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New look at war crimes law
23/06/2003 13:01 - (SA)
Brussels - Belgium announced on Sunday it was drastically reducing the scope of a controversial Belgian law that caused a rift with Washington, after it was used in attempts to indict US leaders for crimes against humanity.
The 1993 law as it stands gives Belgian courts the right to judge anyone accused of war crimes, crimes against humanity or genocide, regardless of the suspect's country of origin or where the crime took place.
Under the law, cases were brought against US President George W Bush and British Prime Minister Tony Blair, accusing them of war crimes over the war in Iraq.
Suits against US secretary of state Colin Powell, US defence secretary Donald Rumsfeld and US General Tommy Franks prompted Rumsfeld to call the law "absurd," warning America would suspend its funding for new Nato headquarters in Brussels.
Belgian Prime Minister Guy Verhofstadt told journalists that the legislation, known as the universal competence law, will not be scrapped but modified so that it does not apply to democratic countries.
But Belgium has refused to bow to US pressure simply to repeal it. Verhofstadt also denied on Sunday his government acted under American pressure in bringing in the new revised version.
An initial agreement was reached Saturday following lengthy discussions between the Socialists and Liberals, who are set to form Belgium's new government following a general election last May.
The law would now only affect Belgian nationals or persons resident in Belgium, or victims who are Belgian or have had their permanent residence in Belgium for at least three years, Verhofstadt said.
Indictment would be admissible only if the suspect was from a country unwilling to prosecute the alleged crimes or if it failed to guarantee a fair trial.
The revised law would thus apply only to undemocratic countries.
The bill governing the new legislation also ensures that there will be no government interference in proceedings arising from the law. Only Belgian courts will be able to decide whether a case can be admitted.
The head of Belgium's appeal court would have full autonomy in deciding if a complaint could be filed, the prime minister explained.
Under a recent revised version, the Belgian government was able to decide whether to refer complaints to their countries of origin.
Belgian foreign minister Louis Michel said the revised law "will meet the concern of countries rightly worried about possible deviations and abuses that the law could cause".
Michel himself on Friday had a case lodged against him, for alleged crimes against humanity following a contentious arms sale to Nepal.
Only this month the law was invoked to press an indictment against Israeli General Amos Yaron for his alleged role in the 1982 massacres of Palestinians at Sabra and Shatila in Lebanon.
However, Belgian court proceedings against Israeli Prime Minister Ariel Sharon on similar grounds were put on ice by Belgium's appeals court for the period of his term of office.
As well as hosting Nato headquarters, Belgium is home to various international bodies, including the European Union. The law had threatened the country's status as home to these organisations.
The only convictions under the legislation so far have been those of four Rwandans found guilty in 2001 of taking part in the 1994 genocide in their homeland, which left upwards of one million people dead.
Although the law has no equivalent elsewhere in the world, some argue that with the advent of the International Criminal Court, Belgium no longer needs to be a flag-bearer for cross-border justice.
- AFX
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