Franks may face war crimes charge

Belgium is coming under pressure from the US to block a potentially explosive war crimes case against General Tommy Franks, commander of coalition forces in Iraq.

Jan Fermon, a Brussels lawyer, confirmed yesterday that 19 Iraqi plaintiffs were seeking to bring charges that would name the general and other US soldiers who had allegedly committed crimes.

Mr Fermon claimed there were 17 violations of Belgium's controversial 1993 war crimes law, which allowed universal jurisdiction until it was amended early this month.

The legal move could prove embarrassing for the government of Guy Verhofstadt, who opposed the war in Iraq along with France and Germany, and is now seeking to mend fences with the US.

Recent high-profile cases based on the law against Israel's prime minister, Ariel Sharon, and the former US president George Bush drew heavy criticism, although a Belgian court appeared to kill off the case against Mr Sharon last year when it declared that he could not be tried because he was not physically present in Belgium.

But this attempt may be more about publicity than justice. Changes to the law allows Belgium to refer foreigners facing war crimes charges to their own governments if these are democracies.

The new version also allows the judiciary to reject complaints filed by plaintiffs who have lived in Belgium for less than three years or those in which the victim or the alleged perpetrator was not a Belgian.

Complaints will be investigated only if the public prosecutor's office decides Belgium is the right place to deal with the matter. Officials say that will be the exception not the rule.

But a US state department spokesman said: "We believe the Belgian government needs to be diligent in taking steps to prevent abuse of the legal system for political ends."

Mr Fermon claimed to be "optimistic" that his claim would be accepted under the new rules. "We have a very specific case, with specific evidence," he said. "I do not see how they can reject it."

Alleged crimes include the failure of US troops to prevent the looting of hospitals in Baghdad after the fall of Saddam Hussein, as well as a shooting incident on a Red Crescent ambulance.

Another claim involves the alleged US bombing of a crowded market in Baghdad, which Iraqi officials claimed killed more than 60 people.

Evidence including video footage and interviews was gathered by two Belgian doctors who were in Baghdad during the war.

Some 30 genocide cases have been lodged in Belgium including ones against Yasser Arafat, Saddam Hussein and Fidel Castro.