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The American Enterprise

| September 01, 2003 | Richard, Courtney | COPYRIGHT 2003 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

An old adage says that democracies do not wage war against each other. Democratic nations, nonetheless, are finding a new way to express their disdain for their allies' foreign policies: They take the heads of government to court.

Since 1993, Belgium, through its "anti-atrocity law," has claimed universal jurisdiction for crimes "so serious that they amount to an offense against the whole of humanity." Belgium claims the right to prosecute such crimes regardless of the nationalities and whereabouts of the claimants or the defendants. As a result, the Belgian court system has become a forum for aggrieved activists to have their political views recognized on the world stage. Suits have been filed against true tyrants like Fidel Castro and Saddam Hussein, as well as democratic leaders like Tony Blair and George W. Bush.

Claimants include Belgium's state prosecutor, atrocity victims, and bystanders. In a recent suit against U.S. General Tommy Franks, four doctors with Medicine for the Third World, a Belgian relief organization, alleged that the U.S. military showed disregard for civilian life in Baghdad.

Universal jurisdiction suits can also become quite vindictive. In 2001, three lawyers filed a suit against Ariel Sharon and other top Israeli officials on behalf of 28 survivors of the Sabra and Shatila massacres in 1982. Denying the charges, Israeli officials have threatened to prosecute Belgian officials for their admitted role in the 1961 murder of Patrice Lumumba, Prime Minister of the Congo.

Early this summer, the United States put pressure on ...

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