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Belgian Judicial Panel to Reconsider Sharon’s Case

The Brussels court of appeal will determine whether the case against Sharon can be pursued

BRUSSELS, May 15 (IslamOnline & News Agencies) - A Belgian judicial panel on Wednesday, May 15, will take another look at a case lodged by 23 Palestinians against Israeli Prime Minister Ariel Sharon over his role in the 1982 Sabra and Shatila massacres.

By ruling on the admissibility of the case, the indictment chamber of the Brussels court of appeal will in effect be determining whether or not investigating magistrates can pursue the case against Sharon, who was Israel's defense minister at the time of the massacres in Lebanon.

But judicial officials said it was unlikely that the chamber would take a decision before the middle of next month.

The panel was supposed to decide last March on the admissibility of the case, which is built on a 1993 "law of universal competence" that empowers Belgian courts to try human-rights cases regardless of where the alleged outrages took place.

But lawyers for the Palestinians asked for a review in the wake of an International Court of Justice (ICJ) decision in February 2002 that involved a former Congolese minister.

The ICJ, based in The Hague, ruled that a Belgian arrest warrant for the minister, Abdulaye Yerodia, was invalid because he enjoyed immunity from prosecution for his time in office.

Yerodia was targeted in a case alleging that he incited racial hatred in 1998 against ethnic Tutsis.

No arrest warrant has been issued for Sharon, but the possibility exists if the case is declared admissible.

Sharon's lawyers contend that Belgian courts lack competence in the case, filed in June last year by Palestinian survivors or relatives of those killed in the Sabra and Shatila refugee camp massacres.

Michele Hirsch, Sharon's lawyer in Belgium, added that the ICJ decision in the Yerodia case adds weight to the argument that the prime minister cannot be prosecuted in Belgium.

Up to 1,500 Palestinian refugees died in the two camps, near Beirut, at the hands of Israeli-allied Lebanese Christian militiamen after Israel invaded Lebanon in 1982.

Sharon was forced to resign his portfolio after an Israeli inquiry found he was "indirectly responsible" for the massacres. He was elected prime minister last year.

Human rights groups on Tuesday, May 14, urged Belgian courts not to scrub the case. "The law over universal competence faces a key test, and it is possible that the Belgium courts will let it slip away. We must save this law," said Eric Gillet of the International Federation of Human Rights.

 

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