The Belgian federal prosecutor’s office has initiated an investigation into potential war crimes involving a Belgian soldier who is currently fighting for Israel in Gaza. The soldier, a dual Belgian-Israeli national in his 20s, is alleged to have been involved in the brutal execution of unarmed civilians during the ongoing conflict in the Gaza Strip. This marks a significant moment in the intersection of national and international justice, as Belgium’s legal system confronts allegations of severe human rights violations committed by one of its own citizens.
The soldier under investigation is reported to be a member of the Israeli Defense Forces (IDF) elite sniper unit known as “Refaim.” The unit, which has been actively deployed in the Gaza Strip since October 2023, consists of 21 members, including soldiers from several different national backgrounds: three Americans, two French, one German, one Italian, and the Belgian citizen in question. The soldier, who hails from Uccle, a municipality in Brussels, is now at the center of a high-profile war crimes probe, raising questions about the accountability of soldiers operating in conflict zones and the complexities of enforcing international humanitarian law.
The Belgian investigation was officially launched on Wednesday following a report by Younis Tirawi, a Palestinian journalist and contributor to Bellingcat, an investigative journalism group. Tirawi’s report alleges that members of the Refaim sniper unit were responsible for the unlawful killing of civilians in Gaza, sparking outrage and demands for accountability. According to Tirawi, an American soldier in a leadership role within the unit provided damning evidence, claiming that the unit had targeted civilians, even when they posed no immediate threat or danger.
This testimony has been viewed as a key factor in prompting the Belgian prosecutor’s office to open its investigation. Tirawi’s sources reportedly provided detailed accounts of the sniper unit’s activities, which have been described as violating the principles of international humanitarian law that govern armed conflicts, particularly the protection of civilians.
Belgium’s Justice Minister, Paul Van Tigchelt, addressed the matter before the Belgian parliament on Thursday, affirming the country’s commitment to investigating the claims thoroughly. “Israel has the right to self-defense, but that does not exempt it from its obligation to respect international humanitarian law,” Van Tigchelt stated, underscoring the importance of holding individuals accountable for violations of the laws of war.
Van Tigchelt emphasized that Belgium’s investigation seeks to verify the information reported in the media and by Tirawi, signaling that Belgian authorities are taking the allegations seriously. This investigation puts Belgium at the forefront of legal inquiries into individual accountability in the context of the Israeli-Palestinian conflict, where questions about proportionality, civilian casualties, and compliance with international law have long been contentious.
Under the framework of international humanitarian law, soldiers involved in armed conflicts are required to distinguish between combatants and civilians and to refrain from targeting non-combatants. Violations of these principles can constitute war crimes, making the allegations against the Refaim sniper unit particularly severe. The Belgian-Palestinian Association (ABP) has been quick to respond, filing a criminal complaint against the Belgian soldier, urging the authorities to pursue the case diligently.
In a statement released on Thursday, the ABP called for the Belgian justice system to take an active role in pursuing accountability. “This will help to end the impunity of criminals, as the impunity they enjoy fuels their subsequent crimes,” the ABP said. The organization also expressed its desire for Belgium to cooperate with international courts, emphasizing that Belgium has a responsibility to act when its citizens are involved in crimes under international law.
The concept of “universal jurisdiction” could play a significant role in this case. Under Belgian law, the country has jurisdiction over certain crimes, including war crimes, even if they are committed abroad, provided that Belgian citizens are involved either as perpetrators or victims. This principle has previously allowed Belgian courts to pursue cases related to international crimes, making this current investigation particularly notable as it could extend beyond national borders and into the realm of international justice.
While Israel has not formally commented on Belgium’s investigation, the allegations come at a time of intense scrutiny of the IDF’s actions in Gaza. The conflict, which reignited in 2023 following a series of deadly exchanges between Hamas and Israeli forces, has resulted in significant loss of life, including a large number of civilian casualties. International organizations, including the United Nations, have repeatedly called for adherence to international humanitarian law, reminding all parties involved in the conflict of their obligations to protect civilians and ensure proportionality in military operations.
The IDF has consistently defended its operations as necessary to combat Hamas, a militant organization that governs Gaza and has been responsible for launching thousands of rockets into Israeli territory. Israel argues that it faces an existential threat from Hamas and other militant groups, which use civilian areas in Gaza to launch attacks, complicating efforts to distinguish between combatants and non-combatants. However, allegations of disproportionate force and indiscriminate targeting have continued to surface, leading to international criticism.
Younis Tirawi’s investigation and the role of organizations like Bellingcat highlight the growing importance of investigative journalism in holding military forces accountable. Bellingcat, known for its use of open-source intelligence (OSINT) and collaboration with local journalists, has played a pivotal role in uncovering human rights violations in conflict zones around the world. In this case, Tirawi’s reporting has acted as a catalyst for a formal legal investigation, demonstrating the power of journalism in advancing justice, particularly when state mechanisms are slow to respond.
Tirawi’s investigation relied on testimony from inside the Refaim unit, adding a layer of credibility to the claims that has spurred the Belgian prosecutor’s office into action. The whistleblower, an American soldier, reportedly provided both written testimony and photographic evidence that corroborated the allegations. This kind of first-hand testimony is crucial in war crimes investigations, where access to the conflict zone is often restricted, and obtaining independent verification of events is challenging.
The investigation into the Belgian-Israeli soldier’s actions also raises complex ethical and legal questions for Belgium. On one hand, Belgium has a duty to protect its citizens’ rights, including those who serve in foreign militaries. On the other hand, the country is bound by international treaties, including the Geneva Conventions, to investigate and prosecute war crimes, irrespective of who the perpetrators may be. This dual obligation reflects the delicate balance that nations must navigate when their citizens are implicated in global conflicts.
Furthermore, Belgium’s investigation may set a precedent for how European countries handle similar cases in the future. As more European citizens become involved in conflicts abroad, either as fighters or through other forms of participation, national governments will need to grapple with the question of jurisdiction and responsibility. The outcome of this case could influence how other nations approach allegations of war crimes involving their nationals, potentially leading to more robust mechanisms for accountability.
As the investigation unfolds, there are several key developments to watch for. First, the Belgian prosecutor’s office will need to gather evidence to either substantiate or refute the claims made by Tirawi and his sources. This will likely involve close coordination with Israeli authorities, international legal bodies, and human rights organizations. The process could take months or even years, depending on the complexity of the case and the availability of evidence.
The involvement of the ABP and other advocacy groups suggests that there will be continued public pressure on the Belgian government to pursue the investigation with urgency. This pressure could influence the pace and scope of the investigation, particularly if new evidence emerges or if other countries decide to launch their own inquiries into the actions of their citizens within the Refaim unit.
The investigation into a Belgian soldier serving in the IDF could have far-reaching implications for how war crimes are prosecuted, especially in conflicts where the line between combatants and civilians is often blurred. It could also spark wider discussions about the responsibilities of soldiers from multiple nationalities fighting in foreign conflicts, particularly in areas where human rights violations are a constant concern.
