Israel is not meeting its human rights obligations under the EU-Israel trade agreement. That’s the opinion of the EU’s foreign affairs chief.

It is the first time he has been so publicly categorical on the issue.

Speaking on a visit to Jordan today, Josep Borrell said that in his opinion the evidence compiled in the EU’s dosier led him to conclude “Israel was not fulfilling their obligations”.

Earlier this month, Borrell demanded EU foreign affairs ministers consider the possibility that Israel was in breach on the agreement.

Israel’s close supporters were angered that the EU’s High Representative for Foreign Affairs had put the issue on the agenda.

The Dutch Foreign Minister, Caspar Veldkamp, accused Borrell of making a “180 degree turn” on the issue.

Other governments – led by Ireland and Spain, the two member states which originally raised concerns months ago – were less supportive of Israel, in light of civilian casualties in Gaza, the West Bank and Lebanon.

But there was no unanimity amongst EU ministers so the human rights clause was not invoked.

Now Josep Borrell has spoken publicly about exactly what happened that led him to conclude that Israel – in his assessment – is in breach of the agreement.

“Two member of the European Union asked the Commission, and to myself as High Representative, to study if the behaviour of the Israeli government in fighting against Hamas and causing this great number of civilian casualties was in accordance with the obligation of Israel from our Association Council. Because the Association Council not only an economic tool, it creates obligation from the point of view of international law and respect of international law by both parts.

So these member States asked me and the Commission to study it. So we presented a whole record of everything that has been happening. And the witnesses and testimonies of international organisations, start[ing] by United Nations organisations, analysing what has been happening since the terrorist attack of Hamas against Israel Kibbutz in Gaza and in the West Bank. And lately in Lebanon.

I presented this report and I considered that according with these facts, Israel was not fulfilling their obligations according to their Association Council. This was my assessment. This assessment was not approved by the Council.”

Separately, Josep Borrell also welcomed the decision of the International Criminal Court to issue arrest warrants for Israel’s Prime Minister Netanyahu, the former Minister of Defence, Yoav Gallant and Hamas commander, Mohammed Deif.

“It is not a political decision. It is the decision of a court…”

“This is is a binding decision on all states, all state parties of the court, which include all members of the European Union, are binding to implement this court decision.”