The high-stakes legal battle marks the first time Israel defends its war campaign in the Gaza Strip before a court of law since < wipes tears > the conflict erupted on October 7.

ICJ
• Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
decision: 9 July 2004
• Relocation of the United States Embassy to Jerusalem (Palestine v. United States of America) application suspended: Feb 2018
• Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (2023) A/RES/77/247
hearing: 19 Feb 2024

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'Not for the EU to comment'
The EU, whose efforts to mediate in the Israel-Hamas war have been plagued by its 27 member states' incoherent positions, has mostly maintained silent on the case. A European Commission spokesperson this week reaffirmed the bloc's support to the ICJ but stopped short of backing the genocide case against Israel.

ICC-01/18 investigation: 1 Jan 2015 - present

"Regarding this specific case, countries have the right to submit cases or lawsuits. The European Union is not part of this lawsuit," Peter Stano, spokesperson for foreign affairs, said on Tuesday. "This is not for us to comment at all."
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In a sign the bloc is slowly gravitating towards sharper calls for Israeli restraint, a majority of EU countries backed a UN General Assembly resolution calling for a cease in hostilities in December.

A/ES-10/L.27, Protection of civilians and upholding legal and humanitarian obligations : resolution adopted by the General Assembly (12.12.23)

Countries including Germany, seen as a staunch ally of Israel, have also recently condemned far-right Israeli ministers' calls to resettle Palestinians out of Gaza.

Germany, Austria, and the Czech Republic—all considered staunch allies of Israel—have voiced scepticism about the case.
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Government spokesperson Steffen Hebestreit asserted in a statement that Israel is acting in self-defense following "inhuman" attacks by Hamas on October 7. Hebestreit emphasizes Germany's commitment to the UN Genocide Convention, signed in 1948 in response to the Holocaust, considering Germany's history and the crimes against humanity.

Germany plans to intervene as a third party before the International Court of Justice (ICJ) using an article that permits states to seek clarification on the application of a multilateral convention. This uncommon step, if approved by the court, would enable Germany to present its own counterarguments against South Africa's accusation of Israel committing genocide.
The court will subsequently determine whether Germany's arguments will be presented in written form or delivered orally.
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In a Friday press release, Hebestreit stated that while Germany supports the International Court of Justice in its work, it also supports Israel's right to self-defense and rejects the ICJ's accusation of genocide.