, and we've witnessed no such sanctions," said Patrick Zahnd, the president of JURDI.
JURDI is asking the CJEU to formally acknowledge the EU's failure and to compel its institutions to suspend cooperation with Israel, impose targeted sanctions and uphold their duty of prevention.
'Passive complicity'
"The main message is simple: to note the absence or the failure of both European institutions, the European Commission and the Council, to act in obligations in regard to international law," Zahnd said.
He stressed that although all 27 EU member states have ratified the Genocide Convention and other relevant treaties, international jurisprudence recognizes that international organizations such as the EU also bear similar legal obligations.
These include the duty to prevent genocide, to refrain from aiding or assisting in its commission, and to avoid what Zahnd described as "passive complicity," such as continuing cooperation or arms transfers while knowing the risk of serious crimes.
"The risk of genocide was put in the first order of the ICJ on the 26th of January last year, and since then, nothing has been done by the state of Israel to comply with the precautionary measures ordered by the court with a compulsory binding or at least a compulsory nature of such obligation to act... Despite these obligations to international law, nothing has been done in a systematic institutional manner," he said.
'Question of credibility'
Zahnd emphasized that while the European Council generally requires unanimity to adopt restrictive measures, the Commission has its own authority to act.
"The Commission can take stock of Article Two of the agreement and say: 'Well, (there are) violations of human rights, we suspend,'" he said.
Zahnd noted the potential complicity of EU institutions through continued cooperation and financial support that could indirectly contribute to violations in the occupied Palestinian territories, which the ICJ has affirmed are under illegal occupation.
Despite the EU's founding principles, including respect for human dignity, international law and multilateralism, the bloc has continued its scientific, economic and military cooperation with Israel without any assessment or suspension, he argued.
He called on the CJEU to urgently rule and compel the Commission and Council to cut all ties with Israel, acknowledge the risk of genocide in Gaza and impose sanctions, as done in cases like Russia.
According to Zahnd, "it's a question of credibility. It's a question of human dignity. It's a question of integrity, of international law. A world in which the EU does not respect international law makes the world even worse than it is."