First-ever arrest of Israeli soldiers in Europe for war crimes in Gaza

Reports indicate that, for the first time in history, Israeli soldiers are facing legal prosecution for war crimes under the principle of universal jurisdiction.

Belgian federal police have arrested two Israeli soldiers accused of committing war crimes in Gaza. These arrests were made following complaints filed by two human rights organizations.

In a joint statement, the Hind Rajab Foundation (HRF) and the Global Legal Action Network (GLAN) stated that the two individuals were present in Belgium to attend a music festival and that legal proceedings are currently underway.

These groups announced: "The suspects were identified and arrested while openly displaying themselves at a music festival in the city of Boom."

The director of the Hind Rajab Foundation said: "In the long struggle for accountability, this is a major milestone. It is the first time a European country has recognized universal jurisdiction against Israeli soldiers and has decisively acted by arresting them and bringing them in for questioning."

Dearbhla Minogue, a senior lawyer at GLAN who worked with the Hind Rajab Foundation on this case, said these arrests represent the biggest step towards accountability since the genocide began, as European law enforcement has finally taken action and detained some suspects.

She added: "I think we are now witnessing the beginning of a domino effect across Europe and the world."

This senior lawyer explained that the charges against the two soldiers include the use of human shields and wanton destruction. The evidence was gathered from the soldiers’ own social media posts.

Minogue said: "One of them posted videos of their unit blowing up buildings in Gaza and Lebanon; the other posed next to a Palestinian who had been used by his unit as a human shield."

Serious violations

Belgium’s Federal Prosecutor’s Office announced it had recently received two complaints from the Hind Rajab Foundation and the Global Legal Action Network. These complaints concern serious violations of international humanitarian law allegedly committed by two members of the Israeli military in the Gaza Strip.

The Belgian Prosecutor’s Office stated that, under the newly implemented Article 10/14 of the preliminary title of the Criminal Procedure Code (effective from April 28, 2024), it has determined that it may have jurisdiction over this case. This article grants Belgian courts the authority to prosecute crimes committed outside Belgium under the 1949 Geneva Conventions and the 1984 Convention Against Torture.

In light of this possible jurisdiction, the Belgian Federal Prosecutor’s Office instructed police to identify the two soldiers named in the complaints and continue interrogating them.

The Hind Rajab Foundation, a Brussels-based NGO, focuses on pursuing international legal action for war crimes committed in Gaza since the war began in October 2023.

Its founder, Dyab Abou Jahjah, stated that the organization holds more than 8,000 pieces of evidence documenting Israeli military war crimes in Gaza.

The organization has pursued war crimes cases against Israeli soldiers and officials in Europe and Latin America, but this is the first time its efforts have resulted in arrests.

These arrests took place on the same day that King Philippe of Belgium described the situation in Gaza as a disgrace to humanity.

On Sunday, July 20, in his speech, King Philippe stated that Belgium supports the United Nations' calls for an immediate end to this unbearable crisis.