JUSTICE - No. 78

21 Fall 2026 international crimes regardless of any territorial or personal connection to the forum state. Proceedings can be initiated by state prosecutors or, in many civil-law systems, by private criminal complaint – a mechanism that NGOs have exploited extensively. These organizations gather information from social media, open-source intelligence, and contacts within local communities, and share evidence and legal strategies across borders in a coordinated transnational effort. In the vast majority of cases, the allegations do not substantiate even an initial threshold of criminal suspicion. The primary purpose is not prosecution but harassment – of IDF soldiers and officials and their families living overseas – and the creation of a broader deterrent effect on Israeli military service and international mobility. Since October 2023, these efforts have escalated dramatically in scope and geographic reach. Criminal complaints have been filed or proceedings initiated across Europe – including in Belgium, France, Germany, Spain, the United Kingdom, and Ireland – as well as in Canada, South Africa, Turkey, South Korea, Brazil, and numerous other jurisdictions. Türkiye has issued arrest warrants against Prime Minister Netanyahu and 36 other alleged senior Israeli officials. In practice, the complaints have led to very few formal criminal investigations – though notable exceptions exist, including in South Africa and Belgium. But even where formal proceedings do not materialize, the practical consequences are real. Individuals have been detained for questioning, others have been forced to leave countries hastily upon being targeted, and the pervasive threat places soldiers and their families at risk whenever they travel overseas. Legal and Political Proceedings against Arms Sales. Increasingly domestic courts are being used to challenge both foreign government arms export policies and sales by foreign defense companies to Israel, in an effort to sever Israel’s supply chains. Against governments, the most prominent case is the F-35 fighter jet parts litigation in the Netherlands. In February 2024, the Hague Court of Appeal ordered the Dutch government to halt all exports of F-35 parts to Israel, finding a “clear risk” that the parts would be used in serious violations of international law. The Dutch Supreme Court overturned the blanket ban in October 2025 but ordered the Government to reassess its export authorization. In Belgium, a Brussels court in July 2025 went further: it ordered the Flemish Government to halt the transit of a shipment of tapered roller bearings destined for an Israeli defense contractor that supplies transmission units for Merkava tanks, and imposed a €50,000 penalty per violation for any future military shipments to Israel.19 Notably, the Belgian court’s ruling was accompanied by a prima facie finding that Israel was committing “genocide” and violations of international law. Similar judicial proceedings have been brought in the United States, United Kingdom, France, Germany, Canada, Denmark, and Italy, seeking to compel governments to revoke or deny arms export licenses to Israel. Some governments reached political decisions to stop or restrict arms sales to Israel, which may be influenced by the instigation of legal proceedings but without waiting for a court decision. The UK suspended 30 arms export licenses to Israel in September 2024 (though excluding F-35 components). Canada suspended approximately 30 active export permits. Italy adopted restrictive approaches to new licenses, and Germany temporarily halted certain arms sales in 2025. Against companies directly, lawsuits and legal actions have proliferated. For example, in Italy, seven civil society organizations filed suit in September 2025 against Leonardo, one of the world’s largest defense companies (and against the Italian government), seeking to annul all arms supply contracts with Israel on the grounds that continued supply violates Italy’s constitution and international law. In the United Kingdom, NGOs have pursued legal and direct-action campaigns targeting Elbit Systems’ UK operations. In France, an NGO filed a criminal complaint in June 2025 against the French manufacturer Eurolinks, alleging complicity in war crimes, crimes against humanity, and genocide in connection with the alleged supply of machine-gun link components to Israel. The cumulative effect – even where individual cases fail – is a “chilling effect” on commercial engagement with Israel’s defense 19. Court of First Instance 10th Chamber, Forum voor Vredesactie, et al. v. The Flemish Region, represented by the Flemish Government (July 17, 2025); Dr. Ian J. Stewart, EU Trade in Dual-Use Items with Conflict-affected Regions, EUROPEAN PARLIAMENT, Jan. 2026.

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