LAST UPDATE | 14 Feb

TAOISEACH LEO VARADKAR has called for an “urgent review of whether Israel is complying with its human rights obligations under the EU/Israel Association Agreement”.

The agreement, which came into force in 2000, provides the legal and institutional framework for political dialogue and economic cooperation between the EU and Israel.

Article 2 of the agreement states that it “shall be based on respect for human rights and democratic principles”. 

However, Leo Varadkar and Spanish Prime Minister Pedro Sanchez today sent a letter to European Commission president Ursula von der Leyen asking that the Commission undertakes an “urgent review of whether Israel is complying with its obligations”. 

The letter has also been sent to the vice president of the European Convention on Human Rights Josep Borrell.

The letter adds that if the Commission does consider Israel to be in breach of these obligations, that it should propose “appropriate measures” to consider.

At least 28,473 people, mostly women and children, have been killed in Israel’s response to the 7 October attack by Hamas, according to the Gaza health ministry.

The letter from Varadkar and Sanchez notes that there is “deep concern” at the “impact the ongoing conflict is having on innocent Palestinians, especially women and children”. 

It adds that the expanded Israeli military operation in the Rafah area “poses a grave and imminent threat that the international community must urgently confront”.

Rafah is the southernmost city in the Gaza Strip and has become the latest target in Israel’s military campaign. 

The Israeli army is preparing for a ground incursion into the city along the border with Egypt, where displaced Palestinians have sought refuge from fighting further north.

About 1.5 million Palestinians have fled to Rafah, with many living in tents, while food, water and medicine are becoming increasingly scarce. 

The letter also states that there is “total condemnation of Hamas’ indiscriminate terrorist attacks” on 7 October and that Israel “has a right to defend itself from such attacks”.

However, the letter adds that “this may only be exercised in line with international law” and calls an “immediate humanitarian ceasefire”.

Varadar and Sanchez also remarked on the “binding provisional measures imposed by the International Court of Justice” in South Africa’s case against Israel. 

“We recall that the ICJ has ordered Israel to take immediate and effective measures to ensure urgently needed basic services and humanitarian assistance are provided in Gaza,” states the letter.

It adds: “Against the background of the risk of an even greater humanitarian catastrophe posed by the imminent threat of Israeli military operations in Rafah… we ask that the Commission undertake an urgent review of whether Israel is complying with its obligations, including under the EU/Israel Association Agreement, which makes respect for human rights and democratic principles an essential element of the relationship.”

The letter also states that “we must not lose sight of the pressing need for a political perspective to end the conflict”.

“The implementation of the two-State solution is the only way to make sure this cycle of violence does not repeat itself,” said Varadkar and Sanchez.

“The EU has a responsibility to take action to make this a reality.”

Meanwhile, Varadkar’s letter also notes allegations that staff of the United Nations Relief and Works Agency (UNRWA) may have been involved in the Hamas attacks of 7 October.

An Israeli intelligence dossier claimed the 12 UNRWA staff members were involved in the attacks that left more than 1,000 people dead.

The head of UNRWA, Phillipe Lazzarini, immediately fired the employees in question and launched an investigation into the allegations.

While Varadkar and Sanchez said they “fully support” this decision, they added that UNRWA must be allowed to operate in Gaza and that EU support to UNRWA must be maintained.

“There is no pathway to achieving the urgent massive and sustained scale up in humanitarian assistance, through full, safe and unhindered humanitarian access that is needed, without UNRWA playing a central role,” said the letter. 

Speaking this morning, the European Commission’s deputy chief spokesperson Arianna Podesta confirmed that the Commission has received the letter.

However, Podesta said it was too early to comment on the letter at this stage.

Meanwhile, the EU’s spokesperson for Foreign Affairs and Security Policy Nabila Massrali told a press briefing that the EU “urges all sides to respect international law”.

“There must be accountability for violation of international law and the EU consistently underlines the importance of ensuring the protection of all civilians at all times.

“The EU continues to pass this message in all its statements and also as well bilaterally in its contact with the Israeli authorities.”