A judicial investigation is currently shaking Fedex: the transport company is suspected of having violated the restrictions on the transit of arms intended for Israel in the context of the war in Gaza. According to revelations from daily newspapers The evening et The morningshared with the Irish collective The Ditchthe American company has sent at least twenty suspect packages by Liège airport without having asked for the required authorizations to the Belgian authorities.
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These cargoes, dispatched by the American armament giant Lockheed Martin, were intended for the Israeli military of Nevatim in the Negev desert. This strategic installation serves in particular as a starting point for Israeli F-35 hunters who lead bombardments on the Gaza Strip. The Vredesactie Peace Defense Association, which filed a complaint, suspects that parcels contained essential components for these combat aircraft.
Fragile regulations
The goods were labeled according to the American regulations ITAR, which strictly supervises the export of weapons and sensitive military equipment. But in Belgium, this type of transit imperatively requires prior authorizations, which Fedex had not requested. Since the media revelations, the entire suspicious cargo has been either delivered to Israel or reached to Germany, countries with more flexible regulations in the matter.
Faced with accusations, Fedex admits that “certain goods subject to ITAR regulations have been able to pass through Liège in an involuntarily”. The company justifies this situation by geopolitical disturbances in the Middle East, notably the war between Israel and Iran which closed Israeli airspace, forcing to modify the flight routes for “operational reasons”.
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However, this explanation raises its share of questions. The documents consulted reveal that similar transits had already taken place in October and December, well before the recent military climbing between Tehran and Tel Aviv. These previous routes followed exactly the same roads and also concerned Lockheed Martin military equipment for the same base in Nevatim.
The company now ensures that it is “in close contact with its stakeholders” and promises to comply with “the laws and regulations in force”, while specifying that it does not transport neither weapons or ammunition and applies strict control procedures.
Control system flaws
This case also highlights the failures of the Belgian system for monitoring armament exports. Four administrations are theoretically responsible for the control of the passage of weapons and military equipment: the Walloon Region, the federal ministries of the economy and mobility, as well as customs. However, at this stage of investigations, none seems to have been aware of the suspicious activities of Fedex.
At the federal level, the Minister of Finance Jan Jambon stresses that customs controls are carried out “on the basis of a risk analysis linked to declarations”, but the problem is that no statement has been made. Diederik Cops, Vlaams Vredesinstitut, advocates the introduction of “alert signals” and “clear criteria decisive when a shipment must be subject to additional control”.
Communist PTB burden
On the political level, the case takes on a particularly sensitive dimension in a Belgium which is traditionally honored to practice a policy of equidistence in the Middle East. Communist deputy Nabil Boukili does not mince words, believing that “inaction is a bond in the current genocide”. This accusation illustrates the polarization of the political debate around the Israeli-Palestinian issue.
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The federal government had however decided last May to strengthen controls on exports to Israel. A meeting was still held on June 23 between the regions and the Minister of Foreign Affairs Maxime Prévot to “ensure that Belgian policies in this area are effective and in accordance with international law”. Note that Belgium and its regions apply partial and ambiguous restrictions rather than a total embargo towards Israel.
An accumulation of legal problems
This armament affair is not the only cloud on the horizon for Fedex. The Liège court of first instance has just sentenced the company, alongside Liège Airport and the Walloon Region, to compensate 47 residents for noise pollution caused by night flights.
This decision, which follows a first judgment of 2017, concerns facts dating back to 24 years and provides monthly compensation varying between 104 and 625 euros depending on the degree of nuisance, over a period of 76 months.
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