Prosecutors act on Gaza abuse claims tied to soldiers filmed at Tomorrowland; rights groups call it only a “first step”
Belgian authorities have referred a war crimes complaint against two Israeli soldiers to the International Criminal Court, a move that may further strain relations between Brussels and Tel Aviv. The complaint, filed by the Hind Rajab Foundation and supported by the Global Legal Action Network, accuses the soldiers of involvement in serious abuses during operations in Gaza.
The referral, confirmed by the Belgian Federal Prosecutor’s Office on Tuesday, comes amid growing international scrutiny over Israel’s conduct during its ongoing military campaign in the Palestinian territories. It’s the first time Belgium has officially escalated a Gaza-related case to the ICC since the latest phase of the conflict erupted last October.
A Flag, A Festival, A Firestorm
What sparked this complaint was not a battlefield video. It was a party — and a flag.
The two Israeli soldiers in question were identified after they were seen waving the Givati Brigade flag during a surprise DJ set by an Israeli performer at the Tomorrowland music festival in Boom, Belgium earlier this month. That moment, shared widely on social media, caught the attention of war crimes investigators.
Both soldiers were off duty. But according to the Hind Rajab Foundation, their public celebration — while their unit was being implicated in operations tied to civilian deaths — made them a “symbol of impunity.”
The complaint doesn’t accuse them of acts committed in Belgium. Instead, it connects them to specific incidents in Gaza earlier this year. The Foundation claims to have obtained testimonies and footage linking the Givati Brigade to attacks on civilian shelters in Khan Younis and Beit Hanoun.
Belgian Prosecutors Pass the Baton
Belgium’s Federal Prosecutor’s Office said it was forwarding the case “in accordance with international obligations” — referring to its duty under the Rome Statute, the treaty that established the ICC.
But the phrasing was cautious. A spokesperson told Belga news agency:
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“The International Criminal Court is currently investigating possible serious violations of humanitarian law in the Palestinian territories. This complaint has therefore been referred to the court.”
That’s it. No charges. No names officially disclosed.
Still, rights groups say even that referral is rare — and long overdue.
Frustration from Rights Campaigners
The Hind Rajab Foundation, named after a six-year-old Palestinian girl killed in Gaza in February, said the move was “a bare minimum” and criticized Belgian officials for their silence in public.
“We filed this complaint weeks ago. It took widespread media pressure and an international outcry just to get a referral,” said Sara Rachidi, the foundation’s legal advisor. “Belgium could have opened its own criminal investigation. It didn’t.”
The Global Legal Action Network, which helped draft the complaint, echoed that frustration in a statement on Wednesday:
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“While we welcome Belgium’s referral to the ICC, we remain concerned by the lack of urgency and the absence of concrete steps to hold individual perpetrators to account under domestic jurisdiction.”
One Country, One Complaint — For Now
Belgium is one of the few European countries where universal jurisdiction laws allow for the prosecution of war crimes committed abroad — even if the suspect or victim is not a Belgian citizen.
But those powers are rarely used.
In this case, prosecutors opted not to pursue a domestic case. Here’s a look at what they could have done:
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Investigate the soldiers directly under Belgian war crimes law.
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Seek cooperation with other EU states to expand witness protections.
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Impose travel restrictions or visa bans pending further ICC proceedings.
Instead, they passed the file along to The Hague.
Table: What Happens After a War Crimes Complaint Reaches the ICC?
| Stage | Description |
|---|---|
| Referral by State | Country sends case to the ICC; doesn’t guarantee investigation |
| Preliminary Examination | ICC decides if it has jurisdiction and sufficient gravity |
| Formal Investigation | Prosecutors collect evidence, identify suspects |
| Indictment & Arrest Warrant | If sufficient proof found, ICC issues charges |
| Trial or Dismissal | If arrested, suspect is tried in The Hague or case is closed |
As of now, the ICC’s Gaza investigation remains ongoing, with no public indictments of Israeli personnel. However, prosecutors have suggested that both Israeli and Palestinian actors are under review.
Israel’s Reaction: Silence So Far
As of late Wednesday, the Israeli government had not commented on the Belgian referral. But Tel Aviv has long refused to recognize the ICC’s jurisdiction over the Palestinian territories.
Israeli officials argue the court lacks legal standing to intervene, citing the fact that Palestine is not a sovereign state. Prime Minister Benjamin Netanyahu has repeatedly called the ICC’s Gaza probe “absurd” and “anti-Semitic.”
Still, the soldiers’ appearance at Tomorrowland may have forced a delicate PR crisis for Israel abroad.
The flag-waving video — filmed during a set attended by thousands — was initially promoted on IDF-affiliated social media pages. But it was quietly taken down two days later.
A Pattern of Legal Action Building Up
This isn’t the first time a European country has faced calls to prosecute Israeli military personnel under international law.
Earlier this year:
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Spain’s Public Prosecutor received a dossier on airstrikes in Rafah.
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Norway’s Parliament debated opening inquiries into arms trade with Israel.
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Ireland’s foreign ministry backed an ICC investigation in a rare public statement.
But most of these efforts stopped short of full legal action.
Belgium’s move may mark a turning point — or just another symbolic gesture.
The Bigger Picture: ICC Probe Gathers Steam
The ICC’s Chief Prosecutor, Karim Khan, has signaled growing concern over the situation in Gaza. In May, Khan confirmed that his office was looking into “crimes committed by all parties” since October 7, 2023.
His office is expected to release updates later this year on the status of the probe, which covers:
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Deliberate targeting of civilians
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Use of starvation as a weapon of war
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Hostage-taking and collective punishment
Legal experts say it could take months — even years — for indictments to emerge. But the pressure is mounting.
And now, thanks to Belgium, that pressure just got a little more official.
