Belgium's Federal Public Prosecutor's Office is handing over the files on the two members of the Israel Defence Forces (IDF) who were arrested at Tomorrowland to the International Criminal Court.
"The International Criminal Court is currently investigating possible serious violations of humanitarian law in the Palestinian territories," the Federal Public Prosecutor's Office said on Wednesday, Belga News Agency reports.
A complaint was lodged by the Hind Rajab Foundation and the NGO GLAN (Global Legal Action Network) over the presence of two possible Israeli soldiers, suspected of committing war crimes in Gaza, at Tomorrowland on the weekend of 19 and 20 July.
The two are said to be members of the Givati Brigade of the Israeli army. They are believed to have waved their army unit's flag during the performance of an Israeli DJ act.
The Public Prosecutor's Office instructed the police to locate and question the two IDF soldiers, in view of its possible jurisdiction. After having been questioned, the two were released and not prevented from leaving Belgium.
"After analysing the complaints, the Federal Public Prosecutor's office has decided to refer the files to the International Criminal Court (ICC)," it announced on Wednesday.
"This decision was taken in the interests of the proper administration of justice and with respect for Belgium's international obligations, as provided for in Article 14/10 of the preliminary title of the Code of Criminal Procedure," the statement read.
It added: "The International Criminal Court is currently investigating possible serious violations of humanitarian law in the Palestinian territories."
These files will be transferred to the ICC via the Ministry Justice, the central authority responsible for forwarding requests from the Belgian judicial authorities to the international court.
'Belgium has a responsibility'
In response, the Hind Rajab Foundation said they acknowledged the news but believe that Belgium should not have let the soldiers walk free.
"We believe Belgium should have gone further," the organisation said in a statement. "In our view, the suspects should not only have been arrested, but also detained and either prosecuted in Belgium or extradited to the ICC. Belgium has the legal basis and responsibility to do so."
The referral is not a conclusion, the organisation says, but a sign of "diplomatic caution" and that "political considerations should never outweigh the imperatives of justice."
On Tuesday, it was reported that the Israeli Government had summoned a Belgian diplomat following the arrests. The soldiers claim they were assaulted during their arrest. While the Belgian Foreign Ministry has confirmed that the meeting but declined to comment.
The news comes amid heightened diplomatic tensions over the humanitarian crisis in Gaza.
Belgium announced on Wednesday it is sending an army aircraft loaded with medical supplies and food to the Jordanian capital. It also recently joined around 27 other nations in signing a declaration calling for an immediate end to hostilities in Gaza.
EU Member States are also discussing partially suspending Israeli access to the Horizon Europe's start-up fund, but this would need a qualified majority and is currently dividing the bloc.
Ahead of Belgium’s National Day, King Philippe described the situation in Gaza as "a disgrace to humanity" in a televised speech, supported by Prime Minister Bart De Wever.
