War Crimes Trials May Resume

[Marmaduke]

Good old Belgium

Belgium may revive Sharon war crimes case

Andrew Osborn in Brussels
Friday January 17, 2003
The Guardian

Belgium is to make changes to its internationally contentious global war crimes legislation which risk resurrecting a politically sensitive case against the Israeli prime minister, Ariel Sharon.
Belgium gave itself the right in 1993 to try cases of war crimes committed by anyone, anywhere at any time. It has since had to deal with a series of often embarrassing lawsuits against high-profile leaders such as Mr Sharon.
However, legal setbacks to the "universal competence" law have blunted Belgium's zeal to act as an international war crimes court.
Last June a Belgian court appeared to kill off the case against Mr Sharon when it declared that he could not be tried because he wasn't physically present in Belgium.
That obstacle now appears likely to be dismantled.
Belgian politicians want foreign nationals to be be tried in absentia and will vote on the matter next week. They aim to change the law before parliamentary elections in May.
"The Sharon case is one of many," said Philippe Mahoux, a Socialist senator involved with the initiative, adding that 26 cases remained outstanding, including those against Fidel Castro and Yasser Arafat.
"We want to sweep away impunity when it comes to genocide and war crimes. That's the idea and we have the firm intention of approving the changes [to the law] before May," he said yesterday.
Guy Verhoftstadt, the Belgian prime minister, has thrown his weight behind the plan, saying he has "no objections", and the Belgian media say that the calls for reform of the controversial law are reaching critical mass.
The move is likely to give a new lease of life to the case against Mr Sharon, who is accused of being responsible for the massacre of more than 800 Palestinians in Lebanon in 1982 while he was Israel's minister of defence, because, it is claimed, he allowed militia forces allied to Israel to run amok in the Sabra and Shatila refugee camps.
Survivors of the atrocities began legal proceedings against him in Belgium and were furious when the case was dismissed by three judges in Brussels in June.
The Sharon case is still under appeal and remains live, so any change in the law could see it reinstated.
The very fact that Belgian judges are even considering a case against Mr Sharon has soured relations with Israel and many Belgian politicians were relieved when the matter appeared to be at an end. They will not welcome new proceedings.
However, Mr Sharon's accusers face another, probably insurmountable hurdle, which is likely to mean that even a trial in absentia will never get off the ground.
Last February the international court of justice ruled that past and present government leaders could not be tried for war crimes by a foreign state, a ruling that is likely to spare Israel's blushes.
The Belgians are keen to steer clear of cases which damage their diplomatic ties with other countries.
Although the latest changes will allow trials in absentia and authorise the Belgian courts to try cases which fall outside the jurisdiction of the recently created international criminal court, there will be a special clause designed to deter "legal tourists".
A filtering mechanism will be created to weed out cases which are purely political or propagandist in nature.
"We will put up a filter for those cases which are not linked to Belgium... to allow for a speedier dismissal of purely political complaints which don't have anything to do with genocide or war crimes and which are often lodged as propaganda," said Vincent Van Quickenborne, a Liberal senator.
A public prosecutor will vet such cases first and decide whether or not they are genuine, although dismissals at such an early stage could be appealed.

[Niquie]

I was absolutely DEFLATED when that case against War Criminal Sharon was dismissed. Just because he wasn't IN Belgium? They had to dig deep to come up with that lame excuse.

Which tells me they have PLENTY on this animal.

[macktheknife]

This is the most asinine thing I have ever heard of. It's the kind of thing that looks really good on paper--make the world a safer place by holding leaders accountable for their actions--but which will quickly deteriorate into soldiers being put on trial for obeying the orders of officers of their nation's military if Belgium does not support that nation's stance. And what gives Belgium the right to set the standards of what constitutes a war crime and what does not? The country which emerges the victor has the sole responsiblity to place the defeated nation's leaders on trial for war crimes--not Belgium!

[Rikbe]

Originally posted by macktheknife
This is the most asinine thing I have ever heard of. It's the kind of thing that looks really good on paper--make the world a safer place by holding leaders accountable for their actions--but which will quickly deteriorate into soldiers being put on trial for obeying the orders of officers of their nation's military if Belgium does not support that nation's stance. And what gives Belgium the right to set the standards of what constitutes a war crime and what does not? The country which emerges the victor has the sole responsiblity to place the defeated nation's leaders on trial for war crimes--not Belgium!

Any law without the power to uphold it is ridiculous.
That law was voted with the idea that other European countries would do the same.
Guess what? They didn't.
Now our politicians are annoyed but they can do nothing against a court decision.

[imported_Apache]

I will be impressed when Saddam Hussein, Yasser Arafat, Hassad, Mugabe and company are brought up on charges.

[imported_Apache]

Since Belgium opposes George W. Bush's involvement in an Invasion of Iraq, I think that The Belgium Court needs to bring charges against HIM (crimes against peace or whatever), and then grab him on his next trip to Europe!

We could all sit back and watch the fun happen!

[Rikbe]

Originally posted by Apache
I will be impressed when Saddam Hussein, Yasser Arafat, Hassad, Mugabe and company are brought up on charges.

According this law, it is possible soon as they are not president anymore.
Recently the mayor of Brussels decided that tower buildings will not be build anymore in Brussels. Maybe it is a hint.

[macktheknife]

The day Belgium tries to put an American president on trial for war crimes is the day all Belgians learn to sing "Yankee Doodle" with a Southern drawl. You'll be saluting an American flag and calling George Washington the founder of your country.

[clodhopper]

[macktheknife]

Justo, I couldn't agree more.

[clodhopper]

I doubt any would say that strapping a bomb on a child to blow himself up in crowd is child abuse.

[Rikbe]

Originally posted by Justo
I doubt any would say that strapping a bomb on a child to blow himself up in crowd is child abuse.

The people that brainwashed the child is guilty of child abuse.

[Rikbe]

Originally posted by macktheknife
The day Belgium tries to put an American president on trial for war crimes is the day all Belgians learn to sing "Yankee Doodle" with a Southern drawl. You'll be saluting an American flag and calling George Washington the founder of your country.

We are a much older nation than the US. I am sure Justo would like to learn "de Vlaamse Leeuw". (the Flemish Lion).
It is about not allow to be tamed as long he has claws and tooth.

[macktheknife]

Yes, guilty of child abuse. That's two who have said it now. Are there others?

[macktheknife]

Those claws and teeth could get knocked out real fast. Then the old lion would be just that--an old lion watching the younger lions ruling the animal kingdom.