As the world awaits a preliminary ruling from the International Court of Justice (ICJ) on South Africa’s genocide case against Israel, European Union leaders remain divided over how to interpret the ruling.
Earlier this month, two days of hearings were held at the world’s highest court in The Hague, shortly after South Africa testified to the ICJ that Israel’s actions in the Gaza Strip violated the 1948 United Nations Genocide Convention. Loyal allies of Germany, Austria, and the Czech Republic – Israel – rejected these claims. Hungary condemned the incident and Berlin declared it would intervene at the ICJ on Israel’s behalf.
Last week, neither France, home to Europe’s largest Muslim and Jewish minorities and which has made headlines for banning pro-Palestinian protests since October 7, also endorsed the ICJ case against Israel. He agreed with this statement.
French Foreign Minister Stéphane Séjourne said: “Accusing the Jewish state of genocide is beyond moral bounds.”
Other EU countries have remained silent about the lawsuit.
Slovenia is an exception, having expressed support for a separate ICJ case against Israel regarding Palestinian rights.
And even among EU countries that have been more outspoken in criticizing Israel’s military actions in Palestine, Ireland has taken a cautious stance. In Spain, the left-wing Smar party, a minority in the coalition government, supported South Africa’s case.
In Belgium, socialist politician Caroline Genes, Minister of Development Cooperation and Urban Policy, said last week that her country supports the ICJ’s decision.
“If the International Court of Justice calls on Israel to cease military operations in Gaza, our country will fully support it,” he said in a social media post.
At a press conference in Brussels on Friday, Defense Minister Ludivine Dedonder said: “Today, the Belgian government is raising its voice in support of an immediate ceasefire in the Gaza Strip, the unhindered provision of humanitarian aid and support for the ICJ.” I repeated.
Satisfied: Belgium reaffirms its full support for: @CIJ_ICJ in this case.If requested by the International Court of Justice #Israel cancel military operations in #GazaJapan will provide full support. pic.twitter.com/k2AAAOro3o1
—Caroline Genez (@carogennez) January 19, 2024
What is behind Belgium’s position?
Since October 7, the prevailing view in Europe has been that Israel has the right to defend itself against the Palestinian organization Hamas, as long as it is within the bounds of international law.
But amid the recent escalation in the Israeli-Palestinian conflict, with the Palestinian death toll rising, some Belgian leaders have become more openly critical of Israel’s actions.
After Hamas attacked southern Israel in early October, killing 1,139 people, Israeli forces shelled the densely populated Gaza Strip, which is ruled by Hamas and had a pre-war population of 2.2 million. Israeli forces have killed more than 25,000 people, including many women and children, as part of air raids and ground invasions, and are accused of widespread brutality.
In November, the Belgian government, a seven-party coalition, announced that 5 million euros ($5.4 million) from the federal government would be transferred to the International Criminal Court (ICC) in The Hague, which is investigating possible war crimes in Israel and Gaza. It was announced that the funds would be used for support. .
Brigitte Herremans, a postdoctoral researcher at Belgium’s Ghent University Human Rights Center, told Al Jazeera that small European states have traditionally taken strong positions on international law regarding Middle East conflicts.
“Observers would say this also has something to do with Belgium’s own history of being historically occupied by foreign powers,” she added.
During both world wars, Belgium was occupied by Germany.
Mr. Herremans said that Belgium’s position today is similar to its previous position on other foreign affairs issues, such as the Iraq war.
“In general, we have always seen Belgium adhere in one way or another to the position that the acquisition of territory by force is unacceptable,” she said.
However, Marc Botenga, an EU lawmaker from the Belgian left-wing Labor Party, said government support for the ICJ remained limited.
“If you look closely at their statements, there is no active stance to actually support South Africa’s case against Israel. This is natural since all member states are supposed to support the ICJ court,” Bottenga told Al Jazeera. “But I have to commend the Belgian people for this stance, which other EU countries have not really taken.”
He said large-scale protests in various Belgian cities were serving to put pressure on the government to call for a ceasefire in Gaza.
Meanwhile, Belgium has declared its participation in the EU Red Sea mission against Yemen’s Houthis. The Houthis, an Iranian-linked group, say recent attacks on Israeli and allied ships are aimed at pressuring authorities to end their onslaught on Gaza.
“That’s not the stance we want,” Bottega said of Belgium’s participation.
Herremans said Belgium has a responsibility to build consensus because it currently holds the presidency of the Council of the European Union, a decision-making body where ministers coordinate policy and adopt legislation.
“Belgium has to take into account the position of staunchly pro-Israel countries, so [it] We may need to be more cautious and less vocal when it comes to international law. “But we are not taking a position that is radically different from our previous position,” she said.
Belgium’s position on Israel and Palestine
Historically, Belgium has shown solidarity with Palestine while supporting Israel.
In 2012, the United Nations voted in favor of giving Palestine “non-member” observer status. Last year, it supported a UN resolution ordering the ICJ to investigate Israel’s occupation of the Palestinian territories.
However, it can be difficult to debate the Israeli-Palestinian issue in parliament because of the divergent opinions among political parties in Flanders in the north, Wallonia in the south, and Brussels.
Some Belgian sources told Al Jazeera that the Progressives, Greens and Social Democrats of the seven coalition partners are committed to ensuring that international law applies in the Gaza Strip and occupied West Bank regarding the ICJ case. He believes it is necessary to take concrete measures to ensure that
In recent months, Prime Minister De Croo’s Flemish Freedom Party and the Flemish Christian Democratic Party have also tightened their stance on the situation in Palestine.
In November, the prime minister condemned military bombing of Gaza refugee camps and said Israel’s operations in Gaza were “disproportionate.”
However, the French-speaking Liberal Party, to which the foreign minister belongs, has traditionally been pro-Israel.
election
Looking ahead, Belgium is due to hold an opinion poll in June, and if a new government is formed, the country’s position may change.
Hoorat Ben Chika, deputy speaker of the Bundestag’s upper house, told Al Jazeera that even if the current coalition government changes, de-escalation and respect for human rights and international law remain a priority for each Belgian government as an international community. He said it should be done.
Willem Staith, senior Middle East advisor for 11.11.11, a Belgian international solidarity organization that urges Belgian and European governments to protect human rights, explains that regardless of the composition of the Belgian government, foreign policy has traditionally been a fight against impunity. He said he has focused on promoting responsibility.
“Consequently, the current government is applying this logic and taking the lead at EU level. Therefore, providing support to the ICJ or ICC, or calling for a permanent cease-fire, is not a ‘pro-Palestinian’ or ‘pro-Palestinian’ It’s not about being ‘anti-Israel’,” Stace told Al Jazeera.
“It is common sense and choosing the only logical side, the side of international law. It tells you everything you need to know. ”
