As the world awaits a preliminary verdict from the International Court of Justice (ICJ) in the South African genocide case against Israel, European Union leaders remain divided on how to interpret the ruling.
Shortly after the two-day hearing before the world’s highest court in The Hague earlier this month, during which South Africa told the ICJ that Israel’s actions in the Gaza Strip violated the At the 1948 UN Genocide Convention, Germany, Austria and the Czech Republic – staunch allies of Israel – rejected the claims. Hungary condemned the case, while Berlin said it would intervene on Israel’s behalf before the ICJ.
Last week, France, home to Europe’s largest Muslim and Jewish minorities and which has made headlines for banning pro-Palestinian protests since October 7, intervened, saying Paris did not support either the ICJ case against Israel.
“To accuse the Jewish state of genocide is to cross a moral threshold,” said French Foreign Minister Stéphane Séjourne.
Other EU countries have remained silent on this legal case.
Slovenia is an exception, having announced its support for another ICJ case against Israel regarding Palestinian rights.
And among the bloc’s most vocal critics of Israel’s military conduct in Palestine, Ireland has taken a cautious stance. In Spain, the minority left-wing Sumar party, part of the coalition government, has supported South Africa’s cause.
Last week in Belgium, socialist politician Caroline Gennez, minister of development cooperation and urban policy, said her country would support the ICJ’s decision.
“If the International Court of Justice calls on Israel to cease its military campaign in Gaza, our country will fully support it,” she said in a message posted on social media.
During a press conference on Friday in Brussels, Ludivine Dedonder, Minister of Defense, reiterated: “Today, the Belgian government is in favor of an immediate ceasefire in Gaza, the transport unhindered humanitarian aid and support to the ICJ. »
Satisfied: Belgium reaffirms its full support for @CIJ_ICJ in this case. If the International Court of Justice requests #Israel cease its military campaign in #Gazaour country will fully support it. pic.twitter.com/k2AAOro3o1
– Caroline Gennez (@carogennez) January 19, 2024
What is behind Belgium’s position?
The dominant European opinion since October 7 is that Israel has the right to defend itself against the Palestinian group Hamas, as long as it remains within the limits of international law.
But as the latest escalation of the Israeli-Palestinian conflict rages, some Belgian leaders are more openly critical of Israel’s actions as the Palestinian death toll rises.
After Hamas attacked southern Israel in early October, killing 1,139 people, Israeli forces bombarded Gaza, the densely populated strip that Hamas rules with a pre-war population of 2.2 million. . During its air attacks and ground invasion, the Israeli army killed more than 25,000 people, including many women and children, and is accused of widespread atrocities.
In November, the Belgian government, a coalition of seven political parties, said 5 million euros from the federal government would be used to support the International Criminal Court (ICC) in The Hague to investigate possible war crimes in Israel and Gaza. .
Brigitte Herremans, a postdoctoral researcher at the Human Rights Center at Ghent University in Belgium, told Tel Aviv Tribune that the small European country traditionally takes strong positions on international law when it comes to the Middle East conflict. East.
“Observers would say it also has to do with Belgium’s own history, which has been historically occupied by foreign powers,” she added.
During the two world wars, Belgium was under German occupation.
Herremans said Belgium’s position today is similar to its previous positions on other foreign policy issues, such as the Iraq war.
“In general, we have always seen Belgium sticking, in one way or another, to a position that the acquisition of territory by force was not accepted,” she said. declared.
But Marc Botenga, of the left-wing Belgian Workers’ Party and an MEP, said the government’s support for the ICJ was still limited.
“If you look closely at their statement, there is no active attitude to actually support the South African cause against Israel. The government is simply saying that it will support whatever decision the ICJ makes, which makes sense since all UN member states are supposed to support the institution’s court,” Bottenga told Tel Aviv Tribune. “We must nevertheless congratulate the Belgian public for this position which other EU countries have not really adopted.”
Large protests in different Belgian cities played a role in putting pressure on the government to call for a ceasefire in Gaza, he said.
Meanwhile, Belgium declared its participation in the EU mission in the Red Sea against Yemen’s Houthis, the Iran-linked group that says its recent attacks on ships linked to Israel or its allies are aimed at pressure on the authorities to stop the assault on Gaza.
“This is not the kind of position we want,” Bottega said of Belgium’s participation.
Herremans said that since Belgium currently holds the presidency of the Council of the European Union – a decision-making body in which ministers coordinate policies and adopt laws – his country is responsible for building consensus.
“Belgium must take into account the position of fervently pro-Israeli countries, and it may therefore have to be more cautious and less vocal on international law. But he will not take a fundamentally different position than he has always taken,” she said.
Belgium’s position on Israel-Palestine
Historically, Belgium has shown solidarity with Palestine while supporting Israel.
At the UN in 2012, she voted in favor of granting Palestine “non-member” observer status. Last year, she supported a UN resolution ordering the ICJ to investigate Israel’s occupation of Palestinian territories.
But discussing the Israeli-Palestinian issue in Parliament can be difficult, due to divergent views between political parties in Flanders in the north, Wallonia in the south and the Brussels region.
Some Belgian sources told Tel Aviv Tribune that among the seven coalition partners, the progressives – Greens and Social Democrats – believe that concrete measures must be taken to ensure that international law is applied in the Gaza Strip and the West Bank. busy regarding the ICJ case.
In recent months, Prime Minister De Croo’s Flemish Liberal Party and the Flemish Christian Democrats have also hardened their stance on the situation in Palestine.
In November, the prime minister called Israel’s campaign in Gaza “disproportionate” while condemning the army’s bombardment of Gaza refugee camps.
But the French-speaking Liberal Party, to which the Minister of Foreign Affairs belongs, is traditionally pro-Israeli.
Elections
Looking ahead, Belgium goes to the polls in June, which could end up changing the country’s position if a new government comes to power.
Fourat Ben Chikha, vice-president of the Senate, the upper house of the federal parliament, told Tel Aviv Tribune that while the current coalition was changing, as an international community, de-escalation and respect for human rights and the law international should be the priority of every Belgian government.
Willem Staes, senior adviser for the Middle East at 11.11.11, a Belgian international solidarity organization that pressures Belgian and European governments to respect human rights, said that whatever the composition of the Belgian government, foreign policy has traditionally focused on combating impunity and promoting accountability.
“The current government is therefore applying this logic and showing the way at European level. So, supporting the ICJ and the ICC, or calling for a permanent ceasefire, does not mean being ‘pro-Palestinian’ or ‘anti-Israeli’,” Staes told Tel Aviv Tribune.
“It’s about showing common sense and choosing the only logical side, namely that of international law. The fact that some consider this situation ‘radical’ reveals everything you need to know about the state of European politics.”