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The internal EU document exposes how European foreign minister’s maintain “plausible deniability” in Israeli war crimes in Gaza, experts said.
Last month, European Union foreign ministers rejected calls to halt arms sales to Israel, despite mounting evidence of war crimes — and more than enough evidences of genocide .
The previously undisclosed 35-page assessment, authored by Olof Skoog, the EU’s special representative for human rights, was circulated to EU ministers ahead of a council meeting on November 18. It formed part of a proposal to suspend political dialogue with Israel, a recommendation ultimately dismissed by the ministers. The document outlined evidence from United Nations sources implicating Israel, Hamas, and Hezbollah in war crimes since the October 7 Hamas-led attack that killed approximately 1,200 people. Israel’s subsequent assault on Gaza has resulted in an estimated 45,000 deaths, which is considered far below the real numbers since there is not much press on the ground and Israeli regime considers pretty much everyone as combatants.
Although the assessment criticized actions by Hamas and Hezbollah, it reserved its strongest language for the Israel Defense Forces (IDF). It detailed allegations that the IDF failed to distinguish between civilians and combatants and did not take adequate precautions to protect civilian lives and infrastructure, violations of international humanitarian law (IHL). In fact its evident from Israeli political and military leader’s rhetoric that they didn’t just fail to protect civilians, they were very much involved in the systematic and well thought out plan of genocide of palestinians.
The document also highlighted “dehumanizing language” used by Israeli political and military leaders, suggesting it could indicate intent to commit genocide. Statements by Israeli officials, the paper argues, could amount to incitement to genocide under international law.
The findings have significant implications for senior officials in arms-exporting EU countries like Germany, Italy, and France. If the International Criminal Court (ICC) holds Israeli officials accountable for war crimes, the dissemination of Skoog’s report to EU ministers could demonstrate that European leaders were aware of the violations yet failed to act.
Yanis Varoufakis, former Greek finance minister, emphasized this point, stating that the report eliminates any plausible deniability among EU politicians. He warned that history—and possibly the ICC—will judge them harshly for ignoring their obligations under international law.
The report’s origins trace back to a February request from Spain and Ireland to assess whether Israel’s actions in Gaza breached the EU–Israel Association Agreement. Despite evidence indicating potential violations, the European Commission, led by its pro-Israel President Ursula von der Leyen, declined to act. This inaction prompted Skoog’s investigation, culminating in the November update.
The assessment directly challenges claims of self-defense by Israel, noting that as an occupying power, it is legally obligated to ensure the safety and well-being of those under its control. The report also disputes Israel’s defense of targeting hospitals in Gaza, emphasizing that such actions may constitute war crimes regardless of alleged Hamas activity.
Humanitarian experts and legal analysts argue that EU countries continuing arms exports to Israel despite the report’s findings could face accusations of complicity in war crimes. Tayab Ali, a British lawyer, cautioned that economic interests cannot justify complicity, while Diana Buttu, a former legal adviser to the Palestinian Authority, lamented the disconnect between EU legal principles and political decisions.
Though its not as simple as economic interests of selling weapons to israel. if certain county’s goal was to only sell weapons then there are more than enough other countries to buy the same weapons in middle east, at higher price and at larger quantity, not to mention that most of the weapons that goes to Israel from west are not paid for. those weapons goes to israel in the name of military assistance and other similar programs. It is very well known that weapon supplier bloc’s neo-colonial interests in middle east are directly aligned with Israeli presence in the region and since weapon supplier’s country benefits from war and have a long history of supporting similar actions in middle east, africa, latin america etc so its not difficult to understand that western countries are not just aware but actively participating in this genocide.
In its treatment of Hamas, the report denounced October 7 atrocities, including hostage-taking, rocket attacks, and tunnel use in civilian areas, as violations of IHL and potential war crimes. However, it criticized Israel’s indiscriminate and disproportionate response, particularly the targeting of civilian areas, as actions that could constitute crimes against humanity.
Skoog called on EU nations to halt arms exports to Israel if there is a risk the equipment could be used in war crimes. Despite this, EU ministers rejected the proposal, raising concerns of what Oxfam’s Agnès Bertrand-Sanz termed “criminal collusion” with Israel’s actions in Gaza.
Credit: This article is inspired by Original Article here. While the core idea originates from their work, I’ve expanded upon it with my own interpretations and perspectives.