Belgium and world order

Ha'aretz Newspaper | February 15, 2003 | Editorial

[yonif]

The Belgian Supreme Court this week accepted an appeal by survivors of the Sabra and Chatila refugee camp massacres in September 1982, ruling that Israelis who do not have diplomatic immunity may be put on trial. The decision applies to those who were senior officers in the Israel Defense Forces at the time - the chief of staff, the theater commander, the divisional commander. It also applies to then defense minister Ariel Sharon, once the immunity he has by virtue of being prime minister lapses.

This judicial decision is rather astounding, as the Belgian prosecution also noted in its opposition to the survivors' petition. What is the connection between Belgium and the atrocities committed by Phalangists in Beirut, in terrority for which the IDF - acting on behalf of the Israeli government - was responsible? The prosecution had argued that for there to be grounds for trying someone suspected of crimes against humanity, some connection with Belgium was necessary.

Belgium's status is no different from that of any other sovereign state, and it is entitled to enact laws and judge its own citizens, or anyone who commits crimes against them. But the Belgian legislature has elevated its country's justice system above those of every other nation, and is trying to impose its rule on the citizens of countries with no connection to Belgium.

Israel has pursued and captured those guilty of crimes against humanity whose victims were members of its own nation, people who later became its citizens. Its laws forbid similar crimes and acts of massacre and murder. Policemen and soldiers accused of such crimes have been tried, and have not infrequently been convicted and served their sentences. Public outrage forced Menachem Begin's government - that same government that decided to deploy the IDF in West Beirut following the murder of Bashir Gemayel - to set up a state commission of inquiry. Its three members included both the sitting Supreme Court president, Yitzhak Kahan, and a future Supreme Court president, Aharon Barak.

Furthermore, the government almost unanimously adopted this commission's conclusions and recommendations, including firing Sharon as defense minister and limiting the tenures of senior officers. The indirect responsibility attributed by the commission to Sharon and others in no way reduced the direct and substantial responsibility borne by the Phalangists and others in Lebanon. But the proceedings in Belgium are not directed against them; they are aimed only at the Israelis.

The world order established in the wake of the Allied victory in World War II is based on the United Nations and the International Court of Justice in The Hague. Last year, an International Criminal Court with authority to try war crimes was also established, but it is not authorized to judge crimes committed before its establishment.

But there is no middle level, on which a particular country judges its neighbors' leaders, between the local justice systems of the UN's member states and the international justice system. It never occurred to Israel, for instance, to put on trial in Jerusalem Belgians suspected of being involved in massacring natives during that country's colonial occupation of the Congo.

The political background to the Belgian effort to put Ariel Sharon on trial is transparent and worrying, and it will certainly cast a heavy shadow on relations between Belgium and Israel. But it seems that the arrogance that prompted Belgium's assumption of the right to judge Israeli politicians and officers will in the end come back to haunt it. The presumption of the Belgian parliament, which enacted the universal jurisdiction law, is liable to destroy not only the Belgian legal system, but also its ties with the other nations in the world.

[Cicero]

Ha'aretz is usually pretty sympathetic to this sort of socialist nonsense, so it's good to see such a strong editorial arguing against it.

The Belgians are whited sepulchers. They have one of the worst human-rights histories in the world. They should not imagine that other sovereign nations will put up with this illegal infringement on their rights and the rights of their citizens. Nor should they assume that Germany and France will protect them against nations that may object to having their citizens mistreated.

[Celtjew Libertarian]

Of course, the people who approve of this sort of stuff from Belgium are the same people who complain that the U.S. is acting "unilaterally," when we have the U.K., Spain, Italy, a dozen or more other European nations, Turkey, Australia, and a few Arab nations with us. Feh.

[Opaque]

Beligum is synonymous with Anti-Semitism. I bet they want to put Sharon in the oven.

[yonif]

"Yoy cannot have it both ways. You cannot claim that Milosevic and Pinochet ARE indictable for alleged crimes against humanity and Sharon is NOT."

We are not claiming Milosevic and Pinochet are indictable for alleged crimes against humanity, THEY ARE indictable against these crimes, and Milosevic is already on trial.

Sharon was indictable for alleged crimes, but a commission in Israel found him indirectly responsible and after that he had to give up post of Defense Minister.

[scooby321]

The Belgians are the World's Largest exporters of Diamonds - Biggest Market US controled by WHO " Jews' Guess who cancelled all their orders ?

[The Electrician]

Really? By the same "logic" do you also believe that Boutros Boutros-Ghali should be indicted as a war criminal as a result of the massacre in Srebrenica where the blue-helmeted UN "peacekeepers" failed to take action to prevent the atrocity? He is surely indirectly responsible for that massacre, even though it was perpetrated by others. Certainly you wouldn't hold Milosevic responsible for that, would you? After all, weren't Milosevic's troops directly responsible? So, of course the Belgian court should indict Boutros Boutros-Ghali and give Milosevic a pass on this one. Makes sense, doesn't it?

[F16Fighter]

Belgium -- A country who can't decide if it's better suited as a herpes sore on the genitalia of France or a boil on the arse of Germany.

[mathurine]

While it is hard to remember where Belgium is or even if the place exists, it has established quite a reputation for pornography and sexual abuse of children. Who better, therefore, than an unknown nation of perverts to set themselves up in judgment. First to thine own self be false, and thou can ere be false to no man. La Freaks Belgiques.

[JoJo Gunn]

I've said it a million times, and I'll say it again-the European Union will be one of THE darkest stains on human history....

[Greybeard7]

Belgium's significance on the world stage:
Population=10,274,595
Area=11,700 sq mi

Compared to, say, Ohio:
Population=11,373,541 (7th in US)
Area=44,825 sq mi (34th in US)

Well that might not be fair, after all, Ohio is a pretty big place.

How about, say, Massachusetts:
Population=6,379,304 (13th in US)
Area=10,555 sq mi (44th in US)

Except for not being whiney, pompous asses in the UN and NATO, it would seem that the govenors of Ohio and Massachusetts have about as much impact on world events as Belgium. (And THEY have probably committed more military and economic resources to fight terrorism and ensure world peace than Belgium could even if it had the guts.)