A Complaint at a Music Festival

The case emerged on July 20, when both organizations filed a complaint with the Belgian federal prosecutor against two members of the Israeli army’s Givati Brigade who were attending the Tomorrowland music festival with their military flags.

The complaint accused them of direct involvement in war crimes and acts potentially constituting genocide in Gaza — specifically, indiscriminate attacks on civilian areas, torture, and forced displacement.

The festival later clarified that military flags are not permitted and are removed by security when spotted. “We apply a consistent policy: we either allow all flags or none,” said festival spokeswoman Debby Wilmsen. “We chose inclusivity, as long as the flags don’t incite hatred.”

Belgium’s federal prosecutor responded swiftly. On Monday, the two soldiers were located, taken into custody, and interrogated. Though they were later released, the prosecutor confirmed that a formal criminal investigation is now underway.

This legal action is grounded in a new provision of Belgium’s Code of Criminal Procedure that came into effect in April 2024, the prosecutor said. It allows Belgian courts to prosecute international crimes committed abroad, provided they fall under international treaties Belgium has ratified — such as the 1949 Geneva Conventions and the 1984 UN Convention Against Torture.

A Legal and Symbolic Breakthrough

Though Belgium did not detain the soldiers beyond questioning, the arrest marked a pivotal moment. “This is a turning point,” said Dyab Abou Jahjah, the chairman of the Hind Rajab Foundation. “It’s the first time a country not only acknowledged jurisdiction over war crimes committed in Palestine but actually took action and arrested Israeli soldiers.”

“This is historic. No Israeli soldier has ever been arrested in connection with war crimes against Palestinians — not in seventy-seven years. While we would have preferred that they be held in custody, even a limited arrest sends a message.”

Jahjah emphasized that Belgian authorities could have waited until the soldiers were leaving the country. “But they didn’t. They went into the festival at night and pulled them out. That’s a deliberate and powerful signal.”

“We will continue to file legal complaints wherever Israeli soldiers travel,” said Jahjah. “This is a warning to anyone who has committed crimes in Gaza: traveling abroad may no longer be safe.”

The Hind Rajab Foundation’s strategy focuses on targeting individual soldiers, especially dual nationals or those traveling to countries with universal jurisdiction provisions. Since its establishment in September 2024, the foundation has worked with legal partners to gather documentation — including videos and images taken during the soldiers’ service in Gaza — and file cases in multiple countries, including France, the Netherlands, Brazil, and the UK.

In October 2024, the Hind Rajab Foundation submitted a report to the ICC identifying 1,000 Israeli soldiers, backed by over 8,000 pieces of evidence — mostly from social media — implicating individuals in attacks on civilians and the destruction of Palestinian homes.

The foundation operates as part of the March 30 Movement, dedicated to pursuing accountability for war crimes, crimes against humanity, and human rights violations against Palestinians. Its growing network continues to track, document, and pursue cases involving Israeli soldiers globally.

The Road Ahead: Legal Challenges and Diplomatic Pressure

In December, the Israel Defense Forces (IDF) warned around thirty soldiers and officers who had fought in Gaza to avoid international travel due to pending complaints. The following month, Israel’s Foreign Ministry identified at least twelve legal complaints filed in countries including Brazil, Sri Lanka, Thailand, Belgium, the Netherlands, Serbia, Ireland, and Cyprus.

Prior to the Belgian case, there was only one other incident: earlier this year, a Brazilian court opened an investigation into a visiting Israeli soldier who later fled to Argentina with help from the Israeli Foreign Ministry and IDF. In response, Israel established an interministerial team to assess legal threats abroad.

Despite Israel’s strong diplomatic ties with many European countries, this case may now set a precedent for similar legal actions in Europe. “Countries such as Germany, France, and the Netherlands have provisions in their domestic law that allow for universal jurisdiction over foreign nationals alleged to have committed serious crimes abroad,” said Thorp of ECCHR.

“These arrests could set a precedent and encourage more universal jurisdiction complaints in Europe, especially amid growing recognition of war crimes in Gaza,” she added.

“However, legal hurdles such as the requirement for the accused to be physically present, evidentiary burdens, and political pressure may limit the impact. Moreover, strong diplomatic ties with Israel could result in pushback.”

Legal Risk for Dual Nationals and Political Consequences

Israeli soldiers with dual citizenship who returned to serve in the military during the Gaza war after the October 7 attack now face increased legal risks. In June, Canada opened an investigation into war crimes potentially committed by Canadian-Israeli soldiers. Some now fear returning to Canada. In France, a legal complaint was filed against two dual-nationals alleged to have committed crimes while serving in the IDF.

Meanwhile, concerns are growing that senior Israeli officials could face prosecution at the ICC. The court has already issued arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant over alleged war crimes. Separately, Israel faces accusations of violating the Genocide Convention in a case at the International Court of Justice (ICJ).

Nimrod Goren, president of Mitvim — the Israeli Institute for Regional Foreign Policies — told Jacobin that the legal risks for Israeli nationals abroad are increasing.

“Complaints have been filed in various countries, but most were dismissed,” he said. “Still, the growing public opposition to Israel’s actions in Gaza is becoming a concern for Israeli diplomacy.”

Goren added that the Israeli government is pushing back diplomatically. “Israel insists on the legitimacy of its actions and condemns such legal pursuits,” Goren added. “But ultimately, the best way to improve Israel’s international standing is to end the war in Gaza and pursue peace.”

The Bigger Picture: A Test for Europe’s Legal Conscience

With the ICC still considering arrest warrants for Israeli officials, many European governments have remained cautious. Yet the dilemma is stark: Israel’s closest allies in Europe, like Germany, risk violating their international obligations by supplying arms to Israel or ignoring ICC warrants. Germany had to defend itself against Nicaragua’s accusations of violating its obligation to prevent genocide at the ICJ.

In March 2025, a group of German international law scholars called on the German government to uphold its legal and moral responsibilities under international and constitutional law. The open letter urged Berlin to respect international court rulings, enforce ICC arrest warrants against Israeli leaders Netanyahu and Gallant, and suspend arms exports that could be used in violations of international law.

“Israel and its allies are at a legal and diplomatic crossroads,” said Thorp. “Countries like Germany — longtime supporters of Israel — face the risk of being found complicit in violations of international law if they continue to provide arms or ignore the ICC arrest warrants.”

“For Israel, this could mean growing international isolation, restricted mobility for military and political officials, and mounting legal and diplomatic pressure.’’

This Belgian case, which was initiated by civil society actors rather than governments, may mark the beginning of a more decentralized wave of legal challenges.

“Justice doesn’t come overnight,’’ said Jahjah. “But we’ve sent a clear message: impunity now has borders — and we’re not stopping here.’’

While the outcome of the Belgian investigation remains uncertain, this arrest sets a precedent. It could shift the conversation on Gaza from symbolic protest to tangible legal consequences, potentially redefining how Europe addresses accountability for alleged war crimes in Palestine.