Ireland South MEP, Cynthia Ní Mhurchú, a member of the EU Parliament’s Petitions Committee, has launched a formal petition to the European Parliament calling on the European Commission and Council to review Israel’s compliance with the human rights clause (Article 2) of the EU-Israel Association Agreement and determine whether continued trade with Israel remains compatible with EU law. She has also raised a legal query as to whether any EU arms sales to Israel are now compatible with EU law.
The formal petition asking the EU Commission and EU Council to investigate technical breaches of EU law in trading with and selling arms to Israel has been supported and co-signed by 27 Irish Senior Counsel and Barristers.
The petition submitted by Ní Mhurchú, a former barrister, requires the EU Commission and Council of Europe to….
- Assess the impact of recent military actions on EU-funded humanitarian projects and aid infrastructure in Gaza, and request a report from the EU Commission on how EU funds have been protected, obstructed, or destroyed.
- Ensure that the EU’s Common Position on arms exports is being properly applied, particularly with regard to the prohibition on transfers that may facilitate violations of international humanitarian law.
- Encourage the creation of a monitoring mechanism under the European External Action Service (EEAS) to ensure that EU-funded humanitarian assistance to civilians in Gaza is protected and fully aligned with EU humanitarian principles.
Ní Mhurchú says she is horrified at what is happening in Gaza and says she is using this legal mechanism to attempt to force the EU Commission into a suspension of trade with Israel and more importantly to force an end to EU arms shipments to Israel. Ní Mhurchú said she wants to hold the EU Commission accountable for their inaction on Israeli breaches of international law, but more importantly she wants to hold EU authorities accountable for specific breaches of EU law.
“Like most other right thinking people, I am horrified at what is happening in Gaza and feel powerless. I have continually lobbied the EU Commission and Ursula Von Der Leyen directly for a suspension of the EU/Israel trade agreement on the basis that Israel is violating human rights clauses in that agreement. We cannot trade with a regime that kills women and children with impunity. Now, we are trying the legal route to stop trade with Israel.
A European Parliament petition is a formal mechanism, recognised by the EU Treaties, where complaints, issues or questions of law can be brought up in a formal hearing setting where the EU Parliament, MEPs, and the EU Commission are in attendance. Such a Petition will force the EU Commission to answer and address a number of technical legal questions on the situation in Gaza, namely,
- Is the continuation of the EU/Israel trade agreement compatible with EU law?
- Is Israel interfering with EU aid and aid infrastructure and if so, what is the Commission planning to do on this?
- Are any arms transfers to Israel from the EU in compliance with EU law?
The Petition, if accepted by the secretariat of the Petitions committee, will have a full hearing on the floor of the European Parliament in Brussels where EU Commission officials will have to answer very specific questions of law around our continued trade with Israel.
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