DaysofPal- The Euro-Med Human Rights Monitor has warned that making the reconstruction of the Gaza Strip conditional on disarmament effectively legitimizes the continuation of Israeli genocide against Palestinians and constitutes a serious breach of peremptory norms of international law.
In a statement issued Thursday, the rights organization said linking reconstruction to disarmament disregards the scale of destruction inflicted on Gaza’s civilian population and infrastructure, while turning the right to recovery and rebuilding into a form of political coercion.
The group said such conditions violate Israeli obligations as an occupying power under international humanitarian law, particularly the Geneva Conventions, which require the protection of civilians and the provision of basic needs without preconditions.
Euro-Med Monitor specifically criticized statements by EU High Representative for Foreign Affairs and Security Policy Kaja Kallas, who linked Gaza’s reconstruction to the disarmament of Hamas.
The organization said this position undermines the European Union’s legal duty to prevent genocide and risks legitimizing its continuation by tying civilians’ survival to political and security demands.
According to the statement, Kallas reiterated on January 29 and February 2 that reconstruction efforts would depend on disarmament, despite Gaza having been almost destroyed since October 2023.
The group said such statements effectively condition the population’s right to rebuild and to live on requirements unrelated to the EU’s obligations under international law.
The rights monitor warned that these positions reflect the systematic European complicity in Israel’s military campaign, citing political, economic, military, and security support, as well as the failure to impose accountability measures despite extensive documentation of violations.
It added that several EU member states continue to export weapons and military equipment that have reportedly been used in attacks on Palestinian civilians, potentially exposing those states to legal responsibility for contributing to violations of international law.
Euro-Med Monitor said preventing or delaying reconstruction in a territory that has suffered near-total destruction falls under Article II(c) of the 1948 Genocide Convention, which prohibits the deliberate imposition of living conditions intended to bring about the physical destruction of a group, in whole or in part.
The organization emphasized that the prohibition of genocide is a non-derogable rule of international law, meaning it cannot be suspended under any circumstances. As such, it said, linking reconstruction to political or security conditions, including disarmament, has no legal validity.
The statement also warned that conditioning reconstruction on political objectives constitutes collective punishment, which is prohibited under Article 33 of the Fourth Geneva Convention. Such policies, it said, violate fundamental principles of international humanitarian law by punishing civilians for actions they did not commit.
Euro-Med Monitor cautioned that withholding reconstruction funds, restricting building materials, blocking financial transfers, or obstructing UN mechanisms could amount to aiding and abetting genocide by sustaining life-threatening conditions in Gaza.
Lima Bustami, Director of the Legal Department at Euro-Med Monitor, said the EU should have used its political leverage against the Israeli occupation, including suspending the EU-Israel Association Agreement and conditioning cooperation on compliance with International Court of Justice rulings, an end to the genocide, and the immediate start of reconstruction and reparations.
Instead, she said, Israel has effectively been given veto power over rebuilding what its military destroyed, while Palestinian civilians are punished a second time by being denied the right to rebuild their lives.
The organization called on Kallas to retract her statements. It urged international actors, particularly the EU, to impose economic and diplomatic sanctions on Israel, enforce a comprehensive arms embargo, and ensure accountability for serious violations.
Euro-Med Monitor stressed that humanitarian relief and reconstruction must be fully separated from political and security negotiations, describing reconstruction as a non-negotiable legal right rather than a bargaining tool.
It concluded by calling for the immediate lifting of the siege on Gaza and unrestricted access for reconstruction materials, describing this as both a legal obligation and an urgent humanitarian necessity.
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