EU citizens suing to force sanctions on Israel

Question

I don't know many of the details but I have heard that in the past few years, some young EU citizens sued the EU (or governments in the EU) in order to force action on climate change. I think part of the rationale was that part of the EU's mandate is to provide a healthy environment for its citizens. Some news stories in May mentioned that EU Foreign Ministers were considering sanctioning Israel because of what the country had done to Gaza. I think one Foreign Minister said that the EU's main mandate is to ensure human rights, and that the Israeli government seems to be violating many human rights in Gaza. However, some more recent news articles have said that EU ministers probably won't sanction Israel. (https://www.euractiv.com/section/global-europe/news/limited-appetite-among-member-states-for-eu-trade-sanctions-on-israel/) Could EU citizens sue in order to force sanctions?

Answer 1

EU citizens have standing to sue over their own rights. Some courts have indeed decided that climate change could be construed as a violation of those rights, requiring the sued parties (national governments in the EU, not the EU itself) to take action against companies in those countries.

Your idea fails on multiple counts. EU citizens can't sue over the rights of others, and it's uncertain which EU right would be violated. Courts in the EU are unlikely to allow governments besides Israel to be sued, because those other governments aren't the violators, nor do those countries have jurisdiction over Israel (since that's a sovereign state). EU courts would not impose specific measures as part of a verdict. And EU trade sanctions would require suing the EU, since member states can't unilaterally impose such sanctions.

Also, as the comment notes, that would open the doors for citizens suing to achieve sanctions on many other countries. China would probably retaliate if that happened.

Answer 2

uk

Yes. There is currently ongoing litigation from the Global Legal Action Network and Palestinian human rights organisation Al-Haq relating to UK weapons exports to Israel. I think the relevant facts are:

Israel is currently unleashing the heaviest and most indiscriminate aerial bombardment Gaza has ever seen, killing civilians at a rate of hundreds per day. Israel has also ordered the forced displacement of over 1 million civilians from northern Gaza; the UN stated this transfer will have “devastating humanitarian consequences” and could amount to a crime against humanity of forcible transfer.

The UK has consistently approved sale of lethal weapons to the Israeli Defence Force and in recent days has promised major support for Israel’s decimation of Gaza. In addition to the £560 million in limited-value “standard” licences the UK has granted since 2015 alone, it has also granted 88 “open” licences which allow for unlimited quantities and value of exports. The kinds of items exported include components for the F35 stealth combat aircraft currently being used in the bombardment of Gaza, as well as body armour, military communications equipment, military electronic equipment, components for military radars and targeting equipment, naval vessel components, and much more.

Given that these items are all capable of being used in Israel’s actions against Palestinians, many of which are criminal acts under international law, there is plainly a “clear risk” under the Strategic Licensing Criteria, so the government should not be issuing these licences.