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Belgium Refers IDF Soldiers’ Case to International Criminal Court Amid Gaza War Crimes Investigation

Brussels, July 31, 2025 – The Europe Today: Belgium’s Federal Public Prosecutor’s Office has officially transferred the case files of two Israeli Defense Forces (IDF) soldiers arrested at the Tomorrowland music festival to the International Criminal Court (ICC), citing possible violations of humanitarian law in the Palestinian territories.

The two individuals, reportedly members of the IDF’s Givati Brigade, were seen displaying their military unit’s flag during an Israeli DJ’s performance at Tomorrowland over the weekend of July 19–20. Their presence sparked immediate concern and led to the filing of a formal complaint by the Hind Rajab Foundation and the Global Legal Action Network (GLAN), who alleged that the soldiers may have been involved in war crimes committed in Gaza.

Acting on these complaints, Belgian police located and questioned the individuals. However, they were released after interrogation and permitted to leave Belgium. The Federal Public Prosecutor’s Office later confirmed that, upon reviewing the case, it would defer jurisdiction by referring the matter to the ICC.

“This decision was taken in the interests of the proper administration of justice and with respect for Belgium’s international obligations,” stated the Prosecutor’s Office, referencing Article 14/10 of Belgium’s Code of Criminal Procedure. The files will be officially forwarded to the ICC via Belgium’s Ministry of Justice, the designated authority for international legal coordination.

The ICC is currently conducting a broad investigation into possible serious breaches of humanitarian law in the occupied Palestinian territories, including Gaza.

Calls for Further Action

The Hind Rajab Foundation, while acknowledging the referral to the ICC, criticized Belgian authorities for not pursuing domestic legal action or detaining the soldiers pending further inquiry.

“We believe Belgium should have gone further,” the foundation said. “The suspects should have been arrested, detained, and either prosecuted in Belgium or extradited to the ICC. Belgium has both the legal basis and the responsibility to act.”

The group emphasized that the referral should not be seen as a conclusion of justice but rather as a “diplomatic caution,” warning that “political considerations should never outweigh the imperatives of justice.”

Diplomatic Fallout

In response to the arrests, Israel reportedly summoned a Belgian diplomat, with the detained soldiers claiming to have been assaulted during their apprehension. Belgium’s Foreign Ministry confirmed the meeting but has declined further comment.

The developments unfold against a backdrop of increasing diplomatic tension over the humanitarian crisis in Gaza. Belgium, which has vocally criticized the situation, announced on Wednesday the dispatch of a military aircraft carrying food and medical supplies to Jordan for Gaza-bound aid. The country also joined over two dozen other nations in signing a joint declaration calling for an immediate ceasefire.

Further straining EU-Israel relations, discussions are underway within the European Union about partially suspending Israeli participation in Horizon Europe’s start-up fund, though consensus among member states remains elusive.

The controversy also reverberated domestically. Ahead of Belgium’s National Day, King Philippe condemned the suffering in Gaza as “a disgrace to humanity,” a sentiment publicly backed by Prime Minister Bart De Wever.

The ICC’s examination of the case marks a critical moment in the international legal response to the Gaza conflict, with Belgium playing a potentially pivotal role in shaping accountability efforts.