Belgium refers war crimes complaint against Israeli soldiers to ICC

The Hind Rajab Foundation criticises Belgian authorities for not taking stronger action as diplomatic row worsens.

Belgian prosecutors have referred a war crimes complaint against two Israeli soldiers to the International Criminal Court (ICC), following allegations that they participated in atrocities in Gaza.

The Hind Rajab Foundation, which filed the complaint alongside the Global Legal Action Network (GLAN), confirmed that the Belgian Federal Prosecutor has decided to forward the case to the ICC. The foundation said the decision was made in accordance with Belgium’s obligations under international law.

“The International Criminal Court is currently investigating possible serious violations of humanitarian law in the Palestinian territories,” the Federal Public Prosecutor’s Office said, according to Belgium’s Belga news agency.

The complaint centres on two Israeli soldiers, allegedly members of the Givati Brigade. They were seen waving their military unit’s flag during the performance of an Israeli DJ at the Tomorrowland music festival in Belgium.

Following the complaint, Belgian police were instructed to identify, arrest and interrogate the two soldiers, before they were later released.

Legal group pushes for stronger action

The Hind Rajab Foundation, based in Belgium, is named after a six-year-old Palestinian girl killed by Israeli fire in Gaza City earlier in the war. Since its formation in 2023, the group has filed dozens of complaints across more than 10 countries targeting Israeli military personnel.

While the foundation welcomed the referral to the ICC with “cautious encouragement”, it criticised Belgian authorities for not taking stronger action.

“In our view, the suspects should not only have been arrested, but also detained and either prosecuted in Belgium or extradited to the ICC,” the foundation said in a statement.

“Releasing individuals credibly accused of war crimes and crimes against humanity not only undermines public trust in justice,” the group added, “but risks reinforcing a sense of impunity and may enable those individuals to commit further atrocities.”

The foundation called the referral “a strategic pivot to the international level”, and urged the ICC to act swiftly.

“Every day of inaction by international institutions is a day of continued suffering and unaccountability,” it said. “Let it be clear: this case sets a legal and moral precedent. Israeli military personnel, no matter where they travel, are not beyond the reach of justice.”

Israel summons Belgian diplomat

On Tuesday, the Israeli government reportedly summoned a Belgian diplomat in protest over the arrests.

The row between the two nations comes amid growing international concern over the humanitarian catastrophe in Gaza and Israel’s ongoing war against the Palestinian people.

Earlier on Wednesday, Belgium announced it would send a military aircraft with food and medical supplies destined for Gaza to Jordan, while the country also joined 27 others in signing a declaration calling for an immediate ceasefire.

However, Belgium itself is facing legal pressure for allegedly failing to act against Israeli crimes in Gaza.

On July 7, the Belgian state was formally summoned to appear before the French-speaking Court of First Instance in Brussels, where the claimants accuse the country of inaction and failing to meet its international obligations.

They allege Belgium should take urgent steps including banning arms transport to Israel via Belgian territory, halting trade with Israeli settlements, suspending the EU-Israel Association Agreement, freezing Israeli leaders’ assets, and ending institutional cooperation with Israel.

Source:

Al Jazeera and news agencies