Opinion & Comment
Belgium Should Judge Itself

Belgium has decided that it can judge anyone who may have committed a crime, anywhere in the world. If anyone feels that anyone else in the world committed some sort of crime against humanity, then he can turn to the Belgian courts and ask for justice. This is because the Belgian state has declared that its courts have universal jurisdiction to judge anyone in the world, regardless of where the crime was committed.

Most countries limit their judicial systems to their own citizens or to crimes committed on their own soil. Though other countries have some sort of universal jurisdiction statutes on the books, none have been so aggressive in asserting their right as Belgium, though even Israel had to assert an extra-territorial right when it tried Adolf Eichmann and John Demjanjuk for Nazi crimes committed in Europe.

Generally, a foreign court intervenes in such a case only if the alleged criminal was not subjected to any other justice system. Ariel Sharon's conduct in the Sabra and Shatilla affair was definitely subject to the justice system of the State and he was investigated by an official panel which absolved him of responsibility though it did condemn his poor judgement. As such it is improper to force him to defend himself in court. The American justice system in fact includes guarantees against such situations, called "double jeopardy," in the 5th Amendment to the U.S. Constitution, which is part of what is known as the Bill of Rights.

Usually lost in the discussion is that no one familiar with the case ever accused Sharon of any form of direct responsibility. The worst accusation against him is that he should have expected it and could have prevented it. The actual murderers were Lebanese Phalangist gunmen acting in their own name entirely.

The events themselves took place 20 years ago. The Belgian law asserting its powers was passed 10 years ago. Yet no action was taken against Sharon until after he became Israeli prime minister two years ago. Also no action has been taken against the murderers, even though their identity is known. All this indicates that the moves against Sharon are more political than anything else.

Belgium has skeletons in its own closet as well. After Zaire -- then known as the Belgian Congo -- gained its independence in 1960 after being shamelessly exploited by the Belgian King Leopold and later by the Belgian republic, its new leader Patrice Lumumba was assassinated about six months later. A recent Belgian Parliamentary commission of inquiry found that the entire Belgian government at the time -- from the king to the members of the Parliament -- knew that Lumumba was in danger but no one did a thing to help him. The Parliamentary commission concluded that Belgium bears "moral responsibility" for the murder.

In that event, Belgium decided to suffice with an official apologoy, delivered by the current Foreign Minister. No steps were taken even against those who were directly involved in the murder, who are current residents of Belgium. It is exactly as Chazal said: Whoever criticizes, uses his own failings. (Kiddushin 70a)

This is not the forum to detail the full extent of Belgium's crimes in the Congo, nor its crimes of omission and commission under the Nazis.

It is clear that the Belgians welcome the international spotlight that is focused on them for threatening a sitting prime minister. They should not forget that such attention may also bring other things to the fore that will not be so comfortable for them.

With all the criticism we have of the Israeli government for failing to live up to the highest standards of the Torah, there is no doubt that the position and actions of the government still far exceed the highest international standards for morality and honor.

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