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May 14, 2003 Wednesday Rabi-ul-Awwal 11, 1424





Suit against Franks to be filed today


BRUSSELS, May 13: Relatives of victims of the Iraq war are to file a lawsuit alleging war crimes on Wednesday against US General Tommy Franks, the commander of coalition forces during the conflict, a lawyer said on Tuesday.

The plaintiffs, mostly Iraqis, will file the suit under a disputed Belgian “universal competence” law which allows charges to be brought regardless of where the alleged crimes took place.

Their suit relates to about 20 alleged crimes during the Iraq war, including three cases where US troops are accused of firing on ambulances, said lawyer Jan Fermon.

The plaintiffs include Dima Tahbub, the widow of a Jordanian correspondent for Qatar-based Arabic satellite broadcaster Al-Jazeera, Tareq Ayub, who was killed on April 8 in a US bombing, he said.

The “universal competence” law, in force since 1993, allows Belgian courts to rule on alleged crimes under international law, regardless of where they were committed, or the nationality of those accused of the victims.

The impending lawsuit has already sparked alarm in the US government, which remains concerned about the controversial law despite recent moves by the Belgian parliament to limit its scope.

The lawsuit shows “the danger of a judicial system that’s open to politically motivated charges,” State Department spokesman Richard Boucher said last month.

The Belgian lawyer said some of the allegations are backed up by witness statements by two doctors from a Belgian medical aid group, “Medecins pour le Tiers-Monde” (Doctors for the Third World).

Fermon is also representing several victims of fragmentation bombs as well as civilians fired upon when US troops entered Baghdad, he said.

The lawsuit will also related to the ransacking of a cultural centre “under the eyes of American soldiers.”

In early April, Belgian lawmakers tightened up the law to increase the power of federal prosecutors to decide whether to proceed with a suit.

The amendments also curtailed the ability of foreigners to file suit in Belgium and allowed the government to refer certain cases back to the accused’s own country.

In March US Secretary of State Colin Powell said that, unless restricted, the law could affect Belgium’s status as an international hub, including the European Union as well as NATO.

Some 30 current or former political leaders are facing legal action under the law, including Israeli Prime Minister Ariel Sharon, Palestinian leader Yasser Arafat, former US president George Bush and Powell.—AFP






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