Fourth Administrative Challenge at the Council of State against the Walloon Government
Armed Conflict in Yemen
The fourth challenge, initiated in February 2021 under an ‘extreme urgency’ procedure, challenged new licences, granted by the Walloon government for the export of category ML1 arms to the Saudi National Guard.
The Council of State ruled in the claimants’ favour and called for the suspension of the contested licences.
Case Development: Judgement by the Council of State Declaring Proceedings Closed
As the government had withdrawn the decision to grant ML1 licences for Saudi Arabia on 18 March 2021 and no appeal has been lodged against the withdrawal decision, the case is declared closed.
Case Development: Judgement by the Council of State on the Claim filed 20.02.2021 against the Walloon Government
The Council of State orders the suspension of all contested licences issued by the Walloon government for export to Saudi Arabia. The court reasons that the government failed to take into account...
Additionally, in this procedure, the claimants submitted evidence, obtained through Open Source Intelligence, which clearly indicated that the Saudi National Guard were in possession of Belgian arms in Yemen, contrary to the government’s long-standing argument that the end users of its equipment were not involved in the conflict in Yemen.
The Council of State agreed with the claimants and suspended all contested licences.
It concluded that the government’s assessment had failed to adequately consider the clear risk that the goods could be used for internal repression or to commit serious IHL and IHRL violations in Yemen. The submitted evidence was a crucial factor in supporting the Court’s final decision that the Walloonian government had acted unlawfully in issuing these licences.
19 Dec 2020
New licences are issued by the Walloon government for the export of ML1 category arms to the Saudi National Guard
20 Feb 2021
Case enters the courts. Claim filed at the Council of State against the Walloon Government, seeking to suspend the new licences, under the 'extreme urgency' procedure.Read the request to the Council of State here
05 Mar 2021
Judgement issued. The Council of State suspends all contested licences.Read the judgement here
18 Mar 2021
Suspended licences are cancelled and withdrawn by Walloon regional government.
23 Jun 2021
Judgement issued. Proceedings declared closed due to the withdrawal of all contested licences.Read the judgement here
Claim filed against Walloon Government under ‘Extreme Urgency’ ProcedureRead the document in full
Contact the Claimants
This case was brought by two NGO claimants, Ligue des Droits de l’Homme (LDH), Forum Voor Vredesactie (FVV), and Coordination Nationale d’Action pour la Paix et la Democratie (CNAPD).