29 Nov. - 5 Dec. 2001
Issue No.562
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Al-Ahram Weekly Online 29 Nov. - 5 Dec. 2001 Issue No.562 |
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| Published in Cairo by AL-AHRAM established in 1875 | Current issue | Previous issue | Site map | ||
Belgium decides
THE BELGIAN Court of Appeal was due yesterday morning to hold its first hearing session to decide whether or not Belgium is legally entitled to investigate the case brought against Israeli Prime Minister Ariel Sharon and others for their role in the Sabra and Shatila massacre in Lebanon in 1982 during the Israeli invasion, reports Amira Howeidy.
Last June, over 22 victims of the Sabra and Shatila massacre filed a complaint with the Belgian judiciary against Sharon and others for acts of genocide, crimes against humanity and war crimes. The complaint was accepted, and an investigation was launched in July. This caused Belgium political embarrassment, and even prompted Sharon to cancel a scheduled visit to Brussels, which led some parliamentarians to try and change the law. But Belgium's finely-balanced parliamentary coalition made such a move tricky, and the entire matter was postponed. However, last September the examining magistrate suddenly suspended the investigation and asked an appeals court to decide if the matter falls within his jurisdiction.
The examining magistrate based his decision on two points. He argued that Sharon's role was already investigated by a judicial body, the Kahan commission (a local administrative committee formed by Israel to investigate the massacre when it happened), and therefore should not be tried again. The magistrate also argued that the massacre has no link with Belgium; therefore Belgium is incompetent to look into the case.
The court of appeal decided to hold its first hearing on October 3, but it was postponed at the request of a newly appointed lawyer representing Sharon himself who said he needed time to study the case. The court postponed it until November 28.
New lawyers were also attached to the case, on the part of the plaintiffs. Following the examining magistrates decision to suspend the investigation, Souad Surur El-Merhi, the iconic survivor of the massacre and the one to represent the victims in the case, retaliated by replacing her lawyers, Shebli Mallat and Luc Walleyn, with a new team. However, the Mallat team still represents a number of victims in the case.
According to Dyab Abu Jahjah, president of the Arab European League (AEL) the body that is leading the case against Sharon, the court of appeal was due to hear both parties yesterday but has up to one month to announce its decision. Asked what steps they will take if the court does not rule in their favour, Abu Jahjah argued "that if it makes this decision then its an illegal one because the law is clear on that matter. However, presuming this happens, then it will mean that political pressure has been exerted and has affected a legal decision." But legally speaking, he added, "it will probably be the end of this case."
AEL is a Belgian NGO concerned with the Arab communities in Europe. It will organise a march on December 9 in Brussels to protest Israeli violence against the Palestinians.
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