Belgium to refer Israeli war crimes investigation to ICC

Belgian authorities have referred an investigation into two Israelis accused of war crimes in Gaza to the International Criminal Court (ICC), the federal prosecutor’s office said on Wednesday.

According to AFP, the two men identified as soldiers by the pro-Palestinian Belgian NGO Hind Rajab Foundation (HRF) were detained on 18 July at the Tomorrowland music festival near Antwerp.

Complaints filed by HRF led to their detention and questioning by Belgian police. Both Israelis were later released without conditions, according to the federal prosecutor. 

On Wednesday, the prosecutor said that after analysing the two complaints, the cases have been transferred to the ICC in The Hague, adding that the court is "already conducting an investigation into potential serious violations of international humanitarian law committed in the Palestinian territories".

On 21 July the prosecutor had said that it "might have jurisdiction" to prosecute the two Israelis, citing a legal provision that grants Belgian courts universal jurisdiction over war crimes, crimes against humanity, and genocide.

The HRF accuses the two Israeli soldiers of arbitrarily detaining civilians in Gaza and using "torture and human shields".