The case of the two IDF soldiers arrested at the Tomorrowland Festival by Belgian authorities has been referred to the International Criminal Court (ICC), the Belgian federal prosecutor’s office announced on Wednesday.
The prosecutor received complaints about the two soldiers – said to have served in the IDF’s Givati Brigade – from the anti-Israel Hind Rajab Foundation, on July 18 and 19.
The foundation accused the soldiers of participating in “the systematic destruction of civilian infrastructure in Gaza and in carrying out mass atrocities against the Palestinian population.” It also accused them of torture, unlawful detention, the deliberate destruction of homes and hospitals, and direct attacks on civilians.
After analyzing the complaints, the federal prosecutor’s office decided to transfer the files to the ICC, noting the desire for the “proper administration of justice and in accordance with Belgium’s international obligations, as provided for in Article 14/10 of the previous title of the Code of Criminal Procedure.”
Hind Rajab Foundation encourages ICC involvement
Hind Rajab responded to the news of the ICC referral with “cautious encouragement,” but criticized the Belgian prosecutor for not going further.
“In our view, the suspects should not only have been arrested, but also detained and either prosecuted in Belgium or extradited to the ICC,” Human Rights Foundation (HRF) said in a statement on Wednesday.
“Belgium has the legal basis and responsibility to do so. The current interpretation of its jurisdiction is, in our opinion, unnecessarily limited.”
The HRF went on to urge the ICC to act “without delay and issue arrest warrants against the suspects.”
The two soldiers, however, are no longer believed to be in Belgium, having reportedly traveled to the Netherlands shortly after being released by Belgian law enforcement, following their interrogation.
Last week, HRF announced that it had lodged a second urgent criminal complaint about the two Israelis with the Dutch Public Prosecution Service, calling for their immediate arrest, the initiation of criminal proceedings under the Dutch universal jurisdiction framework, or extradition to a “competent state for prosecution.”
“It remains unclear whether they were legally permitted to leave Belgium, or whether they are now fugitives evading justice,” HRF wrote.