Lawyers representing 23 survivors of the 1982 Sabra and Shatila massacres today appealed a 26 June 2002 ruling by the Belgian Court of Appeals that halted further investigation of the historic case against Ariel Sharon and other Israelis and Lebanese for their role in the massacres.
While noting that Belgian courts do have jurisdiction over this case, the Court of Appeals pronounced the Sabra and Shatila plaintiffs' complaint inadmissible for criminal prosecution so long as those accused of war crimes and crimes against humanity were not present on Belgian soil. Lawyers for the plaintiffs are appealing the 26 June ruling on the grounds that this condition was not entailed or foreseen by Belgium's Law of 16 June 1993.
That law incorporated international humanitarian law and international customary law into Belgium's criminal code, enabling Belgian courts to try war crimes and crimes against humanity in its national courts regardless of the venues of the crimes or the nationalities of the victims and perpetrators. The lawyers contend that the Court of Appeals based its surprising 26 June ruling on a controversial and questionable interpretation of an article in Belgium's Code of Criminal Procedure.
The 26 June ruling has provoked strong reactions in Belgium and abroad. Several international human rights organizations have decried the Court of Appeals' ruling, noting that it serves to guarantee the impunity of those responsible for the Sabra and Shatila massacres.
The 23 plaintiffs remain firmly committed to pursuing their struggle for justice no matter how long it takes. The appeal introduced today in Belgium by their lawyers stems from the fact that last month's Court of Appeals ruling went against the spirit and the letter of the Belgian Universal Jurisdiction Law of 1993 and 1999. The lawyers emphasized that, during preparatory discussions of that Law, which was passed unanimously in 1993 and reconfirmed and strengthened to include the crime of genocide in 1999, it was clear that Belgian courts had jurisdiction over war crimes, crimes against humanity, and genocide "even in those cases in which the alleged perpetrator of the crimes is not found on Belgian soil."
In the coming days, the Belgian Senate will consider a draft law, introduced by senators representing a variety of political parties, reconfirming the intention expressed by the Belgian Legislature when the Universal Jurisdiction law was first passed in 1993.
[The Case Against The Accused]
Dr. Laurie King-Irani is North American Coordinator of International Campaign for Justice for the Victims of Sabra & Shatila. For media queries, write to coordinator@indictsharon.net. For website queries, write to webmaster@indictsharon.net.
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