The Belgian Federal Prosecutor has 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 complaint was filed by the Hind Rajab Foundation, which is named after a six-year-old Palestinian girl killed by Israeli fire in Gaza City earlier in the war. The foundation, along with the Global Legal Action Network (GLAN), confirmed that the Belgian Federal Prosecutor has decided to forward the case to the ICC.
The complaint centers on two Israeli soldiers, allegedly members of the Givati Brigade, who 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. The Hind Rajab Foundation welcomed the referral to the ICC with “cautious encouragement” but criticized Belgian authorities for not taking stronger action.
The foundation said that the suspects should not only have been arrested but also detained and either prosecuted in Belgium or extradited to the ICC. “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.
The decision to refer the case to the ICC has significant implications for international justice and accountability. The Hind Rajab Foundation said, “Every day of inaction by international institutions is a day of continued suffering and unaccountability.” The group added, “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.”
The Israeli government reportedly summoned a Belgian diplomat in protest over the arrests, highlighting the diplomatic row between the two nations. The row comes amid growing international concern over the humanitarian catastrophe in Gaza and Israel’s ongoing war against the Palestinian people. Earlier, 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.
