A confidential 2024 European Union report, now fully leaked and published in its entirety by EUobserver, has significantly intensified scrutiny on both "Israel" and the EU. The internal document exposes extensive violations of international humanitarian law committed by "Israel" in Gaza and may further complicate EU leaders’ efforts to justify the continuation of "Israel’s" preferential trade status under the EU-"Israel" association agreement, an accord that facilitates the export of approximately €15 billion worth of goods annually.

Originally commissioned by then-EU foreign affairs chief Josep Borrell, the report was prepared by the EU’s human rights unit and had, until now, only been partially cited in select media outlets. In its full release, EUobserver reveals that the report accuses "Israel" of the mass killing of civilians, including women and children, as well as the intentional use of starvation as a weapon of war, acts which it states may constitute atrocity crimes under international humanitarian law.

While the report emphasizes that it includes “no value judgment by … the EU,” it refers to findings from key international bodies such as the UN High Commissioner for Human Rights (OHCHR) and the International Court of Justice (ICJ). It states unequivocally that "Israel" is in violation of fundamental principles of international humanitarian law.

Human Rights Watch’s Claudio Francavilla commented, “The evidence is so overwhelming the EU would make a joke of itself if it were to say Israel was in compliance with article 2 or with the laws of war.” He warned that ignoring these findings would undermine the UN system and the authority of international legal institutions.

EU institutions under scrutiny ahead of trade review

The EU Commission and the EU foreign service are currently conducting a formal review of the EU-"Israel" trade agreement under Article 2 of the pact, which mandates adherence to human rights and democratic principles. The review is due to conclude by 23 June, just before the last EU Foreign Affairs Council meeting ahead of the summer break.

Despite rising calls for action, a full suspension of the EU-"Israel" trade agreement remains unlikely. Approval would require unanimous support from all EU member states, an outcome complicated by strong opposition from countries like Hungary.

Civil society groups and member states, such as Ireland and Spain, have repeatedly urged the suspension of the agreement. Yet, the European Commission under President Ursula von der Leyen has consistently avoided confronting "Israel" directly, leading to concerns that the review's findings may be diluted.

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Only a minority of Members of the European Parliament have formally supported suspension. The EU foreign service has declined to clarify whether the review’s findings will be made public, stating only, “No comment on the process.”

Legal, political implications under Article 2

Beyond Gaza, the report references "Israel’s" actions in the occupied West Bank, Lebanon, and Syria, all relevant to the EU’s legal obligations under Article 2. Experts stress that the EU risks violating its own treaty principles by failing to respond to documented human rights violations.

H.A. Hellyer of the Royal United Services Institute emphasized, “The [leaked] document makes it abundantly clear that the EU recognised quite some time ago that abuses were taking place, and yet avoided taking actions that are mandated by its own rules.”

Since the report's completion in November 2024, "Israel's" violations have escalated. On May 16, 2025, UN human rights chief Volker Turk described the ongoing situation as “ethnic cleansing". A separate UN Commission of Inquiry declared on March 13 that "Israel" was responsible for “the crime against humanity of extermination,” as well as gender-based violence against Palestinian women and children, acts it concluded amounted to torture or inhuman treatment.

These allegations have compounded pressure on EU institutions to take a clear stance in line with their declared commitment to human rights.

Suspension requires qualified majority

Suspending only the trade elements of the agreement would require a qualified majority, an option that could cost "Israel" around €1 billion annually, according to civil society estimates. For this to pass, key member states like Germany or Italy would need to shift their position. As of now, neither country has joined the 17 EU states that called for the Article 2 review on May 20.

'Sanctions-free diplomacy' failed to achieve change

Observers warn that the EU’s global standing is at stake. Francavilla noted that 20 months of "sanctions-free diplomacy" have failed to achieve change. “Israel has done exactly the opposite” of what international institutions have demanded, he said.

Experts also caution that if "Israel" increases humanitarian access just before the June 23 deadline, EU leadership might use that gesture to justify inaction, a scenario that Francavilla called a “nightmare” and a profound demonstration of “political stupidity".

Hellyer echoed that sentiment, warning such a move would deal “substantial damage to the EU's credibility worldwide on issues of human rights.”

Hugh Lovatt of the European Council on Foreign Relations added that internal EU discussions suggest the Commission may delay the decision, effectively leaving it to member states. He observed that while Germany is historically reluctant to criticize "Israel", domestic dissent is growing. “The more Israel’s destruction of Gaza continues,” he said, “the more likely it is Berlin and Rome will support, or at least not oppose, meaningful EU action.”

Read more: European public support for 'Israel' reaches record-low: YouGov