To: Hawkmoon who wrote (3853 ) 2/12/2003 7:58:01 PM From: Nadine Carroll Read Replies (2) | Respond to of 15987 Maybe Reuters had it right after all (in which case the AP screwed up): Ambassador recalled to protest Belgian decision on Sharon By HERB KEINON Advertisement Foreign Minister Binyamin Netanyahu recalled Ambassador to Belgium Yehuda Kenar for consultations Wednesday night. The move came to protest the ruling by Belgium's Supreme Court that Ariel Sharon can be tried for war crimes once he no longer enjoys immunity as prime minister. The ruling opened the way for survivors of the 1982 Sabra and Shatila massacre to press their case in Belgian courts once Sharon leaves office. "This decision is scandalous, and it legitimates terror and damages those who fight terrorism," Netanyahu said in a statement. "Belgium is not only hurting Israel but the entire free world, and Israel will respond to it very severely." Netanyahu said those who are fighting terror are turned into the accused, while the terrorists are turned into the victors. In addition to recalling Kenar, he also intends to summon Belgian Ambassador Wilfred Geens to the Foreign Minister on Thursday to protest the decision. "This is a victory for international justice and for the victims," Luc Walleyn, one of lawyers for the plaintiffs, told Reuters at the courthouse. The survivors had appealed against a lower court ruling last June that Sharon could not be prosecuted for the massacre because he was not in Belgium. The plaintiffs are using a Belgian law which gives the state universal jurisdiction to try suspected war criminals, even if they are not Belgian citizens and even if the actions they allegedly committed did not take place on Belgian soil or involve Belgians. One senior diplomatic official said after the ruling that the law can now be taken to absurd extremes. US or British soldiers who may soon be engaged in a war in Iraq may find themselves on trial in Belgian court in a few years because someone, somewhere, believes they committed war crimes and decides to file a legal complaint in Brussels. "We view very gravely Belgium's arrogating to itself the right to deal with issues that are none of its business, while exploiting and abusing events of the past through judicial means to slander and attack Israel," the official said. He said the entire case against Sharon shows "how the legal systems in a country can be used and abused for political reasons." Sharon, as he has throughout the legal proceedings over the last 18 months, did not respond to the ruling. "He does not see this as a personal issue, but an issue of principle," the official said. "They are not attacking Sharon, but Israel." Although Sharon enjoys immunity, Defense Ministry Director-General Amos Yaron, one of the chief Intelligence Corps officers in the area at the time, who was also named in the complaint, does not. Daniel Shek, head of the Foreign Ministry's European Division, said that "for us legal action against any Israeli citizen the prime minister or anybody else in Belgium or elsewhere is problematic and unacceptable." Shek said that in the next few days the government will study the decision and decide on its course of action. While this legal process has played itself out, Shek said, there have been negative repercussions on relations with Belgium. "We had hoped the court's decision would end this unfortunately that is not the case," he said. "I'm afraid the relations between the two countries can not go back to normal, as we had hoped." A senior Belgian diplomat said his government is concerned that the universal jurisdiction law will lead to further trials that could cause diplomatic embarrassment. He cited one group of survivors of the 1995 Srebrenica massacre in Bosnia which has already declared its intention to take the Dutch government of the time to court for its moral responsibility. Last year, the Dutch cabinet resigned after a report slamming the inaction of Dutch peacekeeping troops. Also embarrassing for the Belgian political establishment is the fact that one of the groups pushing charges against Sharon is led by Dyab Abu Jahjah, an Islamic populist who heads the Sabra and Shatila Committee and its mother organization, the Arab European League. The media interest surrounding the court case has given him added publicity at a time when the Belgian government is looking for ways to ban his organization. Corinna da Fonseca-Wollheim contributed to this report.jpost.com