Upholding International Obligations: Europe Resorts to ‘Neutrality’ in Its Response to the Ongoing Genocide in the Gaza Strip
As we cross the milestone of four months amidst the escalating horrors in the Gaza Strip, death tolls have surpassed 35.000, including 13.500 children and 7.500 women. Amidst these atrocities, the world observed South Africa v. Israel trial with new hope for a permanent ceasefire, however, the court’s verdict on January 26th has brought before us the pressing question: Can the mechanisms of international humanitarian law and the Genocide Convention alone truly forge a European unified stand on a permanent ceasefire and an end to the atrocities against the Palestinian population in the Gaza Strip?
With the most recent escalation of violence since October 7th against Palestinians in the Gaza Strip, the world is currently watching a second Nakba unfold. UN experts warned already in November of the unfolding of genocide and the catastrophic consequences for the Palestinian population living in the Gaza Strip and declared it a failure on behalf of the international community to mobilize a unified response. With life-sustaining infrastructure and “safe passages” being destroyed, and starvation used as a means of warfare, 1 out of 4 people in Gaza are now at catastrophic internationally recognized phase 5 level, implying a direct risk of mass starvation and death.
During the ICJ trial, the Irish human rights lawyer, Blinne Ni Ghrálaigh stated that the situation in Gaza represents “the 'first genocide in history' being broadcast in 'real-time', shedding light on the amounts of evidence and testimonies brought forward by Palestinian civilians and human rights organizations in the Gaza Strip. Additionally, Ronald Lamola, South African Minister of Justice expressed during the trial how “no armed attack on a state territory, no matter how serious, can provide justification for or defend breaches of the convention” (referring to the genocide convention). Despite these strong statements stated in an international court, the failure to mobilize and unify a response at the EU level points not only demonstrates a lack of political will but it seems additionally stained by geopolitical interests.
On genocide
The UN Convention on the Prevention and Punishment of Genocide (the Convention on Genocide), being the first UN convention adopted by the General Assembly in 1948, states in its preambles how “[...] international cooperation is required to liberate humankind from such an odious scourge”, referring to genocidal atrocities. As of this day, 153 of the 193 UN Member States countries have ratified the Genocide Convention, including all the European Countries. However, following international customary law, all nations are obligated to abide by the Genocide Convention, having ratified it or not. Genocide, a crime that aims to eradicate entire groups of people, is stated under Article 2 in the convention:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
The ICJ has determined that Article I of the Genocide Convention has an extraterritorial scope, meaning that “[...] States that have the capacity to influence others have a duty to employ all means reasonably available to them to prevent genocide, including in relation to acts committed outside their own borders”. The ICJ has furthermore proclaimed the crimes of genocide as erga omnes, meaning the legal obligations are ‘owed to the international community as a whole’, following among other cases the verdict of Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro) July 1996. The court furthermore states that:
“[...] any state may fulfill that obligation by exercising universal jurisdiction over persons suspected of committing such crimes when other States are unable or unwilling to take effective steps to repress these crimes”.
Concerning international court treaties, countries are also bound to abide by the Rome Statute and its two amendments (the Kampala Amendments from 2013). The Rome Statute, ratified by 124 countries, and 43 European countries, and adopted in 1998, is the official treaty that establishes the International Criminal Court and gives it the structure and jurisdiction to investigate 1. Genocide, 2. Crimes against humanity, 3. War Crimes and 4. Crime of Aggression.
The European Response to Genocide
On January 18th, the European Parliament voted for a resolution for a permanent ceasefire in the Gaza Strip. The outcome, with 312 votes in favor, 131 against, and 72 abstentions, starkly reveals a lack of unified support and European political stand to stop the ongoing genocide against Palestinian civilians in the atrocities committed by the Israeli state. The adopted resolution holds a purely symbolic significance, without binding legal commitments. Notably, this marks the first instance of the parliament endorsing a ceasefire since the call for a humanitarian pause in October 2023. In addition to urging the release of all hostages and the dismantlement of Hamas, the parliament strongly condemned the alarming death toll among Palestinian civilians in the Gaza Strip.
Although genocide is considered the ‘crime of crimes’, many European countries are currently refraining from taking a clear stand against the escalation of the genocide of the Palestinian people in the Gaza Strip or directly opposing it, claiming among other aspects Israel’s right to self-defense. "To accuse a country that has suffered a terrorist attack of genocide is obviously nonsense," stated the Hungarian minister of foreign affairs about the final ruling of South Africa v. Israel on January 26th by the International Court of Justice in Hague. Germany's Vice Chancellor Robert Habeck has recognized the Israeli army for ”[...] acting too harshly in the Gaza strip, but that is not genocide” and stated that the objective of committing genocide lies with Hamas and not Israel. With the ICJ ruling, Peter Stano, lead spokesperson for foreign affairs and security policy, stated that "regarding this specific case, countries have the right to submit cases or lawsuits - the European Union is not part of this lawsuit”, referring to “neutrality clauses”.
These statements not only wrongfully reduce the ongoing atrocities in the Gaza Strip to a simple “two States matter” but should also be understood as undermining the unification around a call for a permanent ceasefire. The statements are also made in the context of the latest ceasefire discussions between Hamas and Israel, where Israeli Prime Minister Benjamin Netanyahu has asserted as late as February 7th, Israel's right to self-defense against genocide until achieving the 'final victory.' Netanyahu states that total victory encompasses the creation of lasting peace and that the ongoing proxy wars in the region threaten the “entire free world”, and that total victory is expected within months.
Although many official statements on behalf of European Countries refrain from taking a side or legitimizing Israel’s rights to defense, civil society around Europe is taking a different stand. The global day of action for Gaza, which took place on the 13th of January, once again showed civil society’s demand for an immediate and permanent ceasefire, with many furthermore accusing their country of complicity in genocide due to arms trade and a false imaginary of modern days ‘neutrality’.
This also stands in contrast to the rapid condemnation of the Russian invasion of Ukraine in February 2022, with Western and European leaders as soon as March 2022 had reacted and denounced “[...] ‘massacres’, ‘atrocities’ and ‘possible genocide’ as the Kremlin flatly rejected all responsibility”, in reaction to the killing of civilians while explicitly condemning Russian authorities. Poland’s prime minister, Mateusz Morawiecki, and the Ukrainian president, Volodymyr Zelenskiy, rapidly drew attention to what they described as actions that could fall under the crime of genocide and war crimes. Michelle Bachelet, UN High Commissioner 2018-2022, had stated during an urgent debate with the UN Security Council in March 2022, just one month into the invasion, how “strikes and heavy shelling during Russia’s invasion had killed civilians in acts that may amount to war crimes”, and the suspicion of genocide was also discussed during the session. Lastly, one year after the Russian invasion of Ukraine in February 2022, EU President Ursula von der Leyen announced the need for the establishment of an International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA).
This double standard has been highlighted by some European leaders, such as Ione Belarra, Spain’s minister of social rights and leader of the far-left Podemos party, who condemned the international community for its double standard, concerning their reactions to what she calls a “planned genocide” of Palestinians in Gaza, to the public outcry with the invasion of Ukraine in 2022.
Moving towards action
The European framework to prevent and act against genocide is based on the Convention of Genocide. This highlights a bigger structural problem with UN conventions: that is being a framework based on recommendations and expected compliance with the morals of preventing and not participating in genocides or genocidal atrocities. The collective stating of ‘'never again', in remembrance of the Holocaust, and the commitment to prevent new genocides creates the need for understanding the logic of the genocides taking place today worldwide.
In terms of obligations, not only should the European States abide by the Genocide Convention, but also refrain from shadow actions, such as the arms trade to Israel from European and Western countries. Condemned by numerous human rights organizations, including Amnesty International, it has once again prompted a call for a complete arms embargo. Despite these condemnations, Israel has significantly bolstered its arms inventory in recent years, as evidenced by data from the Stockholm International Peace Research Institute (SIPRI) analyzing arms sales from Europe to Israel between 2013 and 2022. This stockpile includes weapons and equipment from countries such as Italy and Germany, now being utilized in the Gaza Strip. As of February 7th, Nicaragua has also threatened to take Germany, the UK, the Netherlands, and Canada to the International Court of Justice (ICJ) for trading arms with Israel, alleging their contribution to the ongoing genocide escalation. Human rights organizations, particularly in the UK, have criticized the unsuccessful ban on weapon exports to Israel and are anticipated to pursue legal action soon.
There is also an increasing need to move beyond the imaginary of neutrality. The call for the protection of Palestinian civilians in the Gaza Strip and the entry of humanitarian aid, while not calling for an immediate ceasefire must be considered an international humanitarian failure. Several human rights organizations at the EU level have also highlighted the need to commit to international humanitarian law, following the ruling of the ICJ. The EU Director for Advocacy at Human Rights Watch, Philippe Dam, has stated that it is crucial that the European countries support international judicial processes, and Secretary General of Amnesty International, Agnès Callamard, stated the importance that world leaders and EU states show ‘their respect for the Court’s legally binding decision and do everything in their power to uphold their obligation to prevent genocide’. Lastly, this is highlighted through the statement made by lawyer Blinne Ni Ghrálaighby concerning the atrocities in Gaza: "Some might say that the very reputation of international law—its ability and willingness to bind and to protect all peoples equally—hangs in the balance".
Call for action:
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Ula finds herself at further risk in staying on Palestinian territory. She is currently facing dire circumstances when it comes to accessing and meeting basic needs such as food, sanitation, and stability of communications. With the latest Israeli attacks on what was considered a ‘safe zone’ in the Gaza Strip, Rafah, the needs of the 1.4 million Palestinians, in this area that equals the size of Heathrow airport, are acute!
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References
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