For decades, Article 2 of the EU-Israel Association Agreement was a ghost in the machine of their relationship—a clause affirming a commitment to human rights that was widely known but never acted upon. The European Commission’s proposal to use it as a basis for sanctions has brought this long-dormant clause dramatically to life.
The article stipulates that the relationship between the EU and Israel is “based on respect for human rights and democratic principles.” For years, activists and some politicians have pointed to this clause, arguing it provided a legal basis to penalize Israel for its policies in the Palestinian territories. These calls were consistently dismissed by the EU establishment as legally complex and politically unwise.
The 23-month Gaza war has changed this calculus. The sheer scale of the conflict and a formal EU diplomatic review concluding that Israel was in breach have given political actors the justification they needed to finally activate the clause. The ghost has become a legal weapon.
This sets a hugely significant precedent. It signals that the human rights clauses in all of the EU’s international trade agreements are not merely symbolic. Other countries with similar agreements and questionable human rights records will be taking note, from Egypt to Vietnam. The EU has shown that it is willing, under certain circumstances, to weaponize these clauses.
The activation of Article 2 represents a fundamental shift in how the EU conducts its foreign policy, moving from a primarily economic and trade-based approach to one where values and legal commitments can have direct and severe economic consequences.