Lawyers representing
Palestinian survivors of a 1982 massacre in Lebanon
presented their complaints on Wednesday to a Belgian court.
The court must decide whether legal proceedings should continue
against Israeli Prime Minister Ariel Sharon for his alleged role in
the killings.
Sharon's legal team is scheduled to present its arguments at
another hearing on January 23 and lawyers said the court is
expected to decide late February or early March if the case is
admissible.
The Israeli premier is among a string of past and present world
leaders facing complaints before Belgian courts under laws
introduced in 1993 and 1999 that allow for the prosecution of war
crimes wherever they are committed.
Others include Palestinian leader Yasser Arafat, Iraqi President
Saddam Hussein and Cuban President Fidel Castro.
Lawyers from both sides said Wednesday's two-hour hearing
focused on the technical legal issues relating to whether Belgium's
courts have jurisdiction in the case.
"Belgium justice is competent to treat this case," said Michael
Verhaeghe, representing the Palestinians. "In our opinion he can
be brought to justice in Belgium."
Lawyers representing 23 survivors of the massacres in the Sabra
and Chatilla refugee camps lodged a complaint with a Belgian
judge in June demanding Sharon's indictment.
He was defense minister at the time when 800 Palestinian
civilians were slaughtered by a Lebanese militia allied to the
Israelis. Israeli inquiries found Sharon indirectly responsible and
he resigned as defense minister.
Lawyers representing Sharon and the state of Israel argue
Belgium has no jurisdiction and say a decision to take on the case
would violate international law.
"Belgium is not competent" to judge the case, insisted Sharon
lawyer Adrien Masset.
A Belgian magistrate opened an investigation into the case in July,
but it was suspended in September pending a court ruling on
whether Belgium has jurisdiction.
If the court accepts the case, the investigation will start legal
proceedings that could take years.
In the only case so far tried under the Belgian laws, four
Rwandans were sentenced in June to between 12 and 20 years
imprisonment for their role in the 1994 genocide of the country's
Tutsi ethnic minority. The judgment came seven years after
complaints were first filed.
The Belgium government plans to ask parliament next year to
modify the legislation making it harder to use the law against
serving heads of government. Meanwhile, the government says it
cannot interfere in the independent working so of the judiciary.
