A group of international jurists will present this Thursday an appeal before the Court of Justice of the European Union (TJUE) against the European Commission and the EU council before the violations of international law in the occupied Palestinian territories. ” In Gaza, the twenty -seven have not adopted so far any sanctioning measure against the Government of Benjamín Netanyahu.
The resource for omission (which aims to demonstrate that institutions avoid acting despite having the obligation to do so) will be presented by the Juristas Association for respect for International Law (Jurdi), an organization based in France created a year ago by lawyers, judges, professors and legal advisors to “promote respect and application of international law in the context of the Palestinian-Israeli conflict”. Legal experts claimed, Ursula von der Leyen, and the EU council “concrete measures” in the face of the catastrophic situation of the Palestinian population.
Two months later, fulfill the deadline for this type of procedures, they consider that the lack of forceful actions of Brussels to what they qualify as a “proven risk of genocide in Gaza” constitutes an act of “passive complicity”.
“When institutions know and can do, and they do nothing, that is called passive complicity. We hope that the TJUE can enforce the right and nothing more than the right,” said the president of Jurdi, Patrick Zahnd, in a statement sent to this newspaper.
According to experts, the commission, “despite being empowered to act alone, remained passive” in front of Israel’s actions. of European institutions ”since, they affirm, with this, four fundamental principles of international law applicable to the EU have been respect international humanitarian law. ”
With its resource by omission, the organization asks the TJUE to formally confirm this breach and order the institutions of the Union to suspend their cooperation with Israel, adopt specific sanctions and respect their duty of prevention. “
In its May letter, the association pointed to the president of the commission both, Ursula von der Leyen, as well as the EU Council “for having breached the European Commission its obligation to act in the face of the proven risk of genocide in Gaza ,, more general, before the facts that can constitute crimes against humanity and serious violations of international humanitarian law, in particular by intentionally directed against the civilian population.”
In their letter, the jurists already warned of their intention to take the commission before the TJUE if, in two months, which is the legal term established by the treaties for this type of actions, it did not pronounce in writing or made “concrete measures”.
Specialists in International Law, mostly French and Belgians, demanded, among others, that von der read a “public and unequivocal position on the obligation to prevent genocide.” They also asked that and apply “all appropriate diplomatic, economic or legal measures”, including sanctions to members of the Netanyahu Cabinet and Israeli prime minister himself.
These options, among others, are on the table of the European capitals since last week, when the high representative for foreign policy, Kaja Kallas, of 10 possible actions against Israel after having been formally found by the EU legal service that the Jewish State has violated the clauses on human rights stipulated in article 2 of the EU-Israel Association Agreement, the main instrument of bilateral political and commercial exchanges from its entry into their entry Vigor in 2000.
However, the Foreign Ministers, gathered with this purpose in Brussels on Tuesday, were not able to agree on any measure, largely due to the reluctance of several countries to act against Israel now that an agreement with the EU has just been signed to increase the entry of humanitarian aid to Gaza, blocked for more than four months.
“Despite the site letters and the avalanche of evidence that documented a genocide underway in Gaza, no suspension of cooperation agreements has been adopted, no restrictive measure has not been carried out or any emergency audit has been carried out,” says Jurdi in his statement. Nor has any gesture been made to “interrupt the flow of financing and transfer of military technologies, in direct violation of international law and European law,” add jurists, which now bet on European justice to force Brussels to act at once.
