As the world awaits a preliminary ruling from the International Court of Justice (ICJ). The genocide case in South Africa against Israel, the heads of state and government of the European Union continue to disagree on how to interpret the decision.

Shortly after the two-day hearing at the world’s highest court earlier this month in The Hague, South Africa told When the International Court of Justice found that Israel’s actions in Gaza violated the 1948 United Nations Genocide Convention, Germany, Austria and the Czech Republic – staunch allies of Israel – rejected those claims. Hungary condemned the case, while Berlin said it would intervene on Israel’s behalf at the International Court of Justice.

Last week, France, home to Europe’s largest Muslim and Jewish minority and in the headlines since October 7 for banning pro-Palestinian protests, weighed in, saying Paris also did not support the ICJ case against Israel.

“Accusing the Jewish state of genocide means crossing a moral threshold,” said French Foreign Minister Stéphane Sejourne.

Other EU states remained silent about the legal proceedings.

An exception is Slovenia, which has announced its support for further ICJ proceedings against Israel regarding Palestinian rights.

And among the bloc’s more outspoken critics of Israel’s military behavior in Palestine, Ireland has taken a cautious stance. In Spain, the left-wing minority party Sumar in the coalition government supported the fall of South Africa.

Last week in Belgium, socialist politician Caroline Gennez, minister for development cooperation and urban policy, said the country would support the International Court of Justice’s decision.

“If the International Court of Justice calls on Israel to end its military operation in Gaza, our country will fully support it,” she said in a social media post.

At a press conference in Brussels on Friday, Defense Minister Ludivine Dedonder reiterated: “Today the Belgian government calls for an immediate ceasefire in Gaza, the unhindered delivery of humanitarian aid and support for the International Court of Justice.”

Satisfied: Belgium reiterates its full support for @CIJ_ICJ in this case. When the International Court of Justice calls #Israel to stop his campaign #GazaOur country will fully support it. pic.twitter.com/k2AAOro3o1

— Caroline Gennez (@carogennez) January 19, 2024

What is behind Belgium’s position?

The prevailing European view since October 7 has been that Israel has a right to self-defense against the Palestinian group Hamas as long as it remains within the limits of international law.

But as the latest escalation in the Israeli-Palestinian conflict rages on, some Belgian leaders are becoming more openly critical of Israel’s actions amid the rising Palestinian death toll.

After Hamas attacked southern Israel in early October, killing 1,139 people, Israeli forces bombed Gaza, the densely populated strip that Hamas rules with a prewar population of 2.2 million people. The Israeli army has killed more than 25,000 people, including many women and children, in airstrikes and as part of its ground invasion and is accused of widespread atrocities.

In November, the Belgian government, a coalition of seven political parties, announced that 5 million euros ($5.4 million) from the federal government would go to help the International Criminal Court (ICC) in The Hague investigate possible war crimes in Israel and Israel Gaza can be used.

Brigitte Herremans, a postdoctoral researcher at the Human Rights Center at Ghent University in Belgium, told Al Jazeera that the small European country has traditionally taken strong positions on international law when it comes to the Middle East conflict.

“Observers would say it also has to do with Belgium’s own history of historic occupation by foreign powers,” she added.

During both world wars, Belgium was under German occupation.

Herremans said Belgium’s stance today was similar to its previous positions on other foreign policy issues, such as the Iraq war.

“In general, we have always seen that Belgium somehow maintains the position that the acquisition of territory by force is not accepted,” she said.

But Marc Botenga of Belgium’s left-wing Workers’ Party and an EU lawmaker said the government’s support for the ICJ was still limited.

“If you look closely at their statement, you will not see an active stance that actually supports South Africa’s case against Israel. The government is simply saying that it will support any decision of the International Court of Justice, which is logical since all member states of the United Nations are supposed to support the institution’s court,” Bottenga told Al Jazeera. “However, we must praise the Belgian public for this stance, which other EU countries have not really taken.”

Large protests in various Belgian cities helped pressure the government to call for a ceasefire in Gaza, he said.

Meanwhile, Belgium has declared against its participation in the EU mission on the Red Sea Yemen’s Houthis, The Iran-linked group says its recent attacks on ships linked to Israel or its allies are aimed at pressuring officials to stop the attack on Gaza.

“This is not the attitude 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 where ministers coordinate policy and pass laws – his country was responsible for building consensus.

“Belgium must therefore take into account the position of staunch pro-Israel countries [it] Perhaps we need to be more careful and less vocal about international law. But it will not take a fundamentally different position than before,” she said.

Belgium’s position on Israel-Palestine

Historically, Belgium has shown solidarity towards Palestine and at the same time supported Israel.

At the United Nations in 2012, it voted to give Palestine “non-member” observer status. Last year it supported a UN resolution ordering the International Court of Justice to investigate Israel’s occupation of Palestinian territories.

However, discussing the Israeli-Palestinian issue in Parliament can be difficult due to the different views of political parties in Flanders in the north, Wallonia in the south and the Brussels region.

Some Belgian sources told Al Jazeera that of 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 occupied West Bank in view of the International Court of Justice case becomes.

In recent months, Prime Minister De Croo’s Flemish Liberal Party and the Flemish Christian Democrats have also toughened their stance on the situation in Palestine.

In NovemberThe prime minister described Israel’s campaign in Gaza as “disproportionate” and condemned the army’s bombing of refugee camps in Gaza.

But the French-speaking Liberal Party, to which the foreign minister belongs, is traditionally pro-Israel.

Choose

Looking ahead, Belgium is due to vote in June, which could lead to a change in the country’s stance if a new government comes to power.

Fourat Ben Chikha, vice-president of the Senate, the upper house of the federal parliament, told Al Jazeera that de-escalation and respect for human rights and international law as an international community should be a priority for any Belgian government, even if the current coalition changes.

Willem Staes, senior Middle East adviser at 11.11.11, a Belgian international solidarity organization that advocates for human rights with Belgian and European governments, said that regardless of the composition of the Belgian government, foreign policy has traditionally focused on the fight against impunity and the promoting accountability.

“The current government is consistently applying this logic and moving forward at EU level. “So supporting the International Court of Justice and the ICC or calling for a permanent ceasefire is not about being “pro-Palestinian” or “anti-Israel,” Staes told Al Jazeera.

“It’s about common sense and choosing the only logical side, which is the side of international law. The fact that this is seen by some as “radical” tells you everything you need to know about the state of European politics.”