In times of conflict, such as in the escalating hostilities in the Middle East, governments committed to international law need to be prepared to defend it and in particular protect humanitarian and human rights norms. However, instead of rising to this challenge some European leaders have chosen to belittle the role of international law.
For example, referencing the United States and Israel airstrikes on Iran, German chancellor Merz claimed that “[c]ategorizing the events under international law will have relatively little effect” and would be “inconsequential”. Similarly, Dutch Foreign Minister Berendsen suggested that “international law is not the only framework.” The unseemly haste with which both leaders sidelined or downgraded the relevance of international law should deeply trouble those who understand that human rights are best protected – in and out of conflict – when rule of law, including international law, is strong and respected.
So should the one-sided focus of the EU’s statement on the hostilities issued the day after airstrikes began. While calling in general for “protection of civilians”, “full respect of international law”, and “international humanitarian law”, the EU only called on Iran to “refrain from indiscriminate military strikes”, as well as condemning “Iran’s attacks and violation of sovereignty of a number of countries in the region”. The lack of direct calls to the US or Israel to respect international laws on the conduct of war is all the more deafening when some US officials appear to openly ridicule them.
While EU states are appropriately prepared to speak out over Iran’s atrocious rights record and the potential impact of Tehran’s retaliatory strikes on civilians, it does not justify them turning a blind eye and biting their tongues when it comes to what they expect from allies.
At times of uncertainty, governments that are committed to human rights and international humanitarian law need to walk the talk. Unfortunately, Europe’s initial response has been characterized by double standards, and hypocrisy. European leaders should urgently rise to the moment and make clear that they will expect the United States and Israel to uphold international human rights and humanitarian law and will hold them to it on an equal basis that it will other parties.
