The International Criminal Court (ICC) issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu on Thursday. Belgium is legally obliged to comply with the ruling but would it carry out an arrest if Netanyahu set foot on Belgian soil?
The ICC is a global court founded in 2022 and its chief role is to investigate war crimes. It has 124 members, including all 27 EU Member States. Neither Israel nor the US are part of the ICC.
On Thursday, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanhayu, his former defence minister Yoav Gallant and the head of the armed wing of Hamas, Mohammed Deif, for war crimes and crimes against humanity.
'Belgium fully supports the ICC'
Having signed the Rome Treaty that established the ICC, Belgium is legally obliged to arrest Netanyahu if he enters the country, as unlikely as the situation is.
"The Ministry of Justice has a unit that is dedicated to cooperation with the ICC," Olivier Corten, a professor of law at ULB, told The Brussels Times. "In these cases, they put together a file, which is then passed on to the forces of law and order to carry out the arrest."
"There's no need to develop an additional legislative or other framework. Legally speaking, everything is in place."
While Belgium has publicly reiterated its support for the ICC following Thursday's announcement, its position becomes more ambiguous when explicitly asked whether or not it would arrest Netanyahu in the event.
When contacted by The Brussels Times, the Home Affairs Ministry did not respond to a request for comment. The Foreign Affairs Ministry recommended contacting the Justice Ministry, who declined to comment on the record.
The fight against impunity wherever crimes are committed is a priority for Belgium, which fully supports the work of the @IntlCrimCourt.
Those responsible for crimes committed in #Israel and #Gaza must be prosecuted at the highest level, regardless of who committed them. pic.twitter.com/HgruPgPDqp — 🇧🇪 Belgium MFA (@BelgiumMFA) November 21, 2024
Belgium is in an "uncomfortable diplomatic situation" but cannot shy away from the legal reality, according to Corten, who highlights the compliance with the arrest of Congolese war criminal Jean-Pierre Bemba in Belgium in 2008 as well as the ICC arrest warrant for Russian President Vladimir Putin following the Russian invasion of Ukraine in February 2022.
"Europe's allegiance to international criminal justice is being put to the test," he said. "It was strongly affirmed in relation to Ukraine – let's see how it applies to this case."
Arrest warrant is not political
The arrest warrant for Netanyahu constitutes the first one issued for a Western-backed leader. Netanyahu dismissed the warrant as "anti-semitic", outgoing US President Joe Biden said the decision was "scandalous" and far-right European leaders Geert Wilders of the Netherlands and Viktor Orbán of Hungary both say they will defy the ruling.
Outgoing EU Foreign Affairs chief Josep Borrell says the orders are not political and must be "respected and executed."
"These decisions are binding on all States party to the Rome Statute, which includes all EU Member States," he said.
