Protecting
A Nation’s Sovereignty – U.S. Congressman Fights "Outrageous"
Belgian Notions
Last
Friday in Tirana, Albania — US Secretary of State Colin Powell
signed an agreement with Albania that would grant US and Albanian
citizens immunity from prosecution by the new International Criminal
Court.
In
Washington D.C. last week U.S. Congressman Brad Sherman, the top
Democrat on the new House Subcommittee on International Terrorism,
Non-proliferation and Human Rights, continues to call on the Belgian
government to clarify their laws concerning the prosecution of
non-Belgians for crimes against humanity.
"NATO headquarters in Brussels, and American
military officers and political officials have reason to visit
Belgium quite frequently. It is outrageous to for American military
officials, or Congressmen for that matter, to be subject to frivolous
charges in Belgian courts," said Sherman. "They need
to give U.S. military and political decision-makers assurances
immediately."
The Belgian Supreme Court recently held that Belgium,
utilizing a theory of "universal jurisdiction" over
war crimes and other crimes against humanity, may arrest and try
Israeli military officials for alleged crimes which take place
outside of Belgium and, in fact, outside of Europe.
In March 2003, Sherman wrote to Belgian’s Minister
for Foreign Affairs asking, "What assurance can you give
me that these same legal assertions will not be made to allege
jurisdiction over American military officers and political officials
visiting Belgium who have supported, authorized, or carried out
military actions against the government of Iraq?"
"Inevitably, American detractors, including
perhaps some in Belgium, will claim that US military action against
Iraq is ‘criminal,’ and that civilian casualties in Iraq resulted
from the "criminal" acts of American military personnel
and/or political decision-makers," he said.
News reports
validated Sherman’s concerns, saying that a number of Iraqis are
filing a war crimes case against U.S. Gen. Tommy Franks, in Belgian.
Lawyer Jan Fermon said he would file the lawsuit in a Brussels
court next month on behalf of the Iraqis.
The text of Sherman’s March letter follows.
March 17, 2003
H.E. Louis Michel
Minister for Foreign Affairs
Karmelietenstraat 15
B-1000 Brussel, Belgium
Dear Minister Michel:
As you know, with NATO headquarters in Brussels,
American military officers and political officials have reason
to visit Belgium quite frequently. I understand that the Belgian
Supreme Court, utilizing a theory of "universal jurisdiction"
over war crimes and other crimes against humanity, has recently
held that it has the right to arrest and try Israeli military
officials for alleged crimes which take place outside of Belgium
and, in fact, outside of Europe.
What assurance can you give me that these same
legal assertions will not be made to allege jurisdiction over
American military officers and political officials visiting Belgium
who have supported, authorized, or carried out military actions
against the government of Iraq? Keep in mind that it is inevitable
that American detractors, including perhaps some in Belgium, will
claim that US military action against Iraq is "criminal,"
and that civilian casualties in Iraq resulted from the "criminal"
acts of American military personnel and/or political decision-
makers.
What principles are firmly established under Belgian
law which would prevent the arrest and trial of Americans for
actions alleged to have taken place in Iraq, or decisions alleged
to have been made in Washington, regarding the conduct of any
war against Iraq?
Perhaps in answering these questions, the legal
staff of the Ministry of Foreign Affairs and/or the Ministry of
Justice could provide me with an analysis in the form of a memorandum,
so that I would be certain that officials of the United States
government, including Members of Congress, as well as members
of the US military, will not be subject to arrest and trial for
alleged activities occurring outside of Belgium which are connected
to war in Iraq.
Hopefully, this legal analysis will reach the
conclusion that Belgian law provides protections for American
as well Israeli military and civilian officials. If not, I would
hope that the legal analysis would distinguish why Americans are
not subject to prosecution, but Israelis are.
Sincerely,
BRAD SHERMAN
Member of Congress