The Intercept on Tuesday revealed that European Union foreign ministers rejected a proposal to halt arms exports to "Israel" last month, despite being presented with evidence of war crimes and genocide in an internal EU assessment.

The 35-page report, authored by Olof Skoog, the EU's special representative for human rights, was sent to ministers ahead of a council meeting on November 18.

The document, which had not been disclosed before, presented findings from United Nations sources on violations of international humanitarian law committed by "Israel" and Hamas since the start of the war in October 2023.

The report emphasized the disproportionate toll on civilians in Gaza, with an estimated 45,000 deaths, more than half of whom were women and children.

"War has rules," the assessment stated. "Given the high level of civilian casualties and human suffering, allegations focus mainly on how duty bearers, including the Israeli [Occupation] Forces (IOF), have seemingly failed to distinguish between civilians and combatants and to take all feasible precautions to protect civilians and civilian objects against the effects of the attacks, in violation of the fundamental principles of IHL."

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The report also cited "dehumanizing language" used by Israeli officials, warning that it might "contribute to evidence of intent" to commit genocide. "Incitement to discrimination, hostility or violence — such as that made in statements by Israeli officials — constitutes a serious violation of international human rights law and may amount to the international crime of incitement to genocide," it added.

EU complicity

Despite Skoog's call for EU countries to deny arms export licenses where there was a clear risk of misuse in war crimes, the proposal to suspend political dialogue with "Israel" and ban arms sales was ultimately rejected by EU ministers.

Former Greek finance minister Yanis Varoufakis underscored the legal implications of the report for EU officials. "They cannot plausibly deny that they were privy to the facts given the contents of the EU's special representative's report that they had a duty to take under consideration," he told The Intercept. "The world now knows that they knew they were in breach of international law because they were explicitly told so by the EU's own special representative on human rights. History will judge them harshly. And perhaps so will the ICC."

The EU report also drew attention to economic interests tied to the EU-"Israel" Association Agreement, which facilitated €46.8 billion in trade in 2022. Although Spain and Ireland requested a review of whether "Israel's" actions breached human rights clauses in the agreement, European Commission President Ursula von der Leyen declined to act.

Read more: ICC warrants expose 'Israel' and US defenders: WashPo

Legal experts and humanitarian groups have criticized EU member states for their continued arms sales to "Israel" despite the report's findings. Agnès Bertrand-Sanz, a humanitarian expert with Oxfam, called it "a blatant case of criminal collusion." She added, "Even when their own services presented them with the facts, they refused to act."

The report's conclusions also warned that indiscriminate attacks on Gaza, including targeting hospitals, could amount to crimes against humanity. It called on "Israel" to adhere to its responsibilities as an occupying power to ensure the safety and health of civilians under its control. However, as Diana Buttu, a former Palestinian negotiator, noted, "It was a question of whether the politics would match with the law, and unfortunately, they did not."