Gearóid Ó Cuinn

Two Israeli soldiers were arrested at the Tomorrowland music festival in Belgium last week on the foot of a complaint submitted to Belgian authorities by the Hind Rajab Foundation and the Global Legal Action Network (GLAN).

It was the first time anywhere in Europe that Israeli suspects linked to crimes in Gaza have been subjected to formal arrest and questioning.

The pair, who were allegedly spotted flying the flag of the Givati Brigade of the Israeli Defense Forces (IDF) while at the festival, were subsequently released.

The Belgian federal prosecutor has now decided to refer the case to the International Criminal Court (ICC) in The Hague, invoking Belgium’s cooperation framework with the ICC.

Dr Gearóid Ó Cuinn, founding director of the GLAN, said: “The Belgian federal prosecutor’s decision to refer this case to the ICC marks a crucial acknowledgment of the gravity of the alleged crimes committed in Gaza by these ISF soldiers and the rights of victims to justice.”

However, he added that domestic authorities “can and should do more to arrest and prosecute war crimes suspects — to do so is to comply with obligations under international law”.

“Instead, Belgium released alleged perpetrators who are potentially free to return and commit further criminal acts in Gaza,” he said.

GLAN has urged the ICC to issue arrest warrants against the suspects.

The Belgium-based Hind Rajab Foundation has said it will continue to pursue all war crimes suspects entering the country and work together with legal networks across Europe to uphold universal jurisdiction.