Belgium restricts ‘genocide law’ – 6 April, 2003

http://news.bbc.co.uk/2/hi/europe/2921519.stm

Belgium restricts ‘genocide law’
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Belgium’s parliament has restricted the scope of a controversial law that allows foreign leaders to be tried in Belgian courts for war crimes and crimes against humanity.

The amendment says only cases that are linked to Belgium can go directly to the courts.

Under the existing law, legal action has been taken against a number of world leaders, including former US President George Bush and Israeli Prime Minister Ariel Sharon.

Analysts say these cases are likely to be dropped, since the law will be applied retrospectively.

 

The upper chamber of the Belgian parliament, the Senate, approved the change on Saturday.

The country’s lower house had done so last week.

In future a senior prosecutor will have to rule on a case if neither the alleged victim nor the attacker was Belgian.

War crimes trials would then get permission to proceed in Belgium only if they covered events in countries lacking democracy or fair trials.

Other charges would be sent on to the countries themselves, or to the new international criminal court in The Hague.

Embarrassment

Belgium’s 10-year-old law has been used successfully only against four Rwandans found guilty of involvement in the 1994 genocide. They were jailed for up to 15 years in June 2001.

 

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The use of the law has embarrassed the Belgian Government and caused tensions in links with other countries.

 

Mr Sharon faced action over the 1982 massacres at Palestinian refugee camps in Lebanon.

The case caused major tensions in the Belgian-Israeli relationship.

The case against Mr Bush – which also named current US Secretary of State Colin Powell – related to a bomb attack in the Gulf War in 1991.

The changes were resisted by two parties in Belgium’s governing coalition, the Socialists and Greens, who argued that the law would be rendered toothless.

But Alain Destexhe, a senator who used to be a strong backer of the law, said matters had got out of hand.

“Using the law to target democratic countries was not the intention of the law,” he said. 

Een gedachte over “Belgium restricts ‘genocide law’ – 6 April, 2003

  1. Belgium rules the world*: Universal Jurisdiction over Human Rights Atrocities – Roemer Lemaître(1)

    Belgian law probably provides for the most extensive exercise of universal jurisdiction over human rights crimes of any country. Under the Act on the Punishment of Grave Breaches of International Humanitarian Law, first enacted in 1993 and amended in 1999, Belgian courts can try cases of war crimes, crimes against humanity and genocide committed by non-Belgians outside of Belgium against non-Belgians, without even the presence of the accused in Belgium.
    This paper begins with a general description of the jurisdiction of Belgian courts in criminal matters. Part two discusses the 1993 Act (2) and the 1999 Amendments. (3) Part three addresses the difficult question of whether the Act can be applied to offences committed before its enactment. Part four summarises the ongoing proceedings involving the genocide in Rwanda and crimes against humanity in Chile under Pinochet. Part five deals with a victim’s options to bypass possible reluctance of the authorities to prosecute.

    Read On……
    http://www.law.kuleuven.be/jura/art/37n2/lemaitre.htm

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