Belgium refers complaints against Israeli soldiers over Gaza war crimes to the ICC

A legal complaint against two Israeli soldiers, who were accused by an NGO of violating international humanitarian law in Gaza after being identified at a music festival in Belgium, has been sent by Belgian prosecutors to the International Criminal Court (ICC).

The Belgian Federal Public Prosecutor's Office said it received two complaints earlier this month from the Hind Rajab Foundation (HRF), a Belgium-based pro-Palestinian group, against two Israeli soldiers who were in the country to attend the annual Tomorrowland festival.

Police last week questioned the pair over allegations of "serious violations of international humanitarian law in Gaza", according to the prosecutors.

On Wednesday, the prosecutor's office said it had decided to refer the complaints against the two members of the Israeli military to the ICC, in the "interest of the proper administration of justice and in accordance with Belgium’s international obligations".

The decision to question the two Israelis was based on an article in Belgium's Code of Criminal Procedure that went into force last year.

It grants Belgium's courts jurisdiction over acts overseas that are potentially governed by an international treaty, in this case the 1949 Geneva Conventions and the 1984 UN Convention against Torture.

The Israeli authorities have not publicly commented on the action by the Belgian prosecutors.

Israel has previously said that its forces follow international law and try to avoid harming civilians, and that it investigates any allegations of wrongdoing.

The HRF raised the complaint after it said it identified two Israeli soldiers "responsible for grave international crimes" in Gaza in the crowds at Tomorrowland. In its original statement following the complaint, however, the group did not specify which particular war crimes it was referring to, or what kind of evidence it had against the two soldiers.

The organisation has become known for its campaigns for the arrest of Israeli troops it accuses of war crimes and crimes against humanity in the Israel-Hamas war in Gaza.

'Lawful duties in defence of their country'

On Wednesday, the HRF said the referral to the ICC was not a conclusion, but a "strategic pivot" to the international level.

"We now urge the ICC to act without delay and issue arrest warrants against the suspects," the group said in a statement. "Every day of inaction by international institutions is a day of continued suffering and accountability."

Since forming last year, the HRF has made dozens of complaints in more than 10 countries seeking the arrest of both low-level and high-ranking Israeli soldiers.

In January, Israel helped a former soldier leave Brazil after legal action was initiated against him by the group, which uses geolocation and social media posts to identify soldiers they accuse of war crimes.

The European Jewish Association last week criticised Belgian authorities for acting on what it called a politically motivated complaint.

"These soldiers were carrying out their lawful duties in defence of their country, duties comparable to those of any soldier serving in a democratic nation," it said in a statement.

Last November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant, accusing them of crimes against humanity in connection with the now nearly 22-month war in Gaza.

The case in Belgium follows an outcry over photos of emaciated and malnourished children in Gaza and reports of dozens of hunger-related deaths during the war. The UN-backed Integrated Food Security Phase Classification (IPC) this week warned of famine in Gaza.

On Tuesday, the Hamas-run Gaza Health Ministry said the death toll from the war had risen to more than 60,000 Palestinians. Its figures do not distinguish between fighters and civilians.  

The Israeli military stated nearly 900 of its soldiers have died since the start of the war.