BRUSSELS,
January 31 (IslamOnline & News Agencies) - Reviving hopes of 1982
Sabra and Shatila massacre victims that Israeli Premier Ariel Sharon
could be prosecuted for war crimes, the Belgian Senate sponsored
Friday, January 31, a new interpretation of the "universal
competence" law which was used as a basis for lawsuits in Belgium
against foreign leaders.
The
senators endorsed the new interpretation by 34 votes whereas six voted
against and six others abstained, Agence France-Presse (AFP) reported.
The
new interpretation has now to be brought before the House of
Representatives for ratification.
The
unique "universal competence" law, adopted in 1993, enables
Belgian courts to examine cases of war crimes, crimes against humanity
and genocide regardless of where the outrages were perpetrated.
The
new interpretation says that lawsuits under the law can proceed even
if the person being prosecuted is not on Belgian soil.
An
"interpretation" of the law -- as opposed to a modification
-- would allow already-launched legal suits to be reopened.
If
the law is modified, with government backing, it would only cover acts
committed after its adoption and would not provide a basis for legal
suits brought in the past.
The
Senate vote came amidst heavy pressure from Israel, which decided to
recall its ambassador to Belgium if the proposal was adopted, the
newspaper Le Soir reported on Thursday, January 30.
But
a lawyer representing victims of the 1982 massacre welcomed the
Belgian legal move.
"This
is an important victory for all human rights groups and the victims of
crimes against humanity," Chebli Mallat said.
Mallat,
who represents parents of people killed in the Sabra and Shatila
massacre, hoped that Belgian justice would take "its normal
course."
The
change comes as a reaction to a court ruling last year, which
effectively shelved lawsuits brought under the law against some 30
foreign leaders or ex-leaders, including Sharon.
In
June 2002, a Brussels appeal court ruled that "for cases based on
universal competence ... it is necessary that the alleged perpetrators
be in the territory of the kingdom (of Belgium)."
The
ruling halted one of the most high-profile suits brought under the law
-- one filed by 23 survivors of the 1982 Sabra and Shatila massacre
against Sharon, the then Israeli defence minister.
The
Sabra and Shatila massacre, during which between 800 and 2,000
Palestinian refugees were slaughtered, was carried out by the Israeli
proxy South Lebanon Army (SLA) during Israeli occupation of southern
Lebanon.
An
Israeli tribunal in 1983 found Sharon to be indirectly but personally
responsible for the carnage. As a result, Sharon was forced to resign
from his post as defence minister.
Under
the universal competence law, four Rwandans were found guilty in 2001
of participating in the 1994 genocide in their homeland, which left an
estimated one million people dead.