EU stresses international law after confused response to Israel-Hamas conflict

European Union leaders have issued a joint statement calling for respect for international law and are to hold an emergency meeting in a bid to take control of a bungled response to the conflict between Israel and Hamas.

It follows criticism of the European Commission for issuing a series of clashing statements regarding Palestinian aid and a trip to Tel Aviv by commission president Ursula von der Leyen on Friday in which she controversially expressed unqualified support for Israel’s military response to the attack by Hamas.

This led to accusations that she had exceeded her powers because she was not reflecting the consensus view of the member states – the European Council – and under EU treaties the commission does not have the power to set foreign policy.

“It is of utmost importance that the European Council, in line with the Treaties and our values, sets our common position and establishes a clear unified course of action that reflects the complexity of the unfolding situation,” the head of the European Council, Charles Michel, wrote to national leaders, inviting them to meet on Tuesday to determine a common response.

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[ Von der Leyen’s approach to Israel-Hamas conflict thoughtless and reckless, says Higgins ]

The member states also hastily negotiated a joint statement that stressed the importance of observing international law.

“We strongly emphasise Israel’s right to defend itself in line with humanitarian and international law in the face of such violent and indiscriminate attacks,” it read.

“We reiterate the importance to ensure the protection of all civilians at all times in line with International Humanitarian Law.”

Two EU officials told The Irish Times there are concerns about the safety of EU citizens and diplomats in the region because Dr von der Leyen’s statements had appeared to be an unqualified endorsement of Israel’s response to the Hamas attack.

Up to 1,000 EU citizens are estimated to be in Gaza, about 40 Irish people among them, and some hostages taken by Hamas in its brutal raid earlier this month are also thought to have European citizenship.

[ Von der Leyen does not speak for EU on Israel-Hamas conflict, foreign policy chief says ]

“We expect for the commission to respect the treaties, and that’s why member states have called a council,” one of the officials said, adding that Dr von der Leyen had expressed a “personal” position as though it were that of the EU. “The Middle East is not a playground for ego.”

Another official said that the EU’s diplomatic efforts to try to garner support for Ukraine among the developing world had been damaged by the appearance of being inconsistent on the application of international law.

“We have spent the last two years reaching out to the south, for co-ordination on the response to Russia’s war of aggression,” the official said. “We risk now losing the south ... It’s very damaging.”

The EU leaders are also set to discuss diplomatic outreach to regional powers to try to avoid a wider conflict, and the potential for a new refugee crisis in Europe as Palestinians try to seek safety.

In the wake of the brutal Hamas attack, Dr von der Leyen expressed unqualified support for Israel, even as misgivings grew among member states and the United Nations (UN) about the civilian toll of its response.

In a visit to Tel Aviv on Friday that was not co-ordinated with member states, Dr von der Leyen met Israeli prime minister Binyamin Netanyahu and expressed the EU’s support without mentioning the mass evacuation order of Gaza, the cut-off food, water and electricity supplies, or the need to respect international law.

[ As von der Leyen visits Israel, is the European Commission overstretching its powers? ]

Public criticism followed.

“Yes, Israel has the right to defend itself against bloodthirsty terrorists. You forget an important message: Israel must respect international humanitarian law,” the head of the European Parliament’s security and defence committee, Nathalie Loiseau, wrote in a public message to Dr von der Leyen on Saturday.

“I do not understand what the President of the Commission has to do with the foreign policy of the EU, for which she is not responsible,” she added.

Amid the mounting criticism, Dr von der Leyen announced the EU would triple its humanitarian aid to Gaza and the surrounding region and on Sunday said Israel had the right to defend itself “in line with international and humanitarian law” – her first such qualification.

A spokesman for the European Commission said that the visit to Israel was “entirely in her prerogatives”.

“The president can travel wherever she wants,” the spokesman said. “She has done so before, she will continue to do it.”