Press release: Lawyers representing the victims in the Sabra and Shatila case welcome the Belgian Supreme Court's decision to quash Court of Appeals' ruling in precedent-setting Yerodia case, 25 November 2002.

Brussels--Last Wednesday, the Belgian Court of Cassation (Belgium's Supreme Court for criminal cases) issued its ruling in a precedent-setting case involving the former Congolese Foreign Minister, Mr. Ndombasi Yerodia. Mr. Yerodia, like Ariel Sharon and Amos Yaron in the Sabra and Shatila case, stands accused of serious violations of international humanitarian law under Belgium's 1993/1999 law on universal jurisdiction for war crimes, crimes against humanity, and genocide.

The Supreme Court quashed the decision of the Court of Appeals (Belgium's Indictment Chamber), for ruling (as it did in its decision in the Sabra and Shatila case on 26 June 2002), that universal jurisdiction can only be exercised when the suspect is on Belgian territory. While the Court of Cassation did not address that issue directly in its ruling last week, its decision is a welcome indication of the seriousness accorded to the principle of universal juridiction, and as such inspires hope that all victims of mass crimes can seek effective recourse before a neutral and independent judge.

Meanwhile, we have also been informed that the Court of Cassation hearing concerning our case, scheduled previously for 27 November, has been postponed. No date has been fixed yet, a further sign that the Court is relying on the Belgian legislature to clarify the contentious point concerning the required presence of the accused on Belgian soil. We have argued that such a condition defeats both the letter and the purpose of Belgium's universal jurisdiction law--indeed the preparatory documents of the unanimous 1993/ 1999 Law specifically state that the accused need NOT be on Belgian soil. As such, the Court of Appeals' 26 June ruling in the case against Sharon and others betrayed the will of the Belgian legislature, ignored the existing body of international criminal law currently employed for prosecuting a wide range of transborder crimes, undermined the complementarity and assistance sought by the International Criminal Court in the Rome Treaty that established it, and last, but certainly not least, reinforced the prevailing immunity for perpetrators of crimes against humanity.

Last Wednesday's decision clearly indicates the fundamental unwillingness of the Supreme Court to accept the reasoning of the Appeals Court, and further strengthens the Sabra and Shatila victims' chances of obtaining a reversal of the decision in their case. It also highlights the necessity for the Belgian legislature to defend Belgium's universal jurisdiction law.

This has already begun with the important inititiative in the Belgian Senate in July. The Senate Bill, which awaits the Council of State advisory comments, was introduced with the full support of the government, and seeks not only to restore and maintain the universal characteristics of the 1993/1999 Law, but also to advance the international campaign against impunity. We appeal for the widest international support for this campaign, which was effectively saluted and encouraged last week by Belgium's Supreme Court (Court of Cassation).

Chibli MALLAT, Michael VERHAEGHE, Luc WALLEYN

[The Case Against The Accused]