Leaked EU legal opinion says bloc can suspend trade deal with Israel

The EU has the legal right to suspend its trade agreement with Israel in response to serious violations of international law, according to a leaked internal document obtained by news website EUobserver.

The "strictly confidential" document, prepared by the European Commission's legal service in 2017, concluded that a "total or partial suspension" of the EU-Israel Association Agreement would be consistent with customary international law.

The disclosure comes as EU member states debate taking a tougher stance toward Israeli Prime Minister Benjamin Netanyahu’s government amid ongoing war crimes and other violations of international law in Gaza, the West Bank, and southern Lebanon.

Spain and Ireland have led calls to suspend the association agreement, which grants Israel preferential trade access to the EU market and is viewed as a potential source of leverage over Israeli policy.

Germany, one of Israel's closest allies in Europe, has so far opposed suspending the agreement. Berlin has questioned the legal basis for such a move and argued that maintaining diplomatic engagement offers a better chance of influencing Israeli policy than punitive measures.

The 2017 legal opinion stated that the EU was entitled to suspend cooperation with Israel over breaches of international law in the West Bank.

It suggested the bloc could exclude Israel from programs such as Horizon Europe research grants and the Erasmus student exchange scheme.

According to the report, the memo also noted that UN Security Council Resolution 2334, adopted in 2016, explicitly called on UN member states to take measures to prevent acts of destruction in the West Bank.

A total or partial suspension of the EU-Israel Association Agreement “would comply with customary international law,” the memo said.