Belgian prosecutors have closed an investigation into an Israeli soldier and civilian who were briefly detained last week after attending the Tomorrowland music festival, Ynet learned on Wednesday.
The case has been referred to the International Criminal Court (ICC) in The Hague, and under Belgian law, the decision is not subject to appeal.
Israeli officials say the move effectively ends the legal matter, as the ICC is unlikely to pursue action against the individuals in question, who are not high-ranking officials. The case stemmed from complaints filed by the Hind Rajab Foundation, an NGO that has repeatedly targeted IDF soldiers involved in the war in Gaza and initiated legal proceedings in multiple countries.
The two Israelis were detained for questioning in Belgium on suspicion of war crimes, according to the foundation, and were released shortly afterward. The Foreign Ministry later confirmed the incident, saying the men were briefly questioned during their vacation and then let go.
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Earlier Wednesday, the foundation celebrated what it claimed was the Belgian federal prosecutor’s decision to open a criminal investigation and transfer the case to the ICC. However, the legal move amounts to the closure of the case in Belgium. The organization said that the referral “confirms that the matter has reached the highest level of international legal attention.”
The Hind Rajab Foundation criticized Belgian authorities, arguing they should have done more. “In our view, the suspects should not only have been arrested, but also detained and either prosecuted in Belgium or extradited to the ICC,” the group said. “Belgium has the legal basis and responsibility to do so. The current interpretation of its jurisdiction is, in our opinion, unnecessarily limited.”
The foundation further claimed that releasing individuals “credibly accused of war crimes and crimes against humanity not only undermines public trust in justice, but risks reinforcing a sense of impunity and may enable those individuals to commit further atrocities.” It described the ICC referral as a strategic move rather than a legal resolution, accusing Belgium of diplomatic caution amid ongoing accusations of genocide.
The group called on the ICC, which is not expected to take up the complaint, to “act without delay and issue arrest warrants against the suspects. Every day of inaction by international institutions is a day of continued suffering and unaccountability.”