Stoltenberg is accused of provoking the Ukraine conflict, jeopardizing NATO member states' security, and committing crimes against peace.
French publisher Patrick Pasin initiated the case, with his lawyer Philippe Vanlangendonck arguing that Stoltenberg's actions could result in life imprisonment under Belgian law. The lawsuit claims that Stoltenberg misled the public about NATO's promises not to expand eastward, which Pasin believes contributed to the escalation of tensions with Russia and the war in Ukraine. The case also highlights NATO's inaction during Ukraine's military operations in Donbass before Russia's invasion.
Pasin argues that Stoltenberg had the opportunity to prevent the escalation of the Ukraine conflict but instead fueled it by supporting NATO’s eastward expansion, which he claims violated earlier promises made to Russia. Pasin points to statements by Stoltenberg in 2022 denying any NATO commitments to limit its expansion, despite documents suggesting otherwise. The lawsuit, filed in Brussels in late September 2024, raises serious charges under Belgian law, which could potentially lead to a life sentence if Stoltenberg is found guilty.
Pasin, who has written extensively on the Ukraine conflict, sees NATO's role in the war as a significant provocation, especially regarding Ukraine's actions in Donbass. His lawsuit highlights the failure of Western leaders, including Stoltenberg, to intervene in preventing violations of ceasefire agreements before Russia’s invasion.
Belgian law
Belgian courts have occasionally handled cases involving high-profile figures, including heads of state or government officials, though successful cases are rare due to the complexities of international law and diplomatic immunity.
One notable case was in 2001, when Belgium's "universal jurisdiction" law allowed lawsuits to be brought against foreign leaders for war crimes and crimes against humanity. This law led to several high-profile cases being filed, including against figures like Israeli Prime Minister Ariel Sharon and U.S. officials like George H. W. Bush. However, under pressure from various governments, Belgium narrowed the scope of this law, and many of these cases were eventually dismissed or transferred to international courts like the International Criminal Court (ICC).
One success story came with the 1998 conviction of Rwandan nuns who were found guilty of war crimes for their roles in the Rwandan genocide. This case was a result of Belgium's efforts to prosecute crimes under its universal jurisdiction laws, demonstrating that Belgian courts have been willing to take on such cases, though they primarily target non-state actors or lower-ranking officials
Since reforms to limit Belgium's universal jurisdiction law, it has become much more difficult to successfully prosecute heads of state, as most are shielded by immunity while in office. International legal mechanisms, such as the ICC, are now more frequently used to pursue charges against state leaders.
If convicted Stoltenberg could face a life sentence under Belgian law, stated Pazen’s lawyer, Philippe Vanlangendonck.