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Sharon & Yaron case, Appeal Court, 26 June 2002 & 10 June 2003 and Cour of Cassation, 14 February 2003 & 24 September 2003



26.06.2002
Cour d'appel (Chambre des mises en accusation), Cour de Cassation

Summary
On 12 February 2003, the Court of Cassation quashed the 26 June 2002 ruling of the Appeal Court’s Accusation Chamber in the Sabra and Shatila case. The Court of Cassation held that a prime minister benefits from immunity as long as he is in office and thus cannot be prosecuted during that time, while persons not benefiting from immunity can be prosecuted, wherever they may be. The judgment thus invalidates the interpretation of the 1993 law on universal jurisdiction made by the Accusation Chamber whereby article 12 of the Law of 17 April 1878, requiring the presence of the suspect on the territory, was applicable in relation to offences set out in the 1993 law.

The attachments include:
- Arrêt de la Cour d'appel (Chambre des mises en accusation), 26 June 2002 (summary)
- Arrêt de la Cour de Cassation, 12 February 2003
- Arrêt de la Cour d'appel (Chambre des mises en accusation), 10 June 2003
- Arrêt de la Cour de Cassation, 24 September 2003 (by which jurisdiction of Belgian courts over the case was denied, in view of the entry into force of the amendments to the 1993 law on violations of international humanitarian law)

Decision
File TypeSizeFile Name
application/pdf 240 KB Sharon & Yaron case - decision of 26 June 2002.pdf
application/pdf 18 KB Sharon & Yaron case - decision of 12 February 2003.pdf
application/pdf 75 KB Sharon & Yaron case - decision of 10 June 2003.pdf
application/pdf 12 KB Sharon & Yaron case - decision of 24 September 2003.pdf