Analysis
The Belgian case against IDF is a test of universal jurisdiction
Belgium's decision sets a very important precedent because it sends a clear signal: those responsible for international crimes in the Gaza Strip, in the occupied Palestinian territory, do not enjoy impunity.
Two Israeli soldiers were arrested by Belgium’s federal police while attending Tomorrowland, the electronic music festival in Boom. The arrests followed a criminal complaint lodged by two NGOs: the Hind Rajab Foundation – set up to challenge the impunity of Israelis accused of international crimes in Gaza – and the London-based Global Legal Action Network.
The complaint filed had as its object international crimes committed by Israeli service members present at the festival. In particular, it concerned members of the so-called Givati Brigade, which is responsible – as widely documented by open evidence – for very serious violations of international law in the Strip. The two are accused by the NGOs of war crimes, including systematic indiscriminate attacks, indiscriminate attacks against civilian buildings and targets, use of torture, arbitrary mass detention, and forced transfer of the population of Gaza. They are also accused of crimes of genocide for imposing living conditions aimed at destroying the population of Gaza as a protected group within the Strip.
It is likely that the two will be returned to Israel despite the opening of investigations by the Belgian authorities. Nevertheless, this does not diminish, in my view, the importance of what happened on Monday. First of all, because this is an unprecedented case, especially in Europe: for the first time, Israeli soldiers have been arrested in a European Union member state. But it is also an important decision because it is an exercise of what is called “universal jurisdiction.”
In other words, we are dealing with a case that has no connection with Belgium, because the crimes were not committed on Belgian territory, nor by Belgian citizens, nor are the victims Belgian nationals. Yet, precisely because of the seriousness of these crimes, Belgium is entitled to intervene and prosecute those responsible for war crimes and genocide committed within the Gaza Strip.
There was a similar recent case in Brazil, but on that occasion the Brazilian authorities decided not to arrest the Israeli suspect, who was also a member of the IDF. They had initially decided to do so when he went to the airport, but the Israeli authorities intervened and allowed him to escape.
Belgium's decision sets a very important precedent because it sends a clear signal: those responsible for international crimes in the Gaza Strip, in the occupied Palestinian territory, do not enjoy impunity.
And it will probably have an impact elsewhere too: many countries, especially in Europe, have legislation on universal jurisdiction. Unfortunately, Italy is not one of them, as it has not adopted any legislation on this matter, which certainly puts it behind many other countries, in Europe and beyond.
Originally published at https://ilmanifesto.it/belgio-alla-prova-la-giurisdizione-universale on 2025-07-22