May 15, 2003	Thursday	Rabi-ul-Awwal 12, 1424

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BRUSSELS, May 14: The US commander in Iraq, Gen Tommy Franks, was accused of war crimes on Wednesday in a Belgian lawsuit that has provoked stern warnings from Washington.

Nineteen plaintiffs filed the suit under Belgium’s controversial “universal competence” law, which allows charges to be brought regardless of where the alleged crimes took place.

The legal action will likely further cloud relations between the United States and Belgium, already soured recently by the latter’s fierce opposition to the Iraq invasion.

The new lawsuit relates to about 20 alleged crimes during the Iraq war, including three cases in which US troops are accused of firing on ambulances, according to the plaintiffs’ lawyer, Jan Fermon.

“Gen Franks is responsible as commander-in-chief for the way some of his men acted on the ground: for instance the use of cluster bombs on civilian areas is a war crime,” Mr Fermon told reporters.

The plaintiffs comprise 17 Iraqis and two Jordanians — the widow and father of Tareq Ayub, a Jordanian correspondent for Arabic satellite broadcaster Al Jazeera, who was killed on April 8 when a US tank shell hit a Baghdad hotel.

The suit also names Marine Lieutenant-Colonel Brian McCoy, who is accused of designating the ambulances as “legitimate targets” because he suspected them of harbouring gunmen.

In addition, the case cites the ransacking of a Baghdad cultural centre “under the eyes of American soldiers”.

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, the nationality of the accused or the victims.

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

It has drawn strong criticism from the United States, which has warned that Belgium’s standing as an international hub is at risk.

The Belgian government made clear its unhappiness about the new suit against Franks.

“It’s an abuse of the law,” Foreign Minister Louis Michel said, according to his spokesman.

“The United States is a democracy and I don’t see why this lawsuit has not been introduced in that country,” Mr Michel said. “Belgium has no pretensions to judge the United States.”

The chairman of the US Joint Chiefs of Staff, Gen Richard Myers, said on Tuesday the impending lawsuit was very serious and could have an effect on the travel arrangements of US officials.

“It’s looked upon by the US government as a very, very serious situation,” he said during a visit to NATO headquarters in Brussels.

The alliance itself sought to downplay the affair. “We’re not considering moving NATO, or anything like that,” said an official.

“The Belgian authorities understand the serious character of this, and do not want the law to be used for political ends,” he added.

In March US Secretary of State Colin Powell said that, unless restricted, the law could affect the activities of both the European Union and NATO.

Last month, 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 suits in Belgium and allowed the government to refer certain cases back to the accused party’s own country.

Mr Fermon lodged the case with the federal prosecutor’s office in Brussels, which will decide within a month whether to refer the suit to an investigating judge.

The suit was also filed with the justice ministry, which could decide to send it to US prosecutors. —AFP