EU Officials Will Claim Ignorance of Israel’s War Crimes. This Leaked Document Shows What They Knew.
The internal EU document may strip European foreign ministers of “plausible deniability” in Israeli war crimes in Gaza, experts said.
European Union foreign ministers rebuffed a call to end arms sales to Israel last month, despite mounting evidence of war crimes — and, potentially, genocide — presented to them in an internal assessment obtained by The Intercept.
The contents of the previously unknown 35-page assessment could sway future war crimes trials of EU politicians for complicity in Israel’s assault against Gaza, according to lawyers, experts, and political leaders.
The appraisal was written by the EU’s special representative for human rights Olof Skoog and sent to EU ministers ahead of a council meeting on November 18, as part of a proposal by the head of the EU’s foreign policy to suspend political dialogue with Israel. The proposal was rejected by the council of foreign ministers from EU member states.
Skoog’s analysis laid out evidence from United Nations sources of war crimes by Israel, Hamas, and Hezbollah since October 7, 2023, when around 1,200 people were killed during a Hamas-led attack that prompted Israel’s assault on the Gaza Strip. The U.N. estimates some 45,000 people have died in Gaza since, with more than half estimated to be women and children.
“History will judge them harshly. And perhaps so will the ICC.”
Though the assessment did not spare Hamas and Hezbollah, much of its strongest language was reserved for the Israel Defense Forces.
“War has rules,” the paper says. “Given the high level of civilian casualties and human suffering, allegations focus mainly on how duty bearers, including the Israeli Defence Forces (IDF), 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” — international humanitarian law.
Most Read
Patagonia’s Ties to a Dark-Money Operation Bankrolling Democratic Candidates
Matt Sledge
“And I Was Surprised”: On Federal Death Row, They Feared Biden Would Set Up Another Trump Killing Spree
Liliana Segura
In Waning Senate Days, Kyrsten Sinema Screwed Workers and Spent Campaign Cash on Stay at French Castle
Matt Sledge
Skoog cites an increased use of “dehumanizing language” by Israeli political and military leaders, which may “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,” the paper says.
The implications for senior officials from arms-exporting countries to Israel — such as Germany, Italy and France — were not lost on Yanis Varoufakis, the former Greek finance minister and secretary-general of the Democracy in Europe Movement 2025.
https://theintercept.com/2024/12/23/eu-report-israel-war-crimes-complicity/