Historic Ruling by the Brussels Court of Appeal of 30 June 2026 – Genocide in Gaza

In the legal action brought against the Belgian State for its inaction in the face of the genocide committed by Israel in Gaza, the Brussels Court of Appeal has just issued a second interlocutory ruling this Tuesday, 30 June. As in the first ruling issued in March, the Court of Appeal once again follows the reasoning of the claimants and decides to refer two preliminary questions to the Court of Justice of the European Union (CJEU) concerning the compatibility of certain provisions of European Union law with international law, in particular the Geneva Conventions and the Convention on the Prevention and Punishment of the Crime of Genocide.

The answer to the second question could have a major impact, given that the Court of Appeal asks the CJEU whether States may disapply European Union law in order to comply with their obligations under international law arising from the Geneva Conventions and the Genocide Convention.

In other words, the question is whether obligations under international humanitarian law, such as those arising from the Genocide Convention, must prevail over European Union law.

More specifically, the questions referred to the CJEU concern the European rules governing the transfer of dual-use goods (material that can be used for both civilian and military purposes). However, the answer could apply to all European Union law.

Ultimately, if the CJEU answers this second question in the affirmative, Member States will no longer be able to evade their responsibilities by referring to those of the European Union.

Member States will be able – and obliged – to set aside provisions of EU law when these prevent them from taking sanctions against Israel.

States will be able – and obliged – to impose trade sanctions against Israel and refuse to apply the Association Agreement with Israel.

The Court of Appeal requests – and this is noteworthy – that the CJUE apply the accelerated procedure « considering the nature of the case, which concerns urgent measures to prevent the crime of genocide and serious violations of the Geneva Conventions in the Gaza Strip, and taking into account the dramatic situation of the Palestinians in the Gaza Strip« .

We welcome this new judicial step, which strengthens our determination to compel Belgium and, by extension, the other Member States of the European Union to comply with their obligations under international law and finally to do everything in their power to prevent and put an end to Israel’s systematic, flagrant and repeated crimes.

1. On 22 July 2025, the Belgian-Palestinian Association (ABP) and the National Coordination for Action for Peace and Democracy (CNAPD), together with two Palestinian victims and with the assistance of the collectives Droit pour Gaza – Recht voor Gaza and SOS Gaza, initiated legal proceedings to have the Belgian State condemned to take sanction measures against Israel to put an end to the genocide in Gaza and the war crimes and crimes against humanity in the occupied Palestinian territory.

The action sought to secure a ruling against Belgium requiring it, as a matter of urgency, to take three measures that are required under international law due to Israel’s systemic violations of international humanitarian law, the genocide in the Gaza Strip and the unlawful occupation of Palestinian territory. These measures concern:

1° the closure of Belgian airspace to the transport of arms and military material, including dual-use material, destined for Israel;

2° the prohibition of any commercial exchange with Israeli settlements in the occupied Palestinian territory and, more broadly, of any financing or investment that helps maintain the unlawful situation of the occupation by Israel in Palestine, as well as the prohibition of any import of products or foodstuffs originating from Israel’s illegal settlements in Palestine;

3° the denunciation (or, subsidiarily, the suspension) by Belgium of the Association Agreement between the EU and its Member States (« the Euro-Mediterranean Agreement ») and Israel.

2. By order of 24 September 2025, the President of the Brussels Court of First Instance, sitting in interlocutory proceedings, dismissed our application and we lodged an appeal.

The case was heard on appeal before the chamber of urgent applications of the Brussels Court of Appeal on 9 February and 1 June 2026.

3. On 16 March 2026, the Court of Appeal issued a first (interlocutory) judgment – which will be historic in international law – by which it partially overturned the order of the court of first instance and recognised that the Belgian State had failed to comply with its obligations under international law.

The Court held that Article 1 of the Genocide Convention (1948) and Article 1 common to the Geneva Conventions (1949) have direct effect in domestic law and oblige States to use all reasonable means at their disposal to prevent genocide and stop violations of humanitarian law.

The Court of Appeal found that the obligation to take measures against Israel had existed since 26 January 2024, the date on which the International Court of Justice indicated the existence of a serious risk of the commission of the crime of genocide, crimes against humanity and serious violations of the Geneva Conventions in the Gaza Strip after 7 October 2023, and ordered the State of Israel to comply with the obligations incumbent upon it under the Genocide Convention, an order it reiterated in its resolutions of 28 March 2024 and 24 May 2024.

The gravity of the situation in the Gaza Strip therefore required that the States Parties to these conventions, including Belgium, take without delay the measures reasonably within their power to prevent the commission of genocide, crimes against humanity and serious violations of the Geneva Conventions in the Gaza Strip.

The Court of Appeal found that the Belgian State did not immediately do what was within its power to prevent the transfer of arms and military material to Israel, and therefore violated its obligations under international law.

As regards the other points of the claim, the Court considered, on the other hand, prima facie, within the framework of the limited review at the stage of interlocutory proceedings, that the State had broad discretionary power and that the principle of separation of powers prima facie prevented the judiciary from reviewing the State’s (in)action.

4. The Court of Appeal noted that in the matter of the transfer of arms and military material to Israel, Belgium adopted, during the appeal proceedings, the Royal Decree of 18 January 2026 « prohibiting the overflight of national airspace and prohibiting technical stops of aircraft carrying military material from Belgium to Israel and the occupied Palestinian territory« ¹.

However, in doing so, Belgium only partially fulfils its obligations, as the decree does not address:

• dual-use goods (which can serve both military and civilian purposes) destined for Israel;
• arms and military material destined for Israel’s police, law enforcement and security services.

5. As regards dual-use goods, Belgium refrained from including these goods in the Royal Decree of 18 January 2026 following the opinion of the Council of State of 22 October 2025, which noted that Article 7, § 1, of Regulation (EU) 2021/821 only permits the prohibition of the transit of such goods when they are intended for one of the uses indicated in Article 4, § 1 (i.e., in the case of proliferation of weapons of mass destruction or transit to a country under an arms embargo), but not in the case of violations by the destination State of the Geneva Conventions and the Genocide Convention.

EU law thus appears to prevent the Belgian State from acceding to our request and complying with its obligations under international law.

In its judgment of 30 June 2026, the Court notes that the power to prohibit the transit of dual-use goods is limited, creating a tension with the State’s obligation to prevent genocide and violations of the Geneva Conventions when the destination country is not subject to an arms embargo.

Not being aware of any CJEU judgment interpreting these provisions, the Court decides to refer the matter to it.

6. Consequently, before issuing a final ruling, the Court of Appeal refers two questions to the CJEU:
7. Compatibility: Is Article 7 of Regulation (EU) 2021/821 « establishing a Union regime for the control of exports, brokering, technical assistance, transit and transfers of dual-use items » compatible with Article 3, § 5, of the Treaty on European Union and with Article 1 of the Genocide Convention and the Geneva Conventions, insofar as it limits (by referring to Article 4, § 1) the power of a Member State to prohibit the transit of dual-use goods solely to cases of proliferation of weapons of mass destruction or military use in a country under an arms embargo?
8. Possibility of derogating from EU law to comply with obligations under international law: May a Member State, pursuant to Article 351, paragraph 1, of the Treaty on the Functioning of the EU, prohibit, notwithstanding the limits set by Article 7, referring to Article 4, § 1, of Regulation (EU) 2021/821, the transit of dual-use goods in order to prevent, in application of the Geneva Conventions and the Genocide Convention, the commission of genocide and serious violations of those conventions?

The answer to the second question could have a major impact, insofar as the Court of Appeal asks the CJEU whether States may disapply EU law to comply with their obligations under international law arising from the Geneva Conventions and the Genocide Convention.

In other words, the Court of Appeal asks whether obligations under international humanitarian law and those arising from the Genocide Convention must take priority over European Union law.

The questions are raised concerning the European rules governing the transfer of dual-use goods, but their answer could apply to all European Union law.

Ultimately, if the CJEU answers this second question in the affirmative, it will be the end for Member States of evading their responsibilities by referring to those of the European Union.

Member States will be able – and obliged – to set aside provisions of EU law when these provisions prevent them from taking sanctions against Israel.

States will be able – and obliged – to impose trade sanctions against Israel and refuse to apply the Association Agreement with Israel.

The Court of Appeal requests – and this is noteworthy – that the CJEU apply the accelerated procedure « considering the nature of the case, which concerns urgent measures to prevent the crime of genocide and serious violations of the Geneva Conventions in the Gaza Strip, and taking into account the dramatic situation of the Palestinians in the Gaza Strip« .

Contact Droit pour Gaza – Recht voor Gaza
Anne-Laure Losseau +32 486 30 82 26 – al.losseau@gmail.com

Contact Belgian-Palestinian Association (ABP):
Gregory Mauzé +32 479 23 29 22 – gregory@abp-wb.be

Contact National Coordination for Action for Peace and Democracy (CNAPD):
Samuel Legros +32 484 64 57 92 – samuel.legros@cnapd.be

Contact SOS Gaza
Jemma Vercruysse +32 492 75 70 13 – jemma.vercruysse@hotmail.com

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