Israel's daily newsmagazine

 
 


Sharon's Belgian defense swings into high gear
By Ellis Shuman   July 31, 2001

07/27 Israel compiling list of states with 'universal jurisdiction'
Jerusalem Post

07/06 Belgium 'embarrassed' by probe of Sharon
Washington Post





Ariel Sharon



Elyakim Rubinstein


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Belgian lawyer Michele Hirsch, hired by the State of Israel to defend Prime Minister Ariel Sharon in a potential Belgian lawsuit. (Reuters)
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Something rotten in Denmark
Sharon fishes for European support as right pressures to end restraint
Trial by TV: Israeli PM "Accused" by the BBC
   
Prime Minister's Office
Report of the Kahan Commission of Inquiry
Belgian attorney Michele Hirsch, hired by the State of Israel to defend Prime Minister Ariel Sharon against charges of alleged '"war crimes," will state that the case infringes upon Israel's judicial sovereignty. Hirsch will argue that the case had already been decided when an official Israeli commission of inquiry found Sharon indirectly responsible for the massacre of hundreds of Palestinians in the Sabra and Shatilla refugee camps in Lebanon in 1982.

"There is a breach of the sovereignty, even the judiciary, of the state of Israel,'' Hirsch told Reuters.

Hirsch, a well-known advocate of human rights cases, will

 

"The [Belgian] case is a political act and not a real legal case."
- Attorney-General Elyakim Rubinstein
tell Belgian examining magistrate Patrick Collignon that Sharon should not have to answer the charges. Collignon opened the probe earlier this month after finding merit in two complaints filed against Sharon for his alleged role in the Sabra and Shatilla massacre.

Between 800 and 2,000 civilians were killed in the camps at the hands of the Christian Phalangist militia, who were Israel's allies during the 1982 war in Lebanon. The Kahan Commission of Inquiry found that Sharon, Israel's Minister of Defense at the time, was "responsible for ignoring the danger of bloodshed and revenge when he approved the entry of the Phalangists into the camps as well as not taking appropriate measures to prevent bloodshed." The finding that Sharon bore indirect but personal responsibility for the massacres led to his resignation from the Ministry of Defense.

One suit was filed against Sharon by an ad hoc group of Palestinian, Lebanese, Moroccan and Belgian nationals, charging him with responsibility for the refugees' deaths. The second suit, filed by 23 survivors of the massacres as well as five eyewitnesses, charges Sharon with crimes against humanity, genocide and war crimes.

The cases against Sharon arise from a Belgian law, passed in 1993, which permits Belgian courts to try cases of war crimes, crimes against humanity and genocide, regardless of where they took place or the nationality or residence of either the victims or the accused.

Belgian attorney Luc Walleyn, working on the case at the behest of the petitioners, claims that everyone involved is being investigated, including Sharon, IDF soldiers and Lebanese Phalange militiamen.

"This is not a matter for Belgium and the magistrate is not competent," Hirsch told AFP last week. Collignon ruled earlier this month that he was competent to investigate the case.

Hirsch bases her argument for dismissal on International Court of Justice statutes, which Belgium has ratified. The court, due to be established in the Netherlands next year, "foresees that penal prosecution is not admissible when the state concerned had decided not to continue. That's the case here,'' Hirsch said.

Hirsch meets Israeli legal team
Hirsch, who was hired by the State of Israel and not by Sharon personally, visited Israel secretly last week and met the Israeli team responsible for dealing with the possible lawsuit. After initially disregarding the significance of the charges being raised against Sharon, a formidable defense team has been established to coordinate efforts with Hirsch.

At the head of the Israeli defense team is Attorney-General Elyakim Rubinstein. Rubinstein said, "The [Belgian] case is a political act and not a real legal case, even if Belgian legal institutions are involved." Rubinstein added, "The State of Israel is obligated to defend those who serve the State."

Also on the defense team are Irit Kahan, head of the criminal department in the Ministry of Justice, and attorney Alon Geller, the Prime Minister's legal adviser. Completing the team are Cabinet Secretary Gideon Sa'ar, Foreign Affairs Ministry Director General Avi Gil and the Ministry's legal adviser, Alan Baker.

With Sharon facing legal proceedings in Belgium, and voices in Denmark calling for the arrest of Israel's newly-appointed ambassador, Carmi Gillon, the Foreign Ministry has drawn up a list of countries with "universal jurisdiction" in order "to know where we stand," Baker said last week. "This has all come about because of the regrettable tendency to globalize criminal law and then politically abuse it against us," Baker said.

Israeli officials fear additional proceedings may be launched against Israeli Chief of General Staff Lt.-Gen. Shaul Mofaz and others for their roles in combating Palestinian violence.

"This is not a personal matter against me," Sharon told reporters last week, referring to initial reports that his office had hired a Belgian law firm to represent him in the legal proceedings. "Israel is standing before a problem of an attempt to harm Israel and the Jewish people, so there is activity under way to halt that danger," Sharon said.