Leaked Document Reveals EU Officials’ Knowledge of Israeli War Crimes in Gaza

A report published by The Intercept journalist Arthur Neslen has unveiled a classified European Union document that could strip EU foreign ministers of their “plausible deniability” regarding knowledge of Israeli war crimes in Gaza, according to legal and political experts.

Despite mounting evidence of war crimes—and possibly genocide—presented in the internal 35-page assessment obtained by The Intercept, EU foreign ministers last month rejected calls to end arms sales to Israel.

A Bombshell Assessment

The assessment, authored by Olof Skoog, the EU’s Special Representative for Human Rights, was circulated to EU foreign ministers ahead of a November 18th council meeting. It included a proposal by the EU’s foreign policy chief to suspend political dialogue with Israel, a recommendation ultimately rejected by the EU ministers.

Skoog’s analysis cited evidence from UN sources regarding war crimes committed by Israel, Hamas, and Hezbollah since October 7, 2023. The UN estimates approximately 45,000 deaths in Gaza during this period, with more than half being women and children.

While the report acknowledged violations by Hamas and Hezbollah, its strongest condemnation was directed at Israeli forces.

The internal document stated:

“There are rules to war. Given the high level of civilian casualties and humanitarian suffering, allegations focus on how responsible parties, including the Israel Defense Forces (IDF), appear to have failed to distinguish between civilians and combatants or take all feasible precautions to protect civilians and civilian objects from the effects of attacks, violating fundamental principles of international humanitarian law.”

Skoog also flagged the dehumanizing language used by Israeli political and military leaders against Palestinians, which he argued could help “demonstrate intent” for genocide.

The report added:

“Incitement to discrimination, hostility, or violence—such as 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 Implications for EU Politicians

Former Greek Finance Minister and Secretary-General of the Democracy in Europe Movement 2025, Yanis Varoufakis, highlighted the consequences for top EU officials, especially those from countries exporting arms to Israel, such as Germany, Italy, and France.

Speaking to The Intercept, Varoufakis stated:

“If the International Criminal Court finds Israeli officials guilty of war crimes, the circulation of this report among EU ministers is crucial. Europeans cannot credibly claim ignorance of the facts presented in the EU Special Representative’s report. History will judge them harshly—and the ICC might do the same.”

Roots of the Report

The report stemmed from a February request by Spain and Ireland to evaluate whether Israel’s war in Gaza violated the human rights provisions of the EU-Israel Association Agreement, a deal facilitating €46.8 billion in trade in 2022.

If violations had been confirmed, suspending the agreement could have been tabled. However, European Commission President Ursula von der Leyen, known for her pro-Israel stance, refused to act.

Skoog’s initial findings were submitted in July, with the updated November assessment obtained by The Intercept.

Key Findings from the Report

The report made the following key observations:

1. Random and Indiscriminate Attacks:
  
  The death toll in Gaza, aligned with the demographic breakdown of its civilian population, indicates “random and indiscriminate” attacks that could qualify as war crimes.

1. Hospital Strikes:
  
  Skoog refuted Israel’s defense for targeting hospitals, stating that deliberate targeting of hospitals could amount to war crimes, irrespective of any alleged Hamas presence.

1. Civilian Protections:
  
  Under international law, Israel has the right to self-defense but must adhere to proportionality. As an occupying power, it is also obligated to safeguard the lives and health of those under its occupation.

1. Weapon Exports:
  
  Skoog recommended EU states deny arms export licenses if there is a clear risk of such technology being used to commit severe violations of international law.

Reactions from Activists and Experts

Diana Buttu, former legal advisor to the Palestinian Authority, called the EU’s rejection of the report’s recommendations a political failure:

“Legally, we know where the dominoes should fall. The question was whether politics would align with the law, and sadly, it did not.”

Tayyib Ali, a partner at UK law firm Bindmans, warned that EU politicians could face complicity charges if Israel is proven guilty of war crimes:

“Economic interests cannot justify complicity in war crimes. It’s astonishing that countries like France and Germany might even consider shielding war criminals like Netanyahu or Gallant after the contents of this report.”

Agnes Bertrand-Sanz, a humanitarian expert with Oxfam, stated:

“This report strengthens the case that EU governments are complicit in Israel’s crimes in Gaza. Even when presented with the facts, they refused to act. Those who continue exporting arms to Israel despite the report’s clear warnings are guilty of blatant criminal complicity.”

A Moral and Legal Reckoning

The leaked report exposes the EU’s complicity in Israel’s actions in Gaza and raises troubling questions about the intersection of human rights, international law, and political expediency. As the ICC monitors these developments, the world watches to see whether accountability will prevail over politics.

This document not only indicts the EU’s inaction but also reinforces calls for justice for the thousands of victims in Gaza.

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