Belgian police question two Israelis over war crimes accusations – The Guardian

Belgian police question two Israelis over war crimes accusations – The Guardian

 

Report on Belgian Judicial Action in Relation to International Humanitarian Law and Sustainable Development Goals

Incident Summary and Initial Actions

Belgian authorities have reported the brief detention and questioning of two Israeli citizens following allegations of war crimes. The individuals were attending the Tomorrowland electronic music festival near Antwerp when legal complaints were filed against them by pro-Palestinian organizations.

The federal prosecutor’s office confirmed it had received complaints asserting that two Israeli soldiers, allegedly responsible for “serious violations of international humanitarian law” in Gaza, were present at the event. The sequence of actions taken by the authorities is as follows:

  1. Receipt of legal complaints from civil society groups.
  2. Issuance of a directive to police to locate and interview the named individuals.
  3. Execution of interviews with the two persons.
  4. Subsequent release of the individuals pending further investigation.

Legal Framework and Alignment with SDG 16: Peace, Justice and Strong Institutions

The response by the Belgian judiciary is a significant application of international legal principles and directly supports the objectives of Sustainable Development Goal 16, which aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.

  • Target 16.3: Promote the rule of law and ensure equal access to justice. The decision by the prosecutor’s office to act upon the complaint was based on the principle of extraterritorial jurisdiction for alleged war crimes. This action underscores a commitment to the rule of law on an international scale and endeavors to provide a mechanism for justice regardless of where alleged crimes are committed.
  • Target 16.a: Strengthen relevant national institutions. The capacity of the Belgian federal prosecutor’s office and police to investigate such complex international allegations demonstrates the strength and accountability of its national institutions, a core component of SDG 16.

The Role of Civil Society Partnerships in Pursuing Global Goals (SDG 17)

The incident highlights the critical role of civil society in monitoring and advocating for international justice, aligning with SDG 17, which emphasizes partnerships for the goals.

  • Target 17.17: Encourage and promote effective public, public-private and civil society partnerships. The legal action was initiated through a collaboration between the Hind Rajab Foundation (HRF), a Belgian organization, and the Global Legal Action Network, a group of human rights lawyers. This partnership exemplifies how non-governmental entities can work together to leverage legal systems in pursuit of accountability for human rights violations.
  • The complaint was reportedly filed after a group at the festival was seen with a flag of the Givati Brigade, an Israeli military unit active in Gaza, prompting the organizations to utilize legal channels to demand accountability.

Analysis of Sustainable Development Goals (SDGs) in the Article

  1. Which SDGs are addressed or connected to the issues highlighted in the article?

    The primary SDG connected to the issues in the article is:

    • SDG 16: Peace, Justice and Strong Institutions

      Explanation: The article revolves around themes of justice, international law, and the role of national institutions in addressing alleged war crimes. The core events—filing legal complaints for “serious violations of international humanitarian law,” the investigation by a national prosecutor’s office, and the principle of “extraterritorial jurisdiction”—are all central to the mission of SDG 16, which aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.
  2. What specific targets under those SDGs can be identified based on the article’s content?

    Based on the article, the following specific targets under SDG 16 can be identified:

    • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.

      Explanation: The article’s premise is the accusation of “war crimes” and “grave international crimes” committed during “fighting in the Palestinian territory.” These acts represent the most extreme forms of violence that this target aims to reduce. The legal action is a response to this violence.
    • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

      Explanation: This target is directly addressed. The action of the Hind Rajab Foundation and the Global Legal Action Network to file “a complaint with prosecutors” demonstrates an attempt to use legal channels to seek justice. The response from the Belgian “federal prosecutor’s office,” which acknowledged its “extraterritorial jurisdiction over alleged war crimes” and initiated an investigation, is a clear example of promoting the rule of law and providing access to justice, even for crimes committed outside its national borders.
    • Target 16.a: Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime.

      Explanation: The article highlights the role of a strong national institution. The Belgian prosecutor’s office is shown to be an effective and independent body capable of interpreting and acting upon complex international law. Its decision to investigate the complaint demonstrates the strength and capacity of a national judicial institution to combat impunity for “grave international crimes.”
  3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

    The article implies several qualitative and quantitative indicators that can measure progress:

    • Indicator for Target 16.1 (Implied): Indicator 16.1.2 – Conflict-related deaths per 100,000 population, by sex, age and cause.

      Explanation: While the article does not provide statistics, the context of “war crimes” and “fighting in the Palestinian territory” directly relates to measuring deaths and violence in conflict zones. The allegations are about the consequences of this violence, which this indicator is designed to track.
    • Indicator for Target 16.3 (Implied): Indicator 16.3.1 – Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.

      Explanation: The article provides a direct example of this indicator in action. The pro-Palestinian organizations, acting on behalf of alleged victims, “filed a complaint with prosecutors.” This act of reporting alleged crimes to a “competent authority” (the Belgian prosecutor’s office) is precisely what this indicator measures to gauge access to justice.
    • Indicator for Target 16.a (Implied): Indicator 16.a.1 – Existence of independent national human rights institutions in compliance with the Paris Principles.

      Explanation: The Belgian prosecutor’s office, by acting on a complaint regarding international humanitarian law and asserting its jurisdiction, functions as an institution upholding human rights. Its independent action to “locate the two people,” “interview them,” and conduct an “investigation” demonstrates the existence and operational capacity of a national institution dedicated to justice, which is the focus of this indicator.
  4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article.

    SDGs Targets Indicators (Implied from the Article)
    SDG 16: Peace, Justice and Strong Institutions 16.1: Significantly reduce all forms of violence and related death rates everywhere. 16.1.2: The context of “war crimes” and “fighting in the Palestinian territory” implies the relevance of measuring conflict-related deaths.
    SDG 16: Peace, Justice and Strong Institutions 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. 16.3.1: The act of pro-Palestinian groups filing a “legal complaint” with the prosecutor’s office on behalf of victims.
    SDG 16: Peace, Justice and Strong Institutions 16.a: Strengthen relevant national institutions… to prevent violence and combat… crime. 16.a.1: The Belgian prosecutor’s office acting as an independent institution to investigate alleged war crimes based on the principle of extraterritorial jurisdiction.

Source: theguardian.com