Events from Belgium attracted the world’s attention — not so much due to the large music festival Tomorrowland, but due to the detention of 2 Israeli soldiers.
The Belgian national Police stopped them on charges of war crimes committed in Gaza. These arrests are the consequence of a complaint made by 2 human rights organisations, Hind Rajab Foundation and Global Legal Action Network. This case is more than just a legal incident. It is simply a political and moral sign of a time erstwhile work for war action does not end on the front line.
"The suspects were identified and detained demonstrationally at the Tomorrowland festival in Boom" “ The Hind Rajab Foundation says. This organization was named after a young girl who, according to Palestinian accounts, died at the beginning of the war as a consequence of Israeli fire as she and her household fled the city of Gaza.
According to the Belgian national prosecutor's office, both detainees were members of the Israeli army. The hearings took place after the prosecution received formal complaints on Friday and Saturday which, after preliminary analysis, gave grounds for the designation of the jurisdiction of Belgium. A key provision is an article by the Belgian Code of Criminal Procedure, which, since last year, allows Belgian courts to prosecute crimes committed abroad if they are covered by global treaties specified as the 1949 Geneva Conventions and the 1984 UN Convention against Torture.
"In the light of this possible jurisdiction, the national prosecutors have asked the police to find and interview 2 persons identified in the complaint. After the hearings, they were released," the D.A. informed the prosecution, adding that it is presently not providing further information on the investigation.
The Israeli Ministry of abroad Affairs presented a different version of the events. According to him, the “citizen of Israel and Israeli soldier” were interviewed, both on leave. Both were to be released rapidly after the hearing. The difference in communicative – "two army members" versus "citizen and soldier" – remained unexplained. The whereabouts of both men have not been revealed.
At global level, this issue has already been called a breakthrough. Human rights organisations see it not only as a precedent, but besides as a real test for the concept of universal jurisdiction and global justice.
"This is simply a turning point in the global quest for accountability," stressed the Hind Rajab Foundation, announcing that it will not remainder until justice is done. "We will support the ongoing proceedings and call on the Belgian authorities to conduct the investigation completely independently. Justice cannot halt here — we are determined to bring it to an end.”
The issue becomes more crucial in the context of the events at the scene of the conflict. On the same day 2 Israeli military were announced to be arrested, the United Nations Food Agency accused Israel of utilizing tanks, snipers and another weapons against a crowd of Palestinians who attempted to get food aid. According to the Ministry of Health, the Gaza Strip was 1 of the bloodiest days for those seeking humanitarian aid during more than 21 months of the war.
The estimated number of victims in Gaza has already exceeded 59 000. This data does not separate between civilians and militants, but according to the ministry, more than half of the killed are women and children. Although the wellness ministry is part of the Hamas government, the UN and another global institutions consider it the most reliable origin of data on the number of victims.
Israel officially maintains that its armed forces respect global law and make efforts to avoid civilian casualties. The Israeli authorities besides declare their own investigations in cases of alleged abuse.
Arrests in Belgium are part of a broader strategy of the Hind Rajab Foundation, which has made dozens of complaints in more than 10 countries since its inception, seeking to lead to the arrest of both private soldiers and high-ranking Israeli commanders.
From a legal point of view, we are dealing with an expanding usage of alleged universal jurisdiction. This rule assumes that any crimes (such as war crimes, genocide, torture) are so serious that any country can prosecute their perpetrators, regardless of where the offender commits the crime and nationality. Belgium, which has already tried to take this approach (e.g. in cases against erstwhile leaders of Rwanda and Congo), now makes it clear that it is ready to usage it again in practice.
Although the detainees have already been released, the investigation continues and its finale may have far-reaching consequences. Above all, it can complicate Belgium's diplomatic relations with Israel. It can besides give impetus to another countries to take akin action against alleged perpetrators of war crimes, regardless of their nationality.
Finally, and possibly most important, this case puts the global justice strategy to the test. Is the global community ready to decision from declaration to action? Will human rights protection take precedence over political calculations? The first answers have already been answered in Belgium. Now the eyes of the planet are on what will be next.
