EU Risks International Law Breach with Israel Energy Deal, Warns Global Witness

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The European Union faces potential violations of international law due to a 2022 energy agreement with Israel, designed to increase gas supplies to Europe. A new report by the activist group Global Witness asserts the deal “tramples on Palestinian rights” and risks making the EU “complicit in breaching international law.”

The controversy stems from the East Mediterranean Gas (EMG) pipeline, which Global Witness claims runs through Palestinian waters. The group contends that Israel unilaterally constructed and operates the pipeline without Palestinian consent, denying them economic, environmental, or regulatory input. This, they argue, constitutes a likely breach of international law, given Israel’s denial of Palestinian sovereignty. Legal experts consulted by Global Witness support the view that the EU, by signing and maintaining the MoU, is likely violating customary international law and EU law.

The EU signed the MoU with Israel and Egypt in June 2022, seeking alternative energy sources after Russia’s invasion of Ukraine. However, the agreement’s automatic extension last month has intensified scrutiny, particularly as the European Commission itself found “indications” that Israel is violating human rights obligations amid the ongoing conflict in Gaza and West Bank settler violence.

Critics, including MEPs and human rights organizations, are calling for the EU to suspend the MoU and re-evaluate its energy cooperation with Israel. They argue that continuing the deal undermines the EU’s commitment to international law and human rights, effectively aiding Israel’s actions in the region. The International Court of Justice (ICJ) has previously advised states against recognizing or supporting Israel’s occupation as lawful, a principle Global Witness argues applies to the pipeline agreement.

As EU Foreign Ministers prepare to meet on July 15, the High Representative for Foreign Affairs, Kaja Kallas, is expected to report on discussions with the Israeli government regarding the unprecedented review of the EU-Israel Association Agreement.

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