Israel Allies Confronted for Potential Complicity in Gaza Genocide
International Court of Justice renders allies of Israel with the potential for complicity in not acknowledging the threat of genocide in Gaza
The allies of Israel are confronted with the potential for complicity. The hesitance of Western nations to implement decisive measures against the Jewish state, in light of the International Court of Justice’s directive acknowledging the threat of genocide in Gaza, renders them vulnerable to legal action for violating their international responsibilities.
On May 12, 2025, JURDI, the very respected French Association “Lawyers for the Respect for International Law”, announced that it is putting the European Union on notice for “failing to fulfil its obligation to prevent genocide in Gaza. If it fails to respond and takes concrete measures within two months, JURDI will refer the matter to the Court of Justice of the European Union (CJEU). JURDI denounces the “prolonged inaction” of European institutions, unable to agree on the stance to adopt in the face of the destruction of the Gaza Strip and the forced displacement of Palestinians. The legal experts assert that these elements are evidence of the European Union’s “culpable failure to meet its obligation to prevent genocide, protect civilians, and respect international law.”
Document: JURDI Press release translated from French into English (Source JURDI)
Two formal notices were dispatched to the European Commission and the Council of the European Union, “under Article 265 of the Treaty on the Functioning of the European Union.” This article specifically stipulates that a European institution may be held accountable for “an unlawful abstention under European Union law.” There is a growing consensus that Israel’s conduct in the Gaza Strip violates international law, amounting to war crimes, crimes against humanity, and potentially genocide. In January 2024, the International Court of Justice (ICJ), in its Order on Provisional Measures regarding the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v Israel), stated that the risk of genocide was ‘plausible’ and highlighted a ‘real and imminent risk’ of irreparable harm to the rights safeguarded by the Convention. Furthermore, the ICJ’s 2024 Advisory Opinion on the Legal Consequences arising from Policies and Practices of Israel in the Occupied Palestinian Territory (OPT) confirmed that Israel’s ongoing occupation of the OPT breaches multiple tenets of international law. In November 2024, the International Criminal Court (ICC) issued an arrest warrant for Israeli Prime Minister Netanyahu and former Defence Minister Yoav Gallant, citing alleged war crimes and crimes against humanity in Gaza.
Although it might be too little, too late, Jurdi is urging the EU to publicly condemn ongoing atrocities, reassess its relations with Israel, and impose sanctions on Israeli officials, including Netanyahu, Smotrich, and Katz. Johann Soufi, co-founder of Jurdi, emphasises that this is a call to action to alert Western democracies and the EU, which are compromising their moral principles in Gaza. French outlet Mediapart has the story…
Mediapart reports…
The Association of Lawyers for Respect for International Law (JURDI) has announced that it is putting the European Union on notice for “failing to fulfil its obligation to prevent genocide in Gaza .”
Two letters of formal notice were sent to the European Commission and the Council of the European Union, “on the basis of Article 265 of the Treaty on the Functioning of the European Union.” This article provides, in particular, that it is possible to have a European institution condemned for “an abstention that is unlawful under European Union law .”
Strong measures against Israel demanded
To support its argument, the association relies in particular on the orders of the International Court of Justice, which establish “a plausible, real, and imminent risk of genocide,” as well as on the arrest warrants issued by the International Criminal Court against Benjamin Netanyahu, for crimes against humanity and war crimes.
JURDI denounces the “prolonged inaction” of European institutions, unable to agree on the stance to adopt in the face of the destruction of the Gaza Strip and the forced displacement of Palestinians. The legal experts assert that these elements are evidence of the European Union’s “culpable failure to meet its obligation to prevent genocide, protect civilians, and respect international law.”
Jurists are calling for the implementation of strong measures, as was the case with Russia, such as the termination of cooperation agreements with Israel, the adoption of individual sanctions against Israeli leaders, or the exclusion of the Hebrew state from the SWIFT payments system, which is essential in the global trading system.
If there is no response from the European institution, the association says it will refer the matter to the Court of Justice of the European Union within two months “in order to have the current inaction declared illegal.”
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Header featured image (edited) credit: IMAGE: The European Union’s foreign affairs chief Kaja Kalla. Emphasis & editing added by the (TLB) editors
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