BRUSSELS: Last Wednesday, the Belgian Court of Cassation (Belgium's Supreme Court for criminal cases) issued its ruling in a precedent-setting case involving the former Congolese Foreign Minister, Mr. Ndombasi Yerodia. Mr. Yerodia, like Ariel Sharon and Amos Yaron in the Sabra and Shatila case, stands accused of serious violations of international humanitarian law under Belgium's 1993/1999 law on universal jurisdiction for war crimes, crimes against humanity, and genocide
The Supreme Court quashed the decision of the Court of Appeals (Belgium's Indictment Chamber), for ruling (as it did in its decision in the Sabra and Shatila case on 26 June 2002), that universal jurisdiction can only be exercised when the suspect is on Belgian territory. While the Court of Cassation did not address that issue directly in its ruling last week, its decision is a welcome indication of the seriousness accorded to the principle of universal juridiction, and as such inspires hope that all victims of mass crimes can seek effective recourse before a neutral and independent judge.
The Supreme Court quashed the decision of the Court of Appeals (Belgium's Indictment Chamber), for ruling (as it did in its decision in the Sabra and Shatila case on 26 June 2002), that universal jurisdiction can only be exercised when the suspect is on Belgian territory. While the Court of Cassation did not address that issue directly in its ruling last week, its decision is a welcome indication of the seriousness accorded to the principle of universal juridiction, and as such inspires hope that all victims of mass crimes can seek effective recourse before a neutral and independent judge.