Abhishek G BhayaIn a historic ruling that could set a legal precedent worldwide, a local court in Belgium has stopped arms shipments to Israel through the Antwerp Port, citing the Netanyahu government’s “genocidal conduct” in the war in Gaza.
In its ruling last month, the Brussels Court of First Instance ordered the regional Flemish government to halt the transit of military equipment to Israel, explicitly grounding its decision in the UN Genocide Convention and other international treaties.
The Dutch-speaking court repeatedly referenced “genocide” in its ruling — using the term 16 times — while prohibiting the transit of military-related goods from the Port of Antwerp to Israel. It also invoked “Genocideverdrag” (Genocide Convention) four times.
TRT World has received a copy of the original Dutch ruling and has relied on an online English translation to corroborate the quotes and key findings cited here.
The July 17, 2025, ruling came in response to a case brought by four Flemish NGOs — Vredesactie, INTAL, 11.11.11, and the League for Human Rights — who argued that military components shipped through Antwerp were being used in Israeli tanks and armoured vehicles involved in what they described as “the genocide in Gaza.”
It blocked a specific shipment of “tapered roller bearings” bound for Ashot Ashkelon Industries, an Israeli defence contractor, and also imposed a blanket ban on future transits of such materials, with a penalty of 50,000 euros (about $58,600) for each violation.
Prohibits the Flemish Government from authorising any transit of defence-related products or other materials suitable for military use to Israel for as long as there is a real and serious risk that such goods may be used in the commission of genocide, crimes against humanity, or war crimes in Gaza.
Rights groups have described the decision as “unprecedented” in Europe since the Gaza war began.
“This is an important precedent, especially regarding the shipment of weapons that could be used in the genocide against the Palestinians,” Lichen Ullmann, coordinator of the Flemish peace organisation Vredesactie, told TRT World. She underlined that the ruling affirms the obligation of states to prevent genocide before it occurs.
Fien De Meyer of the Flemish Human Rights League, a co-plaintiff, said the court was persuaded because the defence did not dispute the shipment’s contents or destination.
“The judge agreed that the Flemish government was not adequately adhering to the requirements of the Arms Trade Treaty and its own regulations,” she explained.
The Brussels ruling came after months of mounting global criticism over the humanitarian catastrophe in Gaza, where more than 61,000 Palestinians — most of them women and children — have been killed, according to the Gaza Health Ministry. International agencies have warned of famine, with dozens dying from malnutrition.
The plaintiffs have made it prima facie plausible that a licence should not be granted because there is a serious and real risk the bearings will be used in defence-related equipment deployed for genocidal acts or violations of international humanitarian law.
Real risk of ‘genocidal acts’
The court found that Israel’s actions in Gaza since October 7, 2023, have been described by UN bodies, experts, and major NGOs such as Amnesty International as genocide, with the International Court of Justice (ICJ) deeming it “plausible” that Palestinians’ rights under the Genocide Convention are being violated.
It noted staggering civilian losses — tens of thousands dead, mostly women and children — and concluded that Belgium, as a party to the Genocide Convention and Geneva Conventions, is obliged to prevent any contribution to such acts.
Citing Flemish arms trade laws, the Arms Trade Treaty and EU dual-use regulation, the court ruled that there is a serious and real risk that the tapered roller bearings in question could be used by Israel in “genocidal acts.”
It held that “the prevention of genocide and the protection of civilian lives in Gaza outweigh the economic interests at stake,” and ordered a ban on the transit of any defence-related goods to Israel for as long as such risks persist.
The court finds that the prevention of genocide and the protection of civilian lives in Gaza outweigh the economic interests at stake. The possible financial loss to a company or trade route cannot be compared with the irreparable harm resulting from civilian deaths and large-scale violations of humanitarian law.
In its reasoning, the court concluded that “the plaintiffs demonstrate prima facie that a license should not be issued, because there is a substantial and real risk that the tapered roller bearings are intended as a crucial component of defence-related equipment that will be used for acts that can at least be described as genocidal conduct, acts that violate international law of war, or international humanitarian law.”
Ullman said that it is significant that the judgment “is based on Flemish, Belgian and international law, including the Genocide Convention and the Arms Trade Treaty.”
Crucially, she notes, the court cites “recent reports, rulings and resolutions” from bodies such as the UN, the ICJ, the International Criminal Court (ICC), and Amnesty International.
She points to one such reference in the ruling — the April 2024 UN Human Rights Council resolution, supported by Belgium, which calls on all states to halt arms transfers to Israel in order to “prevent further violations of international humanitarian law.”
That resolution also expresses “grave concern at reports of… possible war crimes, war against humanity and possible genocide in the Occupied Palestinian Territory.”
The prohibition will therefore apply for as long as there is a real and serious risk of the goods being used in the commission of genocide, crimes against humanity, or war crimes in Gaza.
A precedent for Europe — and beyond
For Ullmann, the judgment is historic and could be a watershed moment for international law enforcement. “The ruling states that the Flemish government has the obligation to take measures to prevent genocide, as per the Genocide Convention,” she said.
“To our knowledge, this is the first European ruling since October 7, 2023, stating, in clear language, that governments bear an active responsibility to prevent genocide… The Belgian court ruling suggests that decisions regarding the export of military material to Israel are not solely matters for the executive powers but must, at any time, comply with national and international legal standards.”
The judgment also challenges the political status quo in Europe, where arms control decisions are often treated as matters of executive discretion. By embedding its reasoning in binding international obligations, the Belgian court has opened a legal pathway for other European — and potentially international — courts to act.
Rights groups say the decision could embolden legal challenges in countries such as Spain, the Netherlands, or even at the ICJ, especially if plaintiffs can demonstrate that arms or dual-use equipment from their territories have a plausible link to violations of international humanitarian law in Gaza.
“All across the world, people are demanding their governments take action — including legal action — to stop this genocide and others,” De Meyer remarked.
“The case we won is just one contribution to the growing legal precedent requiring governments to act in accordance with the treaties they have signed, especially the Genocide Convention. We are hopeful this precedent will help ensure governments meet their legal obligations to prevent genocide.”
Belgium faces pressure over Gaza genocide
Following the Brussels court ruling, Belgium is under growing scrutiny over its stance on the Gaza war, facing both a landmark genocide lawsuit and fresh political calls for economic sanctions against Israel.
Last month, the Justice for Gaza coalition — comprising Belgian lawyers, academics, civil society groups, and Palestinian diaspora members — summoned the Belgian state to the French-speaking Court of First Instance in Brussels, accusing it of breaching the UN Genocide Convention and demanding measures such as halting arms transits to Israel, banning settlement trade, freezing assets of implicated officials, and suspending the EU-Israel Association Agreement.
Meanwhile, in Flanders, political pressure is mounting as two governing parties — CD&V and Vooruit — push to suspend Flanders Investment and Trade (FIT) support for Belgian companies operating in Israel. “Actively boosting their economy through trade promotion contradicts our call for sanctions,” said CD&V leader Sammy Mahdi.
The Flemish Parliament will hold an emergency session on Gaza on August 14 to consider further measures, including suspending the EU-Israel Association Agreement and ending scientific cooperation.
With the Brussels court judgment explicitly recognising the risk of genocide and assigning a legal duty to prevent it, Belgium has taken a step that few of Israel’s Western allies have dared. Whether other courts will follow — and whether governments will heed this new legal standard — may well shape the next chapter of global accountability for the war in Gaza.
