Summary:

  • Two Israeli soldiers were detained by Belgian authorities over alleged war crimes in Gaza, using the principle of universal jurisdiction.
  • The arrests occurred at Tomorrowland music festival after a complaint by human rights groups, including the Hind Rajab Foundation and the Global Legal Action Network.
  • The soldiers, allegedly from the Israel Defense Forces’ Givati Brigade, were released after questioning, pending further investigation.
  • The legal action cites recent operations in Gaza, alleging civilian attacks and destruction of infrastructure.
  • Belgium’s use of universal jurisdiction mirrors similar efforts in Canada and ongoing legal action at the International Court of Justice.
  • The investigation is in its early stages, with no charges filed, and highlights mixed reactions regarding the application of international law.

Two Israeli soldiers were briefly detained and questioned by Belgian authorities over alleged war crimes in Gaza, marking a rare application of international law amid growing scrutiny of military operations in the region. The arrests took place over the weekend at the Tomorrowland music festival in Boom, near Antwerp, following a legal complaint submitted by human rights groups.

According to the Belgian Federal Prosecutor’s Office, the soldiers were taken into custody based on an active investigation invoking the principle of universal jurisdiction—a legal doctrine that allows states to investigate and prosecute grave breaches of international humanitarian law, even when committed outside their borders.

The men were reportedly serving members of the Israel Defense Forces’ Givati Brigade, though officials declined to specify their names or ranks. Belgian police carried out the arrests on-site at the festival after confirming the soldiers’ identities. Following interrogation, the two men were released pending further investigation.

The legal complaint that prompted their detention was filed in Belgium earlier this year by the Hind Rajab Foundation and the Global Legal Action Network (GLAN), which allege that the soldiers were involved in violations of international humanitarian law during recent operations in Gaza. The groups cited multiple incidents including attacks on civilian populations, forced displacement, and destruction of infrastructure.

“This marks a turning point in the fight for accountability,” said a spokesperson for GLAN, emphasizing what they described as a growing reliance on universal jurisdiction for redress. The Hind Rajab Foundation stated that it has compiled more than 8,000 pieces of documentation related to military activity in Gaza since October 2023, including testimonies and visual evidence intended to support their claims.

Belgium’s application of universal jurisdiction in this case echoes similar efforts unfolding elsewhere. Canadian authorities are currently undertaking their own review of alleged war crimes under domestic legislation, and legal action remains active at the International Court of Justice, where South Africa has accused Israel of genocide in a case still before the court.

While advocates view the Belgian case as a step toward accountability, reactions have been mixed. The European Jewish Association called the arrests unsettling, suggesting they reflect “a disturbing double standard” in how international law is enforced. “At a time when other nations are involved in military conflicts, the focus on Israeli soldiers raises important questions,” said the group in a statement.

No charges have yet been filed, and Belgian prosecutors emphasized that the investigation remains in its early stages. Officials did not disclose whether further detentions are expected in connection with the case but confirmed that evidence gathering is ongoing.

Legal experts note that, although rare, such instances of post-deployment arrest may become more common as universal jurisdiction is increasingly invoked by national courts in the absence of broader international consensus.

For now, the release of the two Israeli soldiers does not signal the end of proceedings. As the investigation unfolds, the case will serve as a legal test—and potentially a precedent—for how European courts engage with complex allegations emerging from Gaza.

Background:

Here is how this event developed over time:

  • October 2023: The Israeli military launches large-scale operations in Gaza, prompting widespread international concern over potential violations of international law.
  • January 2024: The Hind Rajab Foundation (HRF) is established in memory of a Palestinian girl killed in Gaza, aiming to document human rights abuses.
  • May 2024: The HRF and the Global Legal Action Network (GLAN) compile and submit a complaint to Belgian authorities, alleging war crimes and genocide committed by Israeli soldiers in Gaza.
  • July 2024: Belgian prosecutors initiate a criminal investigation under Belgium’s universal jurisdiction laws, which allow prosecution of serious international crimes regardless of where they occur.
  • July 19, 2024: Two Israeli soldiers, reportedly from the Givati Brigade, are arrested by Belgian federal police at the Tomorrowland music festival in Boom following the complaint by HRF and GLAN.
  • July 20, 2024: The arrested individuals are interrogated and subsequently released, but a formal investigation into alleged war crimes continues.