Concerns Over EU’s Double Standards in International Law
A former EU ambassador to the Palestinian occupied territories and the Gaza Strip has raised concerns about the European Union’s perceived double standards in applying international law, particularly regarding its approach to Ukraine and the Gaza Strip. This issue is impacting the EU’s credibility with the Global South, a region that the bloc is keen to build stronger trade relationships with.
The ex-ambassador, Sven Kühn von Burgsdorff, emphasized that the EU has lost its standing in the world. He noted that when engaging with countries in the Global South—many of which are crucial for trade, economic resources, raw materials, and energy supplies—the EU faces significant challenges in forming meaningful partnerships.
Kühn von Burgsdorff served as an EU ambassador from 2020 to 2023 and was involved in coordinating a letter from 27 former EU ambassadors, later endorsed by 58, calling for actions against Israel due to the ongoing situations in Gaza and the West Bank. He highlighted the contrast between the EU’s swift response to Russia’s invasion of Ukraine and its perceived inaction in the Palestinian context.
Currently, only the Bahamas and Micronesia are official supporters of Europe in its war against Russia from the Global South, according to the ex-EU envoy. He argued that this lack of support indicates that countries in the Global South do not take the EU seriously when it comes to upholding human rights and defending international law.
The Situation in Gaza
On 7 October 2023, Hamas attacked Israeli communities near Gaza, resulting in the deaths of around 1,200 people and the kidnapping of 251 individuals. As of June, 50 hostages remained, with 27 presumed dead. Since then, Israel has intensified military operations in Gaza and the West Bank, leading to over 60,000 casualties in Gaza, according to the Hamas-run Gaza health ministry.
In July, the United Nations reported that intermittent blockages of aid since March were causing famine and widespread starvation. Kühn von Burgsdorff described the situation as a “horrifying spectacle of killing and mutilating innocent Gazans” in pursuit of the Netanyahu government’s stated objective of destroying Hamas. He pointed out that international humanitarian law principles, such as distinguishing between military and civilian targets, proportionality of actions, and precautionary measures to minimize civilian harm, have not been observed.
The Israeli government has characterized its fight against Hamas as an existential war and insisted that it has adhered to international law. However, the EU’s inaction and the inefficacy of the humanitarian deal struck between the EU and Israel have drawn criticism.
EU Inaction and Humanitarian Aid
The former EU ambassador criticized the EU’s inaction and the ineffectiveness of the humanitarian deal announced by the EU’s High Representative for Foreign Affairs, Kaja Kallas, on 10 July. He noted that while Kallas promised a substantial increase in humanitarian aid entering Gaza, the opposite occurred, with no additional aid allowed in and hundreds of civilians killed at aid distribution points.
Since April, the Gaza Humanitarian Foundation, co-managed by Israel and the US, has been responsible for distributing food in the Gaza Strip following the disengagement of UN authorities from aid delivery. However, the foundation has faced heavy criticism from NGOs and UN agencies for its distribution practices, including alleged shootings by the Israeli army at starving people trying to reach food supplies.
As of 13 July, 875 people died while trying to reach food, according to the UN. Kühn von Burgsdorff called for urgent action to prevent a complete genocide in Gaza, noting that there is a growing consensus among the European populace, especially young people, who want their governments to take action against the ongoing massacre.
Proposals from Former EU Ambassadors
The 58 former EU ambassadors proposed several measures for how the EU should respond to Israel, including suspending trade agreements, ending research and cultural collaboration, and halting arms sales to Israel. They suggested suspending all preferential trade arrangements with Israel, which could be done through a qualified majority of 15 member states representing two-thirds of the EU population.
The ex-ambassadors also called for halting all trade with illegal settlements in the occupied Palestinian territories and sanctioning violent Israeli settlers. They highlighted that violent settlers frequently attack Palestinian homes, torching houses, driving people out, evicting them, and demolishing their properties, which violates international military law.
Among the proposals, the ex-EU envoys called for sanctioning ministers who call for the eviction or annihilation of the Palestinian people, such as Finance Minister Bezalel Smotrich, Security Minister Itamar Ben-Gvir, or Defence Minister Israel Katz. They also suggested stopping academic research and technological programmes under the EU’s Horizon Europe initiative, where Israel has been a primary beneficiary.
Despite these proposals, EU diplomats failed to agree on a partial suspension of Israel from the Horizon Europe fund, indicating that the EU’s response to the crisis in Gaza remains inadequate.