Flemish government postpones appeal on military goods ruling for independent legal advice

Flemish government postpones appeal on military goods ruling for independent legal advice

1 month ago

Flemish Government to Seek Legal Opinion on Military Goods Transit to Israel

The Flemish government has opted not to immediately appeal a court ruling that prohibits the transit of goods potentially intended for military use to Israel through the port of Antwerp., reports 24brussels.

This decision comes in the wake of a controversial court ruling by a Brussels summary judge, which determined that a shipment of tapered roller bearings destined for Israeli defence contractor Ashot must remain in the port. The ruling further mandates the Flemish authorities to suspend the transit of any materials that could serve military purposes, with penalties of €50,000 for each violation.

Initially, Flemish Minister-President Matthias Diependaele (N-VA) expressed intentions to contest the decision. However, this was met with resistance from coalition members Caroline Gennez and Melissa Depraetere (Vooruit), who argued that a legal challenge had not been adequately discussed within the cabinet. Diependaele later underscored that the primary goal of the appeal would be to achieve legal clarity.

Legal Review and Government Policy

During the cabinet’s final meeting before the summer recess, it was agreed that an independent legal assessment should be completed by July 26, to evaluate whether an appeal is advisable.

“If the advice confirms the need for an appeal, it will be strictly limited to the general part of the verdict, in order to obtain legal certainty on that matter,” stated Diependaele’s office. “The Flemish government in no way seeks to distance itself from its responsibility regarding the control of the transit and export of strategic goods to Israel.”

The government reiterated its commitment to a strict arms trade policy concerning Israel, indicating that any export or transit of strategic goods, including dual-use items, would not be allowed if there is a possibility that such materials could bolster Israel’s military capabilities or be utilized by Israeli forces. For dual-use items, licenses will only be issued if applicants can provide solid assurances that the goods will be used exclusively for civilian applications.

As discussions continue, the implications of this ruling and the government’s forthcoming legal strategy could significantly impact Belgium’s arms embargo policies and its relationship with Israel.

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