In a landmark ruling, a Brussels Court today ordered the government of the Flemish region in Belgium to block a specific container carrying dual-use items to Israel and also to halt all further transit of military material to Israel for its ongoing genocide against 2.3 million Palestinians in Gaza.

The judge found that the Flemish government has systematically failed to uphold its legal obligations under the Genocide Convention and imposed a fine on it for each military shipment to Israel that may still go through. 

The demands brought forward by BDS partners and allies — INTAL, Vredesactie, 11.11.11 and the Flemish League for Human Rights —  were upheld by the court on all counts.

The container that triggered the court case was transiting through the port of Antwerp. It contains so-called tapered roller bearings, produced by the French company Timken, and destined to the Israeli military company, Ashot Ashkelon Industries.

Ashot has been the sole provider of transmission units for Israel’s Merkava battle tank, which according to the American Friends Service Committee (AFSC) has been the main tank used by the Israeli military for decades. Merkava tanks were part of the January 29, 2024 Israeli killing of 6-year-old Palestinian child Hind Rajab and her six family members. A tank round was found in the remains of the murdered ambulance crew that attempted to rescue her. 

Arms policy full of holes

The court hearing revealed that the Flemish government exercises no active control, conducting checks only when transport companies such as shipping firms request it themselves. “The Flemish arms embargo turns out to be an empty shell,” said Jo Dirix of Vredesactie. “That’s like asking a poacher to please report his illegal activities to the local police in advance.”

The Flemish government is also failing in upholding its international legal obligations. “The Genocide Convention requires states to actively prevent genocide,” said Isabelle Vanbrabant of INTAL. “That starts by ending all involvement in military operations where war crimes are being committed.”

The civil society organizations’ complaint followed their earlier successful blockade of a container in the port of Antwerp. However, a second military shipment to Israel has subsequently departed without issue. Minister-President of the Belgian Flemish region, Matthias Diependaele, had publicly assured that the container would be held as long as the investigation was ongoing. Yet transport documents suggest that a similar shipment with identical parts may have left just days later. On Wednesday, Diependaele stated that a container had been blocked by his services. It remains unclear whether this concerns the same shipment.

Giorgia Gusciglio, European Campaigns Co-coordinator with the BDS movement, said: 

“Activists, movements, civil society organisations, workers and lawyers are sounding the alarm, unveiling state and institutional complicity in Israel’s genocide and are taking meaningful action to end it. This is a testament to the key role BDS partners play in holding complicit governments accountable for their failure to honor their legal obligations under international law.” 

Court speaks in decisive terms

In its ruling, the court immediately prohibits the Flemish government from authorizing any new military shipment transit to Israel. Since 2009, there has been an agreement that no arms going to Israel’s armed forces would be exported — a policy that in practice has been severely undermined by the relevant authorities. To enforce the ban on new transits, the court has imposed a fine of €50,000 for each shipment that still leaves for Israel. The judge criticized the Flemish government for providing little to no information and stated that Flanders gave the impression it “did not have the situation under control.” This passive attitude is particularly problematic given the “crushing responsibility,” the judge said.

“This historic ruling acknowledges that the Flemish government bears a heavy legal responsibility when it facilitates military shipments to a state committing war crimes and plausible genocide,” said Fien De Meyer of the League for Human Rights. “The court has now said what politicians refuse to admit.”

No time to waste in the midst of a genocide

The BDS movement joins the call of its partners and allies to the Belgian and relevant Flemish authorities: immediately enforce the ruling and implement an effective and comprehensive military embargo on Israel. Public pressure and mobilizations must continue until all legal obligations are met to end complicity and stop Israel’s ongoing genocide and illegal occupation against Indigenous Palestinians.

As United Nations Human Rights experts affirm, in order for  States to comply with the ruling of the International Court of Justice (ICJ) regarding Israel’s illegal military occupation and apartheid, they must “Impose a full arms embargo on Israel, halting all arms agreements, imports, exports and transfers, including of dual-use items that could be used against the Palestinian population under occupation.”

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