Sharon Faces Belgian Trial After Term Ends
Belgium's highest court said today in Brussels that Prime Minister Ariel Sharon of Israel could be tried for war crimes under the nation's laws, but not as long as he enjoyed the immunity of his office.

The ruling, while blocking the case against Mr. Sharon, did allow a Belgian court to hear the case against Mr. Sharon's co-defendant, Amos Yaron, the former Israeli Army chief of staff.

In its summary, the high court said investigations and a trial could proceed even if a suspect was not physically present in Belgium. Several cases involving foreign leaders, past and present, had been on hold for almost a year, pending the high court's decision.

The case against Mr. Sharon and Mr. Yaron dates back to 2001, when survivors of the 1982 massacres at the Sabra and Shatila refugee camps in Beirut filed a criminal complaint, holding the two Israelis responsible for the deaths of their relatives. Christian militias, backed by Israel, did the killing, but an Israeli commission of inquiry in 1983 concluded that Mr. Sharon, then the defense minister, had a personal responsibility for the events.

By filing their case in Belgium, the survivors hoped to make use of the country's 1993 law that allows the courts "universal jurisdiction" over crimes against humanity or war crimes anywhere.

Many states have given their courts universal jurisdiction over some crimes. But until now, Belgium's so-called antiatrocity law went further by barring immunity claims and by allowing the courts to investigate crimes committed anywhere, regardless of the nationality of the victims or the perpetrators.

Today's ruling recognized the immunity of high public office, like the posts of prime minister, president and foreign minister. But the judges implied that the case against Mr. Sharon could be pursued after he left office, lawyers said. Citing that ruling, Luc Walleyn, a lawyer for the plaintiffs, hailed the decision as a victory.
http://www.nytimes.com/2003/02/13/international/europe/13BELG.html