Palestinian hopes of putting Israeli Prime Minister Mr Ariel Sharon on trial in Belgium for war crimes were derailed today when judges declared the case inadmissable.
The indictment chamber of the Brussels appeals court ruled the case could not proceed because Mr Sharon was not in Belgium.
Twenty-three Palestinians wanted Mr Sharon to be tried in Belgium for his role in the September 1982 massacres of Palestinians at the Sabra and Shatila refugee camps, perpetrated by Israeli-allied Christian militia during Israel's invasion of Lebanon.
They based their case on a "universal competence" law that enables Belgian courts to try cases of war crimes, crimes against humanity and genocide, regardless of where the outrages took place.
Summing up today’s ruling, court spokesman Mr Guy Delvoie said: "The Belgian courts have competence with regards to cases that concern serious violations of human rights."
"But for cases based on universal competence . . . it is necessary that the alleged perpetrators be in the territory of the kingdom (of Belgium). Otherwise they are inadmissable," he said.
The director of European affairs at the Israeli foreign ministry, Mr Daniel Shek hailed the ruling in the Sharon case.
But a Sabra and Shatila survivor who lost her father and six brothers in the massacre told reporters: "My disappointment with Belgian justice is complete."
"I would have preferred to have died than to hear this," said survivor, Ms Souad Srour El Marai (37), who was herself left handicapped after she was raped and injured during the violence.
Human rights groups deplored the ruling. New York-based Human Rights Watch said: "This decision is a great disappointment not only to the victims of the massacre at Sabra and Shatila but to atrocity victims everywhere who have placed their hopes for justice in the Belgian courts."
"It's a terrible blow for universal justice in Belgium," said Mr Montserrat Carreras, representing Amnesty International.
AFP