PRESS RELEASE
L’The European Union faces its responsibilities in Gaza Action for failure to act against the European Commission and the Council of the’European Union Brussels / Luxembourg, July 17, 2025 The association JURDI – Lawyers for Respect for International Law – files an action for failure to act before the Court of Justice of the European Union (CJEU) against the European Commission and the Council of the European Union, for serious and prolonged inaction in the face of violations of international law in the occupied Palestinian Territory.
Despite the formal notices issued on May 12 and 15, 2025, and the avalanche of evidence documenting an ongoing genocide in Gaza, no suspension of cooperation agreements, no restrictive measures, and no emergency audits have been initiated. No action has been taken to halt the flow of funding and military technology transfers, in direct violation of international and European law.
When the’Inaction becomes a legal offense The European Commission, although empowered to act alone, remained passive. This inaction engages the legal responsibility of the European institutions, with regard to:
- Articles 2, 3, 21, 29 and 215 TFEU; ;
- of the EU-Israel Association Agreement; ;
- and the imperative obligations of international law (jus cogens).
Four fundamental principles of public international law, applicable to the’Union, were defied:
1. Obligation to prevent genocide, from the threshold of plausible risk; ;
2. Duty to put an end to the obstacles to the self-determination of the Palestinian people; ;
3. Prohibition of recognizing or assisting an unlawful situation, such as prolonged occupation; ;
4. Obligation to uphold international humanitarian law, particularly in the face of war crimes and crimes against humanity.
This constitutes a clear violation of the Arms Trade Treaty (ATT), to which all EU member states are party, and of Common Position 2008/944/CFSP, which prohibits arms transfers when there is a clear risk of their use to commit serious violations of international humanitarian law. Yet, several member states have continued to deliver arms to Israel without any reaction from the European institutions.
Respecting the law, nothing but the law JURDI asks the CJEU to formally acknowledge this deficiency and to order the institutions of the Union to suspend their cooperation with Israel, to adopt targeted sanctions and to respect their duty of prevention.
«"When institutions know, can, and do nothing, that's called passive complicity. We Let's hope the Court will uphold the law, and nothing but the law.»
— Patrick Zahnd, President of JURDI
Presentation to the European Parliament
The official presentation of the appeal will take place this Wednesday, July 17, 2025, at the European Parliament., World Day for International Justice, in the presence of a cross-party group of MEPs and representatives of civil society. Voluntary interventions from NGOs and victims are expected.
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