Twenty-eight Palestinians will this week in Belgium present
charges of crimes against humanity against Ariel Sharon, making
the Israeli prime minister the latest political leader to face
universal jurisdiction outside his own country.
The charges relate to the 1982 massacre in the Shatilla and
Sabra refugee camps, Beirut, when Israeli-allied Christian
militiamen butchered at least 1,000 unarmed Palestinian
civilians.
An Israeli commission of enquiry led by Yitzhak Kahan found
Mr Sharon "personally responsible" for the massacre.
Mr Sharon, the chief driving force of an invasion that had taken
Israeli armed forces into Beirut at the cost of 20,000 lives,
subsequently resigned his post as defence minister.
"There is an increasing trend towards universal
competence in crimes that are especially heinous, shown by the
[General Augusto] Pinochet case and then by the International
Criminal Tribunals for both Former Yugoslavia and Rwanda,"
said Chibli Mallat, a Lebanese lawyer advising the Palestinian
refugees.
"We have chosen to present the case in Belgium because
it has a universal jurisdiction law, passed in 1993 and
strengthened in 1999. It is not necessary for the plaintiff or
the accused or the crime itself to have been committed in
Belgium.
"What is necessary is that the crimes are so great as to
be against humanity or are serious breaches of international
humanitarian law. We have assembled gruesome evidence from 28
survivors of the Sabra and Shatilla massacres. Armed Palestinian
fighters had left the camps after guarantees of safety given by
Philip Habib [the US special envoy]."
The complaint against Mr Sharon will be referred to an
investigative judge who will decide how to procede. Mr Mallat
said it was possible that Mr Sharon could be arrested if he were
to visit Belgium, although he would probably have immunity on
any official visit.
"The victims are entitled to justice, after 20 years of
oblivion," said Mr Mallat. "This is the first time
they will have their say in court."
Mr Mallat has also worked as an advisor to Indict, the
international campaign to charge Saddam Hussein, Iraq's
president, with crimes against humanity.