Court bans further transit of all military equipment to Israel in groundbreaking ruling

In a groundbreaking ruling, the Brussels Court of First Instance ordered the Flemish government not only to intercept a specific container of military equipment but also to prohibit any further transit of military equipment to Israel. The judge ruled that Flanders is structurally failing to fulfill its obligations under arms legislation and international treaties and even imposed a penalty for any transit that does proceed. Four Flemish NGOs—Vredeactie, INTAL, 11.11.11 and the League for Human Rights — who brought the case — won on all counts.

The container at issue in the lawsuit is located in the Port of Antwerp. It contains tapered roller bearings, produced by Timken through a French subsidiary, and destined for Ashot Ashkelon Industries, an Israeli defense company that supplies components for Merkava tanks and Namer armored vehicles. According to the organizations, these systems are used daily in the genocide in Gaza.

Gun policy as leaky as a sieve

The hearing revealed that the Flemish government does not actively monitor, and only carries out weapons inspections when transporters such as shipping companies request them. The Flemish arms embargo has proven to be an empty shell. It's like asking a poacher to please report his illegal activities to the local police station beforehand.

The Flemish government is also failing to meet its international obligations. The Genocide Convention obligates states to actively prevent genocide. This begins with ceasing all involvement in military operations where war crimes are committed.

The complaint came after the NGOs had an earlier container blocked in the port of AntwerpMeanwhile, a second shipment departed for Israel without incident. Minister Matthias Diependaele publicly stated that the container in question would be held while the investigation was ongoing. However, a few days later, according to transport documents, a similar shipment containing identical parts may have departed, again for Israel. Diependaele announced on Wednesday that his services had held up a container. It is unclear whether this was the same shipment.

Judge speaks clearly

In her statement the court immediately prohibits the Flemish government from allowing new transit to IsraelSince 2009, there has been an agreement that no weapons that could strengthen the armed forces would be exported to Israel – a policy that has been severely undermined in practice. 

To prevent new transit of military equipment, the court even imposes a duty on the government a penalty of 50.000 euros per load who is still leaving for IsraelThe judge accused the Flemish government of providing little information, stating that Flanders thereby gave the impression of "not having the matter under control." This passive attitude is all the more problematic given the "crushing responsibility," according to the judge.

This historical statement Recognizes that the Flemish government bears overwhelming legal responsibility if it facilitates military missions to a state that commits war crimes and possibly genocide. The court asserts what the politicians refuse to acknowledge.

No holiday for genocide

The organizations responded with satisfaction and now demands immediate execution of the verdict and reforms to make Flemish export policy coherent. They insist on an effective arms embargo, active enforcement, and full transparency regarding all ongoing dossiers.

The Flemish government must stop looking the other way. As long as military equipment flows to Israel, no government or member of parliament should acquiesce. Politicians are now taking a recess, but genocide doesn't take a vacation. This verdict must be the starting point for true political responsibility.