Belgium Refers War Crimes Complaint Against Israeli Soldiers to International Criminal Court

Belgian prosecutors have referred a war crimes complaint targeting two Israeli soldiers to the International Criminal Court (ICC), following allegations that they participated in atrocities committed during Israel’s ongoing war on Gaza.

The Hind Rajab Foundation, which lodged the complaint alongside the Global Legal Action Network (GLAN), confirmed on Thursday that the Belgian Federal Prosecutor’s Office has decided to forward the case to The Hague, citing Belgium’s obligations under international law.

“The International Criminal Court is currently investigating possible serious violations of humanitarian law in the Palestinian territories,” the prosecutor’s office said, according to Belgium’s Belga news agency.

The complaint accuses two soldiers, reportedly members of the Israeli Givati Brigade, of involvement in war crimes in Gaza. The pair drew international attention last week when they were filmed waving their unit’s flag during the performance of an Israeli DJ at Belgium’s Tomorrowland music festival.

Belgian police briefly detained the soldiers for identification, questioning and verification but later released them, triggering outrage from rights groups.

The Hind Rajab Foundation — named after a six-year-old Palestinian girl killed by Israeli fire in Gaza City earlier in the war — has filed dozens of complaints in more than 10 countries targeting Israeli military personnel since its creation in 2023.

While the organisation welcomed Belgium’s referral of the case to the ICC, it criticised authorities for failing to keep the suspects in custody or initiate prosecution domestically.

“Releasing individuals credibly accused of war crimes and crimes against humanity not only undermines public trust in justice but risks reinforcing a sense of impunity,” the foundation said in a statement.

The group called the referral “a strategic pivot to the international level,” urging the ICC to act swiftly to ensure accountability.

“Every day of inaction by international institutions is a day of continued suffering and unaccountability,” the statement added. “This case sets a legal and moral precedent: Israeli military personnel, no matter where they travel, are not beyond the reach of justice.”

The ICC is already investigating possible war crimes committed by both Israel and Palestinian armed groups since the outbreak of the current conflict in October 2023, which has killed more than 60,000 Palestinians in Gaza.

With input from Al Jazeera