Briefing pèresented to MEP in EU by ECCP, december 6-7, 2023
Almost two months into the Israel’s land, sea and air war on, and invasion of, Gaza, both the human toll and the wanton destruction of civilian infrastructure are staggering. Israel’s indiscriminate bombing has killed more than 15,000 Palestinians, including more than 6000 children and 4000 women; some 7,000 people are still missing. More than 36,000 Palestinians have been physically injured or maimed. The psychological impact of the assault, especially on children, is unknowable. About 60% of homes are completely or partially destroyed. 1.7m of Gaza’s 2.3m people have been displaced. 108 UN workers and some 200 medical personnel have been killed (all data from HYPERLINK “https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-53″November 28, see the addendum). These numbers, disturbing as they are, are also, likely an underestimation, since the targeted attacks on the health system have made it impossible to continue with accurate monitoring.
No single conflict has caused such devastation in such a short time span in recent history. This is a result of a massive and systematic violation of international humanitarian law, laws designed to ensure the protection of civilians during war. Civilians and civilian infrastructures such as hospitals, schools, homes, places of worship and sanitation systems were bombed without distinction, all of which constitute war crimes.
The UN secretary General Antonio Guterres stated “ HYPERLINK “https://turkiye.un.org/en/253313-gaza-unprecedented-and-unparalleled-civilian-death-toll-guterres”We are witnessing a killing of civilians that is unparalleled and unprecedented in any conflict” which has taken place during his mandate. He called Gaza not only a humanitarian crisis, but also “ HYPERLINK “https://news.un.org/en/story/2023/11/1143267”a crisis of humanity”.
On 27th October the UN General Assembly voted for HYPERLINK \l “:~:text=Occupied Palestinian Territory.-,UN General Assembly adopts Gaza resolution,immediate and sustained ‘humanitarian truce’&text=The United Nations General Assembly on Friday adopted a resolution,and Hamas militants in Gaza.”a resolution calling for an immediate and lasting ceasefire. The UN secretary general, humanitarian agencies, UN experts, and millions upon millions of people around the globe have been calling for an immediate and lasting ceasefire, all to no avail. Only almost seven weeks into the assault on Gaza was HYPERLINK “https://www.reuters.com/world/middle-east/israel-hamas-start-first-truce-gaza-war-2023-11-24/”a temporary truce finally achieved. The gap between the western political decision makers including the EU and what the UN and the people of the world are calling for could not be starker.
The HYPERLINK “https://www.consilium.europa.eu/en/press/press-releases/2023/11/12/statement-by-the-high-representative-on-behalf-of-the-european-union-on-humanitarian-pauses-in-gaza/”EU’s own position requested only humanitarian pauses, falling far short of demanding a permanent ceasefire. The EU and its member states have been ignoring the clear demands of their own citizens and of the citizens of the world. This refusal to even demand a ceasefire makes EU complicit in the continuing crimes against humanity and war crimes perpetrated on Palestinian people in Gaza. Although the pauses allow limited humanitarian aid to reach those in need and achieve the release of some captives, it will not serve to save more Palestinian lives in Gaza. It is truly shocking that the EU has chosen to support Israel and failed to prevent further loss of life.
At the same time, Palestinians in the occupied West Bank and illegally-annexed East Jerusalem have faced increased repression by the Israeli military and armed gangs of illegal settlers (280 killed, more than 3000 arrested, villages and refugee camps have been destroyed and ethnically cleansed).
The Palestinian people in Gaza, the West Bank and East Jerusalem have lived under Israeli occupation since 1967. They are thus a HYPERLINK \l “:~:text=Persons protected by the Convention,which they are not nationals.”protected people according to international law, and the State of Israel is waging war and laying a siege on the population it has a legal obligation to protect. When the responsible authority manifestly fails to protect the people under its control, HYPERLINK “https://www.un.org/en/genocideprevention/about-responsibility-to-protect.shtml”the responsibility falls on the international community including the EU. Abandoning this responsibility shows an open contempt for international law.
The momentary truce in place since November 24 has given much needed respite. But it is an absolute priority that it be extended and converted into a permanent ceasefire. Together with the UN and HYPERLINK “https://www.middleeastmonitor.com/20231127-ireland-calls-for-extension-of-gaza-truce-says-this-conflict-must-end/”the Irish government, the HYPERLINK “https://www.theguardian.com/world/video/2023/nov/24/spanish-and-belgian-prime-ministers-call-for-permanent-ceasefire-in-gaza-at-rafah-crossing-video”prime minister of Spain Pedro Sanchez and the prime minister of Belgium Alexander De Cro also called for a permanent ceasefire. This position should be embraced by the whole of the EU community. The unattainability of Israel’s stated goal to achieve the total elimination of Hamas is clear, as most serious analysts have stated. Therefore, it should be clear what Israel’s aggression really is – a war on the 2.3m Palestinian people who live in Gaza. HYPERLINK “https://twailr.com/public-statement-scholars-warn-of-potential-genocide-in-gaza/”Experts warned that what is happening in Gaza is a genocide, and numerous UN experts invoked the need for HYPERLINK “https://www.ohchr.org/en/press-releases/2023/10/gaza-un-experts-decry-bombing-hospitals-and-schools-crimes-against-humanity”the prevention of genocide.
Genocide is prohibited by the HYPERLINK “https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention on the Prevention and Punishment of the Crime of Genocide.pdf”Genocide Convention of 1948 as well as by the HYPERLINK “https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf”Rome Statute of 1998, and is defined as specific acts carried out with the “intent to destroy a national, ethnic, racial or religious group, in whole or in part.” Not only Israel’s mass killings, but also HYPERLINK “https://www.newarab.com/analysis/erase-gaza-how-genocidal-rhetoric-normalised-israel”the clear incitement, HYPERLINK “https://www.ohchr.org/en/press-releases/2023/10/un-expert-warns-new-instance-mass-ethnic-cleansing-palestinians-calls”mass ethnic cleansing, and the use of HYPERLINK “https://www.oxfamamerica.org/press/press-releases/starvation-as-weapon-of-war-being-used-against-gaza-civilians-oxfam/”starvation as weapon of war and a severe restriction on humanitarian and other forms of HYPERLINK “https://www.ohchr.org/en/press-releases/2020/07/israels-collective-punishment-palestinians-illegal-and-affront-justice-un”collective punishment, strengthen the case that genocide has been ongoing in Gaza. As genocide constitutes one of the gravest crimes against humanity, state parties are legally obligated to prevent its commission.
Instead, HYPERLINK “https://www.euronews.com/2023/11/03/europe-aiding-and-assisting-israels-war-in-gaza-with-vital-weapons”some EU countries have actually been providing Israel with military aid and assistance, despite Israel’s decades-long record of human rights violations and breaches of international humanitarian law and in contradiction to HYPERLINK “https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32008E0944″the EU’s own policy. These countries not only violate their obligations not to render assistance to the commission of crimes, they are also complicit in the crimes perpetrated by the Israeli state and are thus themselves liable for prosecution.
It is time for the EU to address HYPERLINK “https://www.ohchr.org/en/hr-bodies/hrc/co-israel/index”the root causes, to stop aiding Israel’s regime of apartheid, occupation and colonization, to act to stop this genocidal war, to stop the impunity enjoyed by Israel for a quarter of a century, and to advocate for and help implement a genuine peace in the region based on respect for international law and human rights, paramount among which is the protection of the entire Palestinian people’s right to self-determination.
We, organisations representing the views of millions of European citizens, call upon you to fulfil your moral and legal obligations to take all measures at your disposal to halt this “crisis of humanity.” In the immediate term we demand that the EU:
1. Prevents further loss of life by acting swiftly to ensure extension of the temporary truce into a lasting ceasefire in Gaza.
2. Pressures Israel to ensure immediate entry and delivery of sufficient quantities of humanitarian aid and relief to the whole strip, including food, water, fuel and medical supplies, and ensures such aid is not conditioned and is delivered to all parts of the strip, as required under international law and to be enforced and guaranteed by the UN through its agencies.
3. Pressures Israel to ensures the safe return of all displaced persons from the Gaza Strip to their homes immediately, and prevents Israel from depopulating and displacing the people of the Gaza Strip within or outside it, and to be enforced and guaranteed by the UN through its agencies.
4. Prevents Israel from arresting more Palestinians.
5. Encourages and facilitates immediate action by the office of the prosecutor of the International Criminal Court to advance the Court’s investigation into the crimes perpetrated by Israel on Palestinian people including the crime of genocide.
6. Encourages member states to Impose a comprehensive military embargo on the Israeli state.
7. Imposes travel ban on Israeli officials responsible for war crimes and crimes against humanity, and on violent settlers.
8. Addresses the root causes and work towards a genuine solution based on international law and human rights. This implies, first and foremost, respecting the right to self-determination of the Palestinian people in its entirety, and committing to bringing about an immediate end Israel’s occupation, siege of Gaza and discriminatory practices amounting to the Crime of Apartheid.
