On January 26, the ICJ announced the preliminary injunction decisions taken in the case filed by the Republic of South Africa against Israel within the framework of the 1948 United Nations (UN) Convention on the Prevention and Punishment of Genocide.
While Israel's violations of international law in Gaza continue, different explanations continue to come from EU countries regarding the ICJ's injunction decisions.
While some European countries, especially Spain and Belgium, welcomed the court's injunction, England and Germany seem to have taken the opposite stance.
On the other hand, while 25 European countries intervened in the genocide case filed by Ukraine against Russia at the ICJ, it is noteworthy that no country has yet announced its request to intervene in the case in which Israel is accused of genocide.
It is wondered how countries such as Germany, which has made statements against Russia as an "intervenor" in the case filed by Ukraine, will take a stance against Israel in order not to contradict its stance against Russia in their possible involvement in the case in which Israel is accused of genocide.
Countries that have declared that they support or will respect the Court's injunction
Firstly, in the statement made by the Spanish Ministry of Foreign Affairs, it was stated that the court's injunction decision was welcomed and that "Spain calls on all parties to respect and fully comply with these measures."
In Spain's statement, calls for a "ceasefire" and a "two-state solution" were repeated, and the evaluation was included: "We are in favor of peace and international law. We support the ICJ and are working to stop the spiral of violence."
In the statement of the French Ministry of Foreign Affairs, it was stated that "France is deeply committed to respect for international law and once again confirms its trust and support to the International Court of Justice" and that efforts for a "ceasefire" continue.
In France's statement, it was stated that the court asked Israel to comply with international humanitarian law and emphasized, "We would also like to state that we have reiterated many times the importance we attach to Israel's strict compliance with international humanitarian law, as the court has just done."
In the statement made by the Slovenian Ministry of Foreign Affairs, it was stated that the decision of the ICJ was welcomed and that "This decision orders, among other things, Israel to take effective measures to provide urgent humanitarian aid to civilians in Gaza and to prevent genocide in Gaza."
In the statement of Slovenia, which called on the countries that are parties to the case to respect the decision, it was emphasized that peace in the region could be achieved with a "ceasefire" and a "two-state solution".
In the joint statement of the EU Commission and the EU High Representative for Foreign Affairs and Security Policy Josep Borrell, it was stated that the injunctions ruled by the ICJ on Israel were noted.
In the statement, it was noted that the right of the parties to present arguments will not be affected by the decision, and said, "The EU confirms that it will continue its support to the ICJ, the main judicial body of the United Nations. The decisions of the ICJ are binding on the parties and the parties must comply with them. The EU expects them to be fully, immediately and effectively." "We expect it to be implemented properly."
Belgium's official stance on the decision was explained in Prime Minister Alexander De Croo's post on his "will do" was stated.
In the statement, it was stated that "We invite Israel to fully implement the preliminary injunction decision" and repeated calls for "a ceasefire", "compliance with international humanitarian law" and "allowing humanitarian aid".
In the statement made on the X account of the Norwegian Ministry of Foreign Affairs, it was noted that the ICJ made an important decision and the evaluation was included: "The decision of the Court should be respected. Humanitarian aid and basic services should be provided to Gaza immediately."
In the statement made by the Portuguese Ministry of Foreign Affairs, it was stated that the decision of the ICJ was noted and it was reminded that the court invited all parties to the conflict to respect their obligations under international humanitarian law.
In Portugal's statement, calls for a "ceasefire" and a "two-state solution" were repeated.
Dutch Minister of Foreign Affairs Hanke Bruins Slot stated in his statement on X that they will respect the decision of the ICJ and said, "The Netherlands calls for compliance with the decision."
Irish Deputy Prime Minister, Minister of Foreign Affairs and Defense Micheal Martin said, "I greatly welcome the final and binding decision of the Court. These are the measures that Ireland has constantly demanded since the beginning of the conflict."
Underlining that Ireland is a strong advocate of the international rules-based system, Martin said, "The ICJ is the cornerstone of this system. We expect Israel to implement all injunctions ruled by the court in good faith and urgently."
Martin also pointed out that it is the political, diplomatic, legal and humanitarian duty of all parties to end the tragedy in Gaza, and reiterated Ireland's call for an immediate ceasefire and the release of prisoners.
Martin stated that the Irish Parliament's decision on whether to intervene in the case at the ICJ will also be evaluated.
Scottish Regional Prime Minister Hamza Yusuf, in his post on the social media platform
Underlining the need to provide urgent humanitarian aid and release the captives to prevent further suffering, Yusuf said, "We will continue to call for an urgent ceasefire after such death and destruction."
While none of the countries that expressed support for the decision stated that they would apply for "intervention" in the case filed by South Africa, only Ireland noted that it would discuss the possibility of intervention in the parliament.
Countries that criticized the decision or kept their distance
England is one of the leading countries in Europe that criticized the ICJ's decision. In a statement made by the British Foreign Office, it was stated that "We respect the role and independence of the ICJ. However, we stated that we have significant concerns about this case, which does not help the aim of achieving a sustainable ceasefire."
The statement noted that Israel's actions in Gaza cannot be described as genocide, and pointed out that South Africa's filing of a lawsuit against Israel was interpreted as a "wrong" and "provocative" step.
In the statement, it was stated that the clashes should be interrupted in order for aid to enter Gaza and the hostages to be removed, and then they support moving towards a sustainable, permanent ceasefire without returning to hostilities.
In her written statement, German Foreign Minister Annalena Baerbock pointed out that the ICJ did not make a decision on the merits of the case, but ordered precautionary measures to be taken, and said, "These are binding within the scope of international law. Israel must also comply with them."
Noting that the court clearly demonstrated that Israel's actions in Gaza followed the events of October 7, Baerbock stated that HAMAS should also adhere to international humanitarian law and release all hostages.
"We will support this (the release of the hostages) with all our strength, as well as the (court's) decision that Israel urgently allow more humanitarian aid to enter Gaza," Baerbock said.
Baerbock had previously stated that Germany would "intervene" in the case. While it was stated that Germany would intervene in the case to support Israel, Namibia, which suffered genocide by the Germans, criticized the Berlin government's defense of Israel in the International Court of Justice.
On the other hand, most of the countries in Eastern and Northern Europe and some of the countries in the Baltic region and the Balkans did not make any statement regarding the decision.
32 countries were involved in the genocide case between Ukraine and Russia
Many European countries had requested intervention in the genocide case filed by Ukraine against Russia within the scope of Article 63 of the ICJ Statute.
In its decision on June 9, 2023, the ICJ accepted the request of 32 states, 25 of which are members of the European Union, who wanted to intervene in the genocide case filed by Ukraine against Russia.
Among the European states whose requests for intervention were accepted are Austria, Belgium, Bulgaria, Netherlands, Croatia, Southern Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Principality of Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
Moreover; 7 countries, including Germany, Denmark, France, the Netherlands and the United Kingdom, applied for intervention in the genocide case filed by Gambia against Myanmar on the grounds that it committed genocide against the Rohingya people.