HRW: Belgian ruling key precedent for human rights
Israel-Belgium, Politics, 2/15/2003

The Belgian Supreme Court decision permitting an inquiry into the 1982 massacre of civilians in the Palestinian refugee camps of Sabra and Shatilla is a landmark step for international law, Human Rights Watch said today.

The Sabra and Shatilla case was brought under a 1993 law, which gives Belgian courts the authority to prosecute persons accused of genocide, crimes against humanity or war crimes regardless of where the crimes took place or whether the suspect or the victims are Belgian.

Wednesday's ruling made clear that investigations could go forward even when the suspect was outside of the country.

The Belgian Supreme Court (Cour de Cassation) ruled Wednesday that one of those named by the massacre victims in a criminal complaint, Israeli Prime Minister Ariel Sharon, enjoyed immunity from prosecution as long as he serves in that position, but that investigations could proceed against his co-defendant, former Israeli army commander Amos Yaron.

"This decision is a huge victory not only for the victims of the Sabra and Shatilla massacres but for all atrocity victims who have put their hopes in the Belgian justice system," said Hanny Megally, executive director of the Middle East and North Africa division of Human Rights Watch.

"There is abundant evidence that war crimes and crimes against humanity were committed in the Sabra and Shatilla massacre, but not a single individual has been brought to justice."

As Defense Minister, Ariel Sharon had overall responsibility over the Israeli Defense Forces and allowed Phalangist militias to enter the camps where they terrorized the residents for three days.

In February 1983, the three-member Israeli official independent commission of inquiry charged with investigating the events known as the Kahan Commission named former Defense Minister Sharon as one of the individuals who "bears personal responsibility" for the Sabra and Shatilla massacre.

Previous Stories:
  Le Soire: Signs of diplomatic crisis between Belgium, Israel   (1/31/2003)
  Israel fears its officials will be prosecuted for war crimes   (9/27/2002)
  Belgian court sets June 26 for Sharon ruling   (5/17/2002)

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