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Caught In Belgium: Universal Jurisdiction And The IDF
Caught In Belgium: Universal Jurisdiction And The IDF

Scoop

time5 days ago

  • Politics
  • Scoop

Caught In Belgium: Universal Jurisdiction And The IDF

Two soldiers find themselves in Belgium attending the Tomorrowland festival in Boom, Belgium. Entertainment beckons. The festival, held near Antwerp, attracts somewhere in the order of 400,000 guests over the course of two weekends. The two in question are members of the Israeli Defense Forces, said to be waving a flag of the Israeli Givati Brigade. The gesture is not prudent, given the exploits of that particular unit in the Gaza campaign of flattening and demolishing Palestinian infrastructure, civilian and all. A local, rabble-rousing outfit called the Hind Rajab Foundation, paired with the Global Legal Action Network (Glan), got vexed with the whole display. On July 19, they urged Belgian authorities to arrest the two flag wavers. They were allegedly 'indirectly implicated in some of the most egregious crimes committed during Israel's ongoing military campaign in Gaza.' A keen eye was focused on the Givati flag, one 'publicly displayed in the heart of Belgium'. Far from merely being a military, it had 'become, for millions, a symbol of impunity, destruction, and ethnic cleansing.' The HRF, having identified an opportunity, were heartened by the arrests, despite an announcement from the Belgian public broadcaster, RTBF, that the two had been released after questioning. 'It signals that Belgium has recognized universal jurisdiction under international law and is treating allegations with the seriousness it deserves. At a time when too many governments remain silent, this action sends a clear message: credible evidence of international crimes with a legal response – not political difference.' HRF director and founder Dyab Abou Jahjah, seeing the stirring, if limited precedent in the move, told the Middle East Eye that 'this was a major milestone' within the broader context of accountability. 'This is the first time that a European country acknowledges universal jurisdiction against Israeli soldiers and acts upon it in a forceful way, arrests them, and brings them to a police station to interrogate them.' In a post on Instagram, the foundation also ruminated on whether this might be 'a turning point in the global pursuit of accountability'. The motivations behind the HRF are clear: 'To the victims and survivors of Gaza: we see you, we hear you, and we carry your demands for justice forwards.' The group's campaign has certainly begun to trouble Israeli officials, apparently prompting Israel's Diaspora Affairs Minister Amichai Chikli to cancel his visit to the European Parliament in Brussels earlier this year. That Belgium recognised such jurisdiction was hardly novel. The law concerning the punishment of serious violations of international humanitarian law of June 16, 1993 established the principle of universal jurisdiction in Belgium, enabling prosecutions to be taken against alleged violators of international humanitarian law irrespective of whether they were in Belgian territory or otherwise. In 2003, the law amending the Belgian Criminal Code focused on criminalising genocide, crimes against humanity, war crimes and torture. In this case, the prosecutors were satisfied that they had jurisdiction because of Article 14/10 of the Preliminary Title of the Code of Criminal Procedure, which came into force on April 28, 2024. The article explicitly grants Belgian courts jurisdiction to try crimes committed outside Belgium based on such international instruments as the Geneva Conventions of 1949 and the Convention against Torture of 1984. One of the arrested Israelis complained after the arrest, suggesting they had been manhandled. 'The officers hit us, we got blows to the face,' one of them told Israel's Channel 12 news. 'They took us to a secret police station in the compound.' That such treatment is meted out by their own colleagues to Palestinians on a daily basis in the occupied territories was not an irony to appreciate. The arrests did worry a number of Israel's defenders. 'This is a serious incident that requires an immediate response from the State of Israel, including considering diplomatic measures against the Belgian ambassador,' claimed the Israeli Reservists Generation of Victory organisation. The body further went on to castigate internal critics of Israel's war policies such as former Prime Minister Ehud Olmert and leader of the Israeli Democrats Party, Yair Golan, accusing them of pursuing a 'toxic media discourse'. Olmert had publicly decried the proposal by the IDF for creating a 'humanitarian city' in Gaza as nothing better than a dressed-up version of a concentration camp. Golan had also drawn the ire of some commentators for telling Kan Reshet Bet's This Morning program in mid-May that, 'A sane country does not wage war against civilians, does not kill babies for a hobby, and does not set goals involving the expulsion of populations.' The European Jewish Association also expressed concerns that the 'soldiers were carrying out lawful duties in defence of their country, duties comparable to those of any soldier serving in a democratic nation.' That may have been perceived as such, but an absolute fidelity to following orders is no longer fashionable in international jurisprudence, a point sometimes missed even in democratic states. On the glittery surface, apprehending two soldiers of the IDF and temporarily detaining them seems a case of pruning rather than uprooting. The problems remain, festering away in the suffering feats of endurance for those in Gaza. Israel's authorities and the IDF know it. Arresting travelling soldiers for questioning under the principle of universal jurisdiction and a suspicion of committing crimes against humanity has its role, but such a justice is poor if it leaves the prominent leaders and commanders at large. The true criminality of any broad enterprise always lies with the decision makers. Those decision makers continue to elude legal capture or ostracising, despite international arrest warrants from the International Criminal Court. At least for the moment.

Rights groups seek CBI probe into killing of Maoists in Andhra's ASR
Rights groups seek CBI probe into killing of Maoists in Andhra's ASR

New Indian Express

time22-07-2025

  • Politics
  • New Indian Express

Rights groups seek CBI probe into killing of Maoists in Andhra's ASR

VISAKHAPATNAM: The Human Rights Forum (HRF) and Human Rights Watch (HRW) on Monday demanded criminal prosecution of police personnel involved in the killing of three armed Maoist squad members on June 18, in Rampachodavaram mandal of Alluri Sitarama Raju (ASR) district. In a press release, the rights groups alleged that the incident was a staged encounter and called for an independent investigation by the CBI or under Supreme Court supervision, stating that local police cannot be trusted as they are directly involved. HRF and HRW representatives Y Rajesh, VS Krishna, and Balu Akkisa conducted a fact-finding mission in the area on July 18. They said villagers in Vemulakonda, Akuru, and Kintukuru reported no exchange of fire, contradicting police claims that the Greyhounds acted in self-defence.

Belgium questions two Israelis over war crimes accusations
Belgium questions two Israelis over war crimes accusations

L'Orient-Le Jour

time21-07-2025

  • Politics
  • L'Orient-Le Jour

Belgium questions two Israelis over war crimes accusations

Belgian authorities said on Monday that they had briefly held and questioned two israeli citizens who attended an electronic music festival, after pro-Palestinian groups accused them of war crimes. Prosecutors said they received legal complaints alleging that two Israeli soldiers responsible for "serious violations of international humanitarian law" in Gaza were spotted at the Tomorrowland festival near the northern city of Antwerp last week. The federal prosecutor's office said it had "asked the police to locate the two people named in the complaint and to interview them". "Following these interviews, they were released," it said in a statement. The office said that it took action after concluding that Belgian courts have extraterritorial jurisdiction over alleged war crimes. "No further information will be given at this stage of the investigation," the office said. The pair have not been named. Last week, the Hind Rajab Foundation (HRF), a Belgian pro-Palestinian organisation, said it had identified two Israeli soldiers "responsible for grave international crimes" in Gaza among the crowds at Tomorrowland. It claimed that a group of young Israeli men was seen at the festival waving a flag of the Givati Brigade, an Israeli military unit involved in the fighting in the Palestinian territory. HRF said it then filed a complaint with prosecutors in association with the Global Legal Action Network, a lawyers group specialising in human rights violations. One of the world's largest electronic music festivals, Tomorrowland draws music enthusiasts from all over the world. About 400,000 people are expected to attend the event this year over two weekends. Hamas's October 7 attack on Israel triggered the war in Gaza, where Israel's retaliatory campaign has killed more than 58,000 people, mostly civilians, according to the Hamas-run territory's health ministry. The UN considers the figures reliable. Hamas's attack resulted in the deaths of 1,219 people, also mostly civilians, according to an AFP tally based on Israeli official figures.

Belgium authorities arrest two 'Israeli' soldiers after war crimes complaint
Belgium authorities arrest two 'Israeli' soldiers after war crimes complaint

Roya News

time21-07-2025

  • Politics
  • Roya News

Belgium authorities arrest two 'Israeli' soldiers after war crimes complaint

Belgian federal police have detained two 'Israeli' soldiers accused of committing war crimes in Gaza, following a legal complaint filed by two international rights organizations. According to a statement released Monday by the Hind Rajab Foundation (HRF), the soldiers were in Belgium to attend the Tomorrowland music festival in Boom when they were identified and arrested. "The suspects were identified and arrested with a clear show of force at the Tomorrowland festival in Boom," HRF stated. "After being taken into custody, they were formally interrogated and released. The Belgian Federal Prosecutor's Office has confirmed that a criminal investigation is now underway." The HRF's action was prompted by the alleged presence of young 'Israeli' soldiers at Tomorrowland waving the flag of the 'Israeli' Givati Brigade, a unit the HRF says is "extensively documented for its role in the systematic destruction of civilian infrastructure in Gaza and for carrying out mass atrocities against the Palestinian population". The foundation asserts that the Givati flag has become a "symbol of impunity, destruction, and ethnic cleansing". The individuals are accused of direct involvement in crimes such as indiscriminate attacks on civilian areas, use of torture and human shields, mass arbitrary detention, forced displacement, and deliberate infliction of conditions calculated to destroy the Palestinian population. The complaint, filed last week by HRF and the Global Legal Action Network (GLAN), accuses the soldiers of involvement in war crimes committed during 'Israel's' military operations in Gaza. In a joint statement, the two organizations welcomed the move, calling it "a significant step forward." They added, "It signals that Belgium has recognised its jurisdiction under international law and is treating the allegations with the seriousness they deserve. "At a time when far too many governments remain silent, this action sends a clear message: credible evidence of international crimes must be met with legal response – not political indifference."

Belgium interrogates two Israelis over Gaza war crimes - War on Gaza
Belgium interrogates two Israelis over Gaza war crimes - War on Gaza

Al-Ahram Weekly

time21-07-2025

  • Politics
  • Al-Ahram Weekly

Belgium interrogates two Israelis over Gaza war crimes - War on Gaza

Belgian authorities said on Monday that they had briefly held and questioned two israeli citizens who attended an electronic music festival, after pro-Palestinian groups accused them of war crimes. Prosecutors said they received legal complaints saying that two Israeli soldiers responsible for "serious violations of international humanitarian law" in Gaza were spotted at the Tomorrowland festival near the northern city of Antwerp last week. The federal prosecutor's office said it had "asked the police to locate the two people named in the complaint and to interview them". "Following these interviews, they were released," it said in a statement. The office said that it took action after concluding that Belgian courts have extraterritorial jurisdiction over alleged war crimes. "No further information will be given at this stage of the investigation," the office said. The pair have not been named. Last week, the Hind Rajab Foundation (HRF), a Belgian pro-Palestinian organisation, said it had identified two Israeli soldiers "responsible for grave international crimes" in Gaza among the crowds at Tomorrowland. It said that a group of young Israeli men was seen at the festival waving a flag of the Givati Brigade, an Israeli military unit involved in the killings in the Palestinian territory. HRF said it then filed a complaint with prosecutors in association with the Global Legal Action Network, a lawyers group specialising in human rights violations. One of the world's largest electronic music festivals, Tomorrowland draws music enthusiasts from all over the world. About 400,000 people are expected to attend the event this year over two weekends. Israel has killed more than 58,000 people in Gaza, mostly women and children. Follow us on: Facebook Instagram Whatsapp Short link:

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