Today, marks one year since Israel issued an ‘evacuation order’ for 1.1 million civilians to relocate from the north to the south of Gaza. The evacuation order was a blatant violation of international human rights law (IHRL) and international humanitarian law (IHL) ’s provisions on forced displacement and collective punishment, and has abetted to intentionally inflict unbearable living conditions on Palestinians, repeatedly stripping them of safety, dignity, and basic survival. Since the deadly October 7 attacks by Hamas, that killed 1,139 people in clear violation of IHL, the world has watched designated ‘safe areas’ being bombed, schools, hospitals, and refugee camps become objectives in Gaza, the West Bank and now in Lebanon, in a war where humanity has been the main target in a region that will never be the same.
For decades Israel has continued to systematically violate Palestinians’ basic rights and, since 1967, to disregard its duty as an occupying power as established by the 1907 Hague Regulations and the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. Under the rule of Israel, Palestinians are subject to a two-tier system to varying degrees, where Israeli Jewish supremacy determines who has rights, and who doesn’t. The Israeli government controls every aspect of life between the Jordan River and the Mediterranean Sea and resonates beyond Israel/Palestine for its illegal character and the impunity with which it continues operating. Israel has intensified its commission of war crimes and crimes against humanity, among other violations of IHRL and IHL, against Palestinians, and as of late, Lebanese peoples. As stated by the ICJ Advisory Opinion and the UN Special Rapporteur about human rights in the OPT, alongside many human rights organisations, these crimes are proper to an apartheid state.
EuroMed Rights continues to call for holding all perpetrators of international crimes accountable. To date, approximately 101 Israeli hostages remain in captivity by Hamas, and over 41,000 Palestinians have been killed, with scholars suggesting that such figure could be exponentially higher. We are appalled by the disproportionate, indistinct and massive scale of the attacks and destruction unleashed by the Israeli army in Gaza. The humanitarian situation has reached catastrophic levels, with over 90% of Gaza’s 2.1 million residents displaced and denied basic necessities[1].
In the rest of Palestine, The UN Special Rapporteur Francesca Albanese, noted that “There is mounting evidence that no Palestinian is safe under Israel’s unfettered control. While this was also true before Hamas’ attack on 7 October, the risk has since intensified,” Israeli military operations in the West Bank have escalated, with calls to turn the region into a “mini-Gaza,” resulting in heavy casualties and destruction. Critical infrastructure has been destroyed, and new checkpoints have been set up. Since October 7, 652 Palestinians have been killed outside Gaza, and the violence has led to increased displacement, land confiscation, and detentions, despite international rulings deeming the occupation unlawful.
Palestinian citizens of Israel are equally targeted by this control. Indeed. protests offline and online against the Israeli regime and its unlawful actions in Gaza and beyond have been met with police arrests, violence and suppression of any act of dissidence. This adds to the chronic disregard of economic and social rights by Israel of its Palestinian citizens, where children have been found to pay a high price, according to the UN Children’s Rights Committee two weeks ago.
Since October 2023, the escalation between Hezbollah and Israel led to the unlawful killing of around 30 Israeli and 564 Lebanese civilians. In September 2024, two attacks involving explosive devices claimed the lives of at least 37 people including two children. This was followed by Israeli airstrikes against Lebanese regions such as South Lebanon, Beirut, North and the Beqaa Valley. This has resulted in the deaths of over 2119 civilians, including women and children, and in the displacement of over 1.5 million people in clear violation of the Fourth Geneva Convention provision against indiscriminate attacks on civilian. Israel has continued to disregard IHL and IHRL with the beginning of its ground offensive in southern Lebanon, raising the alarming prospect of a broader regional conflict, and further amplifying the humanitarian crisis and deepening instability. On 10 October 2024, Israeli military “repeatedly” fired at UNIFIL headquarters and positions in southern Lebanon, injuring two members of the peacekeeping force.
The European Union (EU) and its Member States cannot remain passive. This situation embodies the gravest crimes of concern to the international community and demands immediate and resolute action, especially in Gaza. Since 26 January 2024, over 9.5 months ago, the International Court of Justice (ICJ) has issued in three occasions orders with provisional measures that point to the likelihood of genocide in Gaza, yet the situation has only deteriorated. The mounting evidence, ignored by Israel in defiance of international law, shows a deliberate intent to destroy a people, making the call for intervention not only necessary but legally compulsory, ethically unavoidable.
Legal Obligations Under International Law
The International Court of Justice (ICJ) has been clear in its order indicating provisional measures of 26 January 2024, where it determined the plausibility that Israel is carrying out genocide against the Palestinian people in Gaza. The Court mandated Israel to take all measures in its power to stop immediately the commission of genocidal acts, ensure aid reaches Palestinians, and submit a report on compliance within one month. Despite these clear legal directives, Israel has not only failed to comply but has intensified its military actions, resulting in the deaths of thousands more Palestinians and exacerbating the humanitarian crisis.
Exactly two months after, on 24th of March 2024, the Special Rapporteur on the situation of human rights in the OPT, Francesca Albanese, concluded in her report “Anatomy of a Genocide” that “The overwhelming nature and scale of Israel’s assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group”.
On 19th July 2024, the ICJ delivered a landmark Advisory Opinion, declaring Israel’s continued presence in the oPt, including East Jerusalem, as unlawful. The Court underscored that this occupation violates the right of the Palestinian people to self-determination and breaches international law, including the prohibition of territorial acquisition by force. Additionally, the ICJ highlighted Israel’s illegal practices of apartheid and racial segregation, emphasising the urgency for international action.
Parallel to the ICJ’s findings, the International Criminal Court (ICC) Prosecutor, Karim Khan, has announced that his office had requested Pre-Trial Chamber I to issue warrants of arrest against leaders in the Israeli government and Hamas, suspected of war crimes and crimes against humanity, specifically against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. The ICC accuses them of war crimes and crimes against humanity, including the starvation of civilians, willful killing, and directing attacks against civilians in Gaza. These charges, based on substantial evidence, underscore the gravity of the ongoing violations and the need for accountability.
On the 18th of September 2024, the UN General Assembly adopted a resolution that builds on the ICJ’s Advisory Opinion regarding Israel’s actions in the occupied Palestinian territory (oPt), including East Jerusalem. The resolution, introduced for the first time by the State of Palestine, calls for an end to Israel’s occupation within one year and emphasises the right of the Palestinian people to self-determination and statehood. A wide majority of 124 countries voted in favor, underscoring the global consensus on the illegality of Israeli settlements and annexation. Among the supporters were 13 EU Member States.
The continued expansion of illegal settlements in the West Bank, the surge in settler violence, and the relentless assault on Gaza all point to a systematic disregard for IHL and IHRL. The EU and its Member States, bound by their international obligations, must enforce the ICJ’s rulings and support the ICC’s investigation, taking decisive steps to halt these ongoing violations and ensure justice for the Palestinian people. EuroMed Rights welcomes the recent proposal by High Representative of the Union for Foreign Affairs and Security Policy Josep Borrell to consider sanctions against certain Israeli ministers for their inflammatory statements, which violate international law and exacerbate tensions. These sanctions are a necessary step to hold accountable those who incite violence and contribute to the ongoing human rights violations against Palestinians.[2]
Ongoing Calls for Urgent EU Action Amid Escalating Humanitarian Crisis
Over the past year, EuroMed Rights has consistently urged the EU to take concrete actions in response to these escalating, intertwined crimes. We have called for an immediate end to the Israeli assault on Rafah, recognizing the urgent need to protect civilian lives. The growing concerns over forced displacement and settler violence in the West Bank have also been highlighted, emphasizing that the gross violations of IHL extends beyond Gaza. In light of the shrinking space for civil society and the restrictive measures implemented by Israel, which seeks to silence dissent, the urgency of safeguarding human rights and free expression cannot be overstated.
Furthermore, the tragic loss of PCHR’s lawyer Nour Abu Nour and her family in Rafah has underscored the human cost of this conflict, a loss that has been mirrored in the [mistreatment] of Palestinian detainees in Israeli prisons. The suspension of funding for essential humanitarian aid through UNRWA and the attacks against medical providers like Medical Aid for Palestinians (MAP) highlight the systematic nature of these violations.
These developments have led to repeated calls for an immediate ceasefire, not only to protect the lives of internally displaced persons but also to prevent the further deterioration of the humanitarian situation. The necessity for a two-way arms embargo on Israel, as outlined by international legal obligations, remains crucial to ending complicity in these crimes. Our stance, supported by genocide scholars and civil society organizations, has been clear: the EU must act decisively to prevent further atrocities.
Recommendations and Actions for the EU and Member States
Given the ICJ provisional measure ruling, the ICJ’s Advisory Opinion, the ICC arrest warrant, and the worsening conditions on the ground, EuroMed Rights calls on the EU and its Member States to take the following actions:
- Condition all cooperation with Israel to the immediate enforcement of a ceasefire in Gaza: The EU must urgently work towards imposing a ceasefire in Gaza to prevent further loss of innocent lives and the potential genocide that the ICJ has highlighted. Unfettered access for humanitarian aid must be ensured, and all parties must be held accountable for violations of IHL.
- Demand Compliance with ICJ Provisional Measures: The EU must call Israel to comply with the three provisional measures orders issued by the ICJ. Any further violations must be met with diplomatic and economic consequences.
- Support Accountability Through International Mechanisms: The EU must urgently implement targeted sanctions against Israeli officials responsible for grave violations of international law, as proposed by HRVP Borrell. Additionally, the EU must support the ICC Prosecutor’s efforts to investigate and prosecute those responsible for international crimes in the region, including to support the proceedings in the open investigation on the situation on Palestine, and providing the necessary resources and support for these investigations as mandated in the EU-ICC Agreement of 2006 and subsequent decisions.
- Impose a Two-Way Arms Embargo on Israel: The EU must immediately enforce a two-way arms embargo to prevent further violations of international law. This step is critical in halting the supply of weapons that contribute to the ongoing violence.
- Ban Trade with Illegal Settlements: The EU must prohibit all trade with illegal settlements in the oPt, ensuring that no economic activity supports or legitimizes the occupation. This includes banning the import of goods produced in settlements and ending financial transactions that benefit the occupation.
- Suspend Trade Agreements Benefiting the Occupation: The EU should suspend any trade agreements that directly or indirectly benefit Israel’s unlawful occupation, including the EU-Israel Association Agreement, until Israel complies with international law. Article 2 of the 2000 Agreement, which ties the agreement to human rights and democratic principles, must be enforced.
The credibility of the EU and its commitment to human rights and international law is at stake. To hesitate now would not only be a stark betrayal of the EU’s core principles, but a dangerous step toward the collapse of the global legal order. The cost of inaction would be nothing short of catastrophic, deepening the abyss of horror reserved for Palestinians and their supporters in the region. This situation requires urgent and concrete measures to uphold international law, protect human rights, and to stop the ongoing genocide in Gaza. EuroMed Rights urges the EU and its Member States to seize this moment to stand firmly on the side of justice and humanity. The time for decisive action is now.
The statement does not necessarily reflect the stance of all the members of EuroMed Rights.
[2] https://www.reuters.com/world/middle-east/borrell-asks-eu-members-about-possible-sanctions-some-israeli-ministers-2024-08-29/