Belgian court orders Flanders to halt military transit to Israel

A civil court in Brussels has ordered the Flemish government to block the transit of all military equipment and any goods potentially intended for military use to Israel via Flemish territory, including the Port of Antwerp. This decision follows a legal challenge filed by four Belgian NGOs who argued that such shipments could violate national arms trade laws and international humanitarian law. The Flemish government is appealing the ruling.

The case centres on a container intercepted in Antwerp last month. It contained tapered roller bearings which originated in France and were destined for the Israeli defence contractor Ashot Ashkelon Industries. This company manufactures components for Merkava tanks and Namer armoured vehicles, both of which are currently being used in Gaza. While such bearings are considered 'dual-use', with both civilian and military applications, the court ruled that strict scrutiny is warranted given the risk of military use.

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Despite credible concerns raised by NGOs including Vredesactie, Intal, 11.11.11 and the Belgian League for Human Rights, the court found that the Flemish authorities failed to adequately monitor or control these shipments. These groups claim that military-related goods are routinely exported from Antwerp to Israel and have demanded an immediate halt.

Documented breaches of international law

The judge supported their position, citing Israel's documented breaches of international law since 7 October 2023. References were made to findings by the United Nations and the International Court of Justice concerning violations of international humanitarian law, the laws of war and the Genocide Convention.

The ruling obliges the Flemish government to actively enforce arms trade regulations, imposing penalties of €50,000 for each violation.

Such intervention is not legally permitted

The Flemish government is already appealing the ruling. Flemish minister president Matthias Diependaele questioned “the validity, impact and scope of this judgment, which appears far removed from reality.” According to the Flemish leader, the court is requesting action in cases where “such intervention is not legally permitted.” For that reason, he said, Flanders has no choice but to lodge an appeal.

 

#FlandersNewsService | © BELGA PHOTO DIRK WAEM


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