Belgian court bans transit of military goods to Israel

Flemish region is home to Antwerp, one of the largest ports in Europe

Inspections of military exports at Antwerp in Belgium take place only on the request of transporters, judges found. AFP

A Belgian court on Thursday ordered the regional Flemish government to block the transit of military goods bound for Israel, including through the port of Antwerp.

The court said it would enforce a €50,000 ($58,000) fine per shipment if the government violated the regulation. Antwerp is the second largest container port in Europe.

The four Flemish NGOs that filed the case accused the Flemish government of "not intervening decisively enough" in its monitoring of equipment exported to Israel for potential military use, the court said in a statement. "The interim relief judge believes this fear is apparently well-founded," it said.

The NGOs - Vredeactie, INTAL, 11.11.11 and the League for Human Rights - said military equipment destined for Israel is likely used by the Israeli military in Gaza. "This historic ruling recognises that the Flemish government bears a crushing legal responsibility for facilitating military missions to a state that commits war crimes and possibly genocide," they said.

The judge also ordered the seizure of a container destined for Israeli defence company Ashot Ashkelon Industries containing spare parts, produced in France, for armoured vehicles. Court documents show that plaintiffs argued this shipment was not an "isolated incident," pointing out four other ships suspected of carrying military goods departed for Israel in the past few weeks.

The International Court of Justice says it is plausible that Israel is committing genocide in Gaza. AFP

The court found the Flemish authorities had a "passive attitude", described as "problematic", and inspect such shipments only after a request by transporters, giving the impression they are not in control of the situation, the NGOs said.

The judge supported their position by citing Israel's documented breaches of international law in Gaza since October 7, 2023, Belgian press agency Belga reported. References were made to findings by the UN and the International Court of Justice concerning violations of international humanitarian law, the laws of war and the Genocide Convention.

Israel and close allies, including the US, have rejected accusations of genocide, which were described last year by the ICJ as "plausible". The accusation has been endorsed by human rights organisations and nations such as Ireland. Israel says the high death toll is unavoidable because the war is taking place in a densely populated area.

In 2009, Belgium decided to not issue arms exports licences that would strengthen the Israeli military forces, though goods can be sent to Israel in some cases, such as if they are then re-exported to a third country. Reports indicate the decision has not been respected. "The Flemish arms embargo has proven to be an empty shell," the NGOs said.

Last month, hundreds of pro-Palestinian protesters blocked access to two Belgian defence companies accused of complicity in Israel's war on Gaza. The chief executive of one of the companies, a subsidiary of Israeli weapons manufacturer Elbit systems, accused the protesters of vandalising equipment destined for Ukraine.

The Gaza war was triggered by a Hamas attack on Israel, which resulted in the deaths of around 1,200 people. Israel's retaliatory military offensive has killed at least 58,667 Palestinians.

Israel has breached a human rights clause that is included in its relations with the EU during the Gaza war. AFP

The high death toll and reports of starvation have put the European Union under pressure to review its relations with Israel, though with little effect so far.

The EU's 27 foreign ministers decided to not launch retaliatory measures this week, despite ascertaining that Israel had breached a human rights clause governing relations with the bloc. They instead agreed to monitor a deal struck recently with Israel to allow more aid into Gaza.