Belgium

The Definition of Terrorism in Domestic Law

A terrorist offence is defined in the Criminal Code as an offence that

by its nature or context, may seriously harm a country or an international organization and is committed intentionally with the aim of seriously intimidating a population or unduly compelling a public authority or an international organization to perform or refrain from to do any act, or to seriously destabilize or destroy the fundamental political, constitutional, economic or social structures of a country or an international organization.Art. 137, Criminal Code of Belgium.

Adherence to Global and Regional Terrorism Treaties

Belgium is a State Party to all of the main United Nations and European treaties on terrorism.

Belgium ratified the 2005 Council of Europe Convention on the Prevention of Terrorism only in May 2022 and its 2015 Protocol in May 2023. The 2003 Protocol amending the European Convention on the Suppression of Terrorism has not yet entered into force.

Laws and Penalties for Terrorist Offences

Belgium prescribes life imprisonment as the maximum sentence for terrorist offences in its Criminal Code. 

In February 2013, a new law criminalized any person who diffuses ideas or messages to incite terrorist acts. The Criminal Code, as amended in 2013, also criminalized recruitment for terrorist purposes. In 2017, a new terrorist offence of travelling abroad for terrorist purposes was added.

Persons charged with terrorist offences as well as those convicted of terrorist offences are held in a variety of Belgian prisons, which are geographically distributed across the country. In a visit to Belgium in 2018, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism expressed her concern about the particular risks of conflating genuine and protected religious practice with radicalization during assessment of prisoners. She regretted that that no systematic deradicalization or disengagement programmes are being put in place in Belgian prisons. This is despite the adoption in 2015 of an Action Plan against radicalization in prisons.

Counterterrorism Capacities and Policies at Domestic Level

Begium's federal police have five counterterrorism units, including one for Brussels and another for Antwerp. Domestic deployment of the army when the terrorism threat level is raised.

On 22 March 2016, 32 people were killed and more than 300 injured in Brussels in terrorist attacks. According to the US Department of State, Belgium's greatest terrorism threat today is homegrown terrorism carried out by lone actors, whether inspired by Islamist violent extremism or, to a lesser extent, the far right, which Belgium calls “violent right-wing extremism.”  

Belgium originally issued a plan to counter radicalisation to violence, “Plan R”, in 2007, which it updated in 2016. 

Caselaw and Views of UN Treaty Bodies and Special Procedures

Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism

In an official visit to Belgium conducted from 24 to 31 May 2018, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism noted that

Belgium has experienced a number of terrorist attacks on its territory and faces security challenges from foreign fighters returning from conflict zones as well as a rising threat of right-wing extremism. The Government is conscious of its obligation to take all reasonable and feasible measures to ensure the safety of its population from terrorism and other violent manifestations of extremism, in line with the right to security as protected by international human rights law and practice.Para 85 Report of the Special Rapporteur on countering terrorism in Belgium.

In this regard, the Special Rapporteur stressed that

human rights-compliant counter-terrorism responses are the bedrock of effective and sustainable security policies. It is therefore essential to ensure that all measures taken to prevent and counter terrorism and violent extremism are in full compliance with the State’s obligations under international law, in particular international human rights law, refugee law and, if and when applicable, international humanitarian law.Para 85 Report of the Special Rapporteur on countering terrorism in Belgium.

The Special Rapporteur appreciated the measured, intentional and deliberative approach shown by Belgium in responding to the terrorist threat and welcomed the continued dialogue at all levels of government and beyond.Para 85, Report of the Special Rapporteur on countering terrorism in Belgium.