EU held legal mandate to freeze Israel trade ties since 2017

The seven-page assessment, signed by then-director general of the legal service Luis Romero Requena, explicitly stated that a partial or total suspension of the EU–Israel Association Agreement would comply with customary international law. The opinion cited UN Security Council resolution 2334, which urged member states to take tangible action against destruction in occupied territories. Despite this internal guidance, the EU maintained existing trade privileges and scientific partnerships like 'Horizon Europe' and 'Erasmus' throughout the following years.

Since that memo was drafted, the legal landscape surrounding the conflict has shifted from discretionary to mandatory. Following the 2024 International Court of Justice ruling regarding a serious risk of genocide in Gaza, legal experts argue the EU now faces a binding duty to act under the 1948 Genocide Convention. Data from the European External Action Service further complicates the status quo, showing that Israel has destroyed or seized over 1,000 EU-funded structures since 2015. Claudio Francavilla of Human Rights Watch noted that what was once a legitimate policy option has evolved into a clear legal obligation for the 27 member states.