Sharon et al. fr

Country of proceedings: Belgium
Context of crimes: Libanon
Date: 2001 – 2003
Keywords: Immunity (Head of State), jurisdiction (universal)

Court Documents (in French)
18-06-2001 – Plainte avec constitution de partie civile
23-01-2003 – Cour de cassation : Conclusions du procureur général
12-02-2003 – Cour de cassation : Arrêt
10-06-2003 – Cour d’appel : Arrêt de la Chambre des mises en accusation
24-09-2003 – Cour de cassation : Arrêt

Additional documents
08-02-1983 – Report of the Commission of Inquiry into the events at the refugee camps in Beirut

Presentation of the case
On 18 June 2001, 23 survivors of the Sabra and Shatila camps initiated legal action in Belgium against Ariel Sharon, Amos Yaron and “other Lebanese and Israeli leaders” responsible for the events in those camps in September 1982. Arial Sharon, who was Minister of Defence during the period considered, and Amos Yaron, a Brigadier General in the Israeli army and a Division Commander, were accused of genocide, crimes against humanity and violations of the Geneva Conventions pursuant to the Belgian 1993 universal jurisdiction law.

On 26 June 2002, the Brussels Court of Appeal declared the action inadmissible because of the absence of the accused from the Belgium territory at the time the complaint was issued (cf. Yerodia and Gagbo cases). On 12 February 2003, the Cour de cassation nullified this decision, but highlighted that proceedings could not continue as long as Sharon was granted Head of State immunity as Prime Minister of Israel. On 10 June 2003, the Brussels Court of Appeal confirmed the continuation of the proceedings against Yaron and others.

On 29 July 2003, the universal jurisdiction law was repealed giving jurisdiction to Belgium only if the accused or the victim(s) are Belgians, or living in Belgium, or if Belgium is required by an international treaty to prosecute the alleged crimes. Pursuant to this new law, on 24 September 2003, the Cour de cassation declared that Belgium did not have jurisdiction over the accused.

Other cases involving a Head of State (Country of proceedings)

• Al-Dujail (Saddam Hussein et al.) (Iraq)
• Bush et al. (Belgium, Switzerland)
• Castro et al. (Belgium)
• Habré, Hissène (Belgium, Chad, Senegal)
• Juicio a las Juntas militares (Argentina)
• Mamani, et al. v. Sánchez de Lozada & Mamani, et al. v. Sánchez Berzain (United-States)
• Mengitsu Haïle Mariam (Ethiopia)
• Pinochet, Augusto (Belgium, Chile, Spain, United-Kingdom)
• Pol Pot & Leng Sary (Cambodia)
• Sharon et al. (Belgium)