Belgium: justice points out the State’s failings in the face of the risk of genocide in Gaza, NGOs welcome a “historic” decision

Four pro-Palestinian associations welcomed, on Monday March 23, a decision by the Brussels Court of Appeal which they described as “historic”. Made on March 16 in summary proceedings, this decision marks, according to them, an important turning point in the application of international law to the Israeli-Palestinian conflict.

The Right for Gaza collective, the Belgian-Palestinian Association (ABP), the CNAPD and SOS Gaza had urgently taken legal action against the Belgian state, which they accuse of inaction in the face of the situation in Gaza. In its judgment, the Court of Appeal first recognizes its jurisdiction to verify whether Belgium is respecting its international obligations, particularly in terms of preventing a risk of genocide and serious violations of the Geneva Conventions. A first, according to the associations.

Then, justice points to a fault on the part of the Belgian State, considering that it did not take all reasonable measures in time to prevent or put an end to the crimes accused of Israel. The court recalls that these obligations existed from January 26, 2024, after the recognition by the International Court of Justice of a serious risk of genocide in Gaza. Finally, the judges criticize the lack of transparency of the Belgian authorities regarding the measures taken to prevent the transit of goods for military use. On this point, the debates will continue, with a hearing scheduled for March 30.

For NGOs, this decision reinforces the demands placed on States in terms of respect for international law and the protection of civilian populations.