New Belgian Government moves to repeal war crimes law, July 2003

A further easing of EU-US tensions might be expected following a decision by the new Belgian Government to scrap the country's controversial war crimes law. The 1993 law gives Belgian courts 'universal jurisdiction', allowing them to try people suspected of war crimes or genocide, irrespective of where the acts were allegedly committed or the nationality of those involved.

The unique law has come to prominence in recent months following the war in Iraq. Amongst those accused were US President George Bush, Vice-President Dick Cheney, Secretary of State Colin Powell, General Tommy Franks, and UK Prime Minister Tony Blair.

The BBC reported that the case against General Franks - brought by a group comprised mostly of Iraqi's - was said by Belgian Foreign Minister Louis Michel to be an 'abuse of the law'. Other concerns have also been expressed, including the suggestion that the law was being used as a way of obtaining publicity and that cases have been politically motivated.

US Secretary of Defence Donald Rumsfeld, speaking in June 2003, said: 'By passing this law, Belgium has turned its legal system into a platform for divisive politicised lawsuits against her NATO allies'.

The cases concerning the Iraq conflict have created problems not only for Belgium itself. NATO was involved, when the construction of new Alliance headquarters in Brussels was threatened after the United States said it would withdraw funding unless war crimes charges were dropped. EU-US tensions were exacerbated because of Belgium's EU membership and opposition to the US-led war in Iraq.

Anger on the part of the US caused the Belgian Government to introduce changes to the law, making it possible to refer charges back to the country of the accused person(s), providing that country 'has a fair and democratic legal system.' The case against General Franks has already been referred to the United States, as has that concerning President Bush. Accusations against Prime Minister Blair have reportedly been passed to the UK authorities. The cases against Mr Bush and Mr Blair have both been dropped.

Prime Minister Guy Verhofstadt announced soon after his appointment that 'Changing the universal competence law is a priority of this government'. A bill which Belgium's Parliament is expected to approve in the next few weeks will limit the competence of the country's courts to war crimes cases involving Belgians, or foreigners living in Belgium.

The decision to repeal the law has been condemned by the American group Human Rights Watch, which - according to the BBC - 'accused Belgium of giving in to pressure from the United States.'

Mr Verhofstadt was appointed as Belgium's Prime Minister on 12 June, after weeks of discussions between Liberals and Socialists finally ended in agreement to form another coalition government following elections on 18 May. The two parties had previously shared power with the Greens in a tripartite coalition.

Only one trial has taken place under the law: in June 2001, four Rwandans were found guilty of committing genocide in Rwanda in 1994. It had been hoped that the recently-established International Criminal Court would enable the international community to try cases concerning war crimes and genocide, but the United States has claimed immunity for its nationals - at least in the short term.

Links:

European Sources Online: Financial Times:
	13.07.03:	Belgium to drop controversial war crimes law
BBC News Online:
	14.07.03:	Belgium law change condemned
	14.05.03:	US general 'war crimes' case filed
	19.05.03:	Belgian PM set for second term
	19.05.03:	Belgian voters ditch Greens
	12.06.03:	US attacks Belgium war crimes law
	08.07.03:	Belgian deal after two months
	13.07.03:	Belgium scraps war crimes law
US Department of State:
	Homepage
	12.06.03:	Rumsfeld Warns Belgium Over Human Rights Lawsuits
Human Rights Watch:
	Homepage
	05.04.03:	Belgium: Anti-Atrocity Law Limited
European Sources Online: In Focus
	NATO slimmed down, as EU-US tensions continue, June 2003
	International Criminal Court: EU foreign ministers agree to bilateral agreements with the United States, October 2002

Eric Davies
Researcher
Compiled: Monday, 14 July 2003

The Belgian Government has decided to scrap the country's controversial war crimes law. The 1993 law gives Belgian courts 'universal jurisdiction', allowing them to try people suspected of war crimes or genocide, irrespective of where the acts were allegedly committed or the nationality of those involved.