Lawyers take EU Commission, Council, to court over ‘failure to act on Gaza genocide’

A group of lawyers has taken the EU Commission and Council to court over their "failure to act on the Gaza genocide," citing their prolonged inaction despite significant violations of international law in Gaza and the occupied West Bank.

The international lawyers, from the Association of Jurists for the Respect of International Law (JURDI), filed the legal action in Luxembourg at the Court of Justice of the EU (CJEU).

The lawyers called on the CJEU to officially acknowledge the EU’s failure to force its institutions to suspend cooperation with Israel, fulfil their duty of prevention, and impose sanctions.

JURDI lawyers on Thursday filed an "action for failure to act" under Article 265 of the Treaty on the Functioning of the European Union, which allows individuals or groups to challenge EU institutions for not carrying out their legal obligations.

The Franco-Belgian lawyers highlighted that one of the main issues was continued arms exports to Israel, which they said is a breach of the Arms Trade Treaty and the EU’s own Common Position 2008/944/CFSP, which prohibit such transfers.

EU institutions have legal obligations, which include preventing genocide as soon as there is a plausible risk, ending obstructions to Palestinians’ right to self-determination, and refraining from recognising or assisting with unlawful situations.

The legal action marks the first time in the EU’s history that both the Commission and Council are facing legal proceedings for inaction over alleged international war crimes.

The lawyers took action after a letter of notice was sent to both institutions earlier this year, and later announced that no response was given to the legal notice.

Acknowledging failures

Patrick Zahnd, the president of JURDI, said the legal action "will invite those receiving the notice to take action or to answer such request, and we've received no such answers, and we've witnessed no such sanctions".

"The main message is simple: to note the absence or the failure of both European institutions, the European Commission and the Council, to act in obligations in regard to international law," he continued.

Zahnd went on to highlight that EU institutions are potentially complicit as they continue to provide financial support and cooperate with organisations and states that could indirectly be taking part in violations in the occupied Palestinian territories.

He stressed that the EU bloc has economic, military, and scientific cooperation links with Israel, despite their founding principles clearly stating that they should respect international laws and human dignity.

The latest development comes as Michael Farrell, a human rights lawyer, announced he is stepping down from the European Commission against Racism and Intolerance (ECRI) after 14 years due to the organisation's refusal to demand an immediate ceasefire in Gaza and to support urgent aid efforts.

He told Irish media that he tried to raise the topic several times during meetings, and was able to propose a formal motion in early July, but it was rejected due to being outside the group’s mandate.

Farrell stated that the ECRI should be concerned with the matter as its role is to monitor whether European states comply with human rights standards.

He also pointed out that several major Council of Europe member states are supplying weapons to Israel, which are being used in genocidal attacks on Gaza.

"I felt I could not continue to take part in criticizing states for failing to observe domestic human rights if I could not comment on the appalling attacks in Gaza, which are made possible by weapons supplied by other Council of Europe states," he said.

Several EU states have declared Israel’s war on Gaza, which has killed over 61,700 Palestinians since October 2023, a genocide, including Ireland, Spain, and Slovenia.