The controversial summer 2003 amendment has not dealt a fatal blow to the Belgian law on universal jurisdiction, according to Gérard Dive, advisor to the justice ministry on international law. Only about ten cases out of fifty «no longer fit the criteria», he says, and «most of these concern important individuals
protected by international immunity», referring to the cases filed against George Bush, Colin Powell and Ariel Sharon. The controversial summer 2003 amendment has not dealt a fatal blow to the Belgian law on universal jurisdiction, according to Gérard Dive, advisor to the justice ministry on international law. Only about ten cases out of fifty «no longer fit the criteria», he says, and «most of these concern important individuals
protected by international immunity», referring to the cases filed against George Bush, Colin Powell and Ariel Sharon. The changes to the «genocide law», which were voted in after strong pressure from the US, have relieved Belgium of diplomatic dispute. The condition of having a minimal attachment to Belgium has been respected in the cases that are already underway, including those against the former Chadian dictator Hissène Habré and General Augusto Pinochet. But it is the Rwandan genocide that has again given fresh impetus to the Belgian policy of punishing international crimes. The Brussels Appeals Court has just confirmed the start of a new trial of two Rwandan tradesmen, Etienne Nzabonimana and Samuel Ndashikirwa, from the Kibungo region. The genocide suspects have been imprisoned in Belgium since the end of 2002, and are to be tried before a jury on 9 May, 2005. At least two other cases are also pending. Firstly, that of Bernard Ntuyahaga, ex-major of the Rwandan Armed Forces, who is charged in connection with the murder of six Belgian peacekeepers in Kigali on 7 April 1994. Last March, he was voluntarily transferred to the Belgian courts after spending five years in prison in Tanzania, where he ran the risk of being transferred to Rwanda. The second case concerns another top leader of the Interahamwe militia, Ephren Nkezabera, former president of the Banque Commerciale de Rwanda, who was arrested in Brussels in June. Cautiously, Federal Prosecutor Philippe Meire estimates that these two cases could lead «to new trials by the beginning of 2006».