Gaza: experts in international law attack the EU for inaction before European justice
The association Lawyers for respect for international law (Jordi) filed this Wednesday an appeal in deficiency before the Court of Justice of the European Union (CJEU) against the European Commission and the EU Council, which it accuses of inaction against the “in progress genocide” in Gaza. Despite two formal notice addressed to institutions on May 12 and 15, the European Union did not take “any concrete measure” to suspend its cooperation with Israel, block armament transfers or launch an emergency audit, deplores the organization.
The appeal calls into question a direct violation of international and European law, in particular obligations arising from the treaties of the Union, the EU – Israel Association Agreement and the Arms Trade Treaty. According to Jurdi, several Member States continued their arms deliveries to Israel, without reaction of the institutions, despite the documented risks of use in war crimes.
The lawyers point to the violation of four fundamental principles of public international law, applicable to the Union:
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the obligation to prevent genocide from the plausible risk threshold;
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the duty to end the obstacles to the self -determination of the Palestinian people;
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the prohibition to recognize or assist an illicit situation, such as prolonged occupation;
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And the obligation to enforce international humanitarian law, in particular in the face of war crimes and crimes against humanity.
Jurdi asks the CJEU to formally note this deficiency and to enjoin the institutions to suspend their cooperation with Israel, to adopt targeted sanctions and to respect their duty of prevention. “When institutions know, can, and do nothing, it is called a passive complicity. We hope that the Court will respect the law, just the law, ”said Patrick Zahnd, president of the association.
