ISRAELIS HOPE EARLY PROTEST WILL QUASH THREATENED

C O N F I D E N T I A L BRUSSELS 002788

SIPDIS

NOFORN
SIPDIS

E.O. 12958: DECL: 08/10/2011
TAGS: PREL MARR BE IS
SUBJECT: ISRAELIS HOPE EARLY PROTEST WILL QUASH THREATENED
LAWSUIT UNDER UNIVERSAL COMPETENCE LAW

REF: A. ANDREWS-REITER EMAIL


B. 11 AUGUST 06

Classified By: Charge d'Affaires, a.i., Will Imbrie, Reasons 1.3 (b) an
d (d)


1. (C) Summary: A Belgian/Lebanese medical doctor has
denied press reports he intended to file suit under the
controversial universal competence law against Israeli
leaders for the near destruction of his property in Lebanon.
The Israeli embassy fears the doctor eventually may go ahead
with a suit and that the federal prosecutor might be willing
to permit such an action to go forward. The Israelis here
have recommended delivery of a strong protest to the Belgians
from senior levels of the Israeli government as soon as
possible. Embassy contacts with the prosecutors and MFA
highlighted the federal government's ability to block
prosecution. End summary.


2. (U) Ali Abdulsater, a Belgian physician of Lebanese
origin, has denied press reports that he intends to file suit
against Israel's political and military leadership under
Belgium's "Universal Competence" law. According to the
press, the doctor's property in Lebanon suffered extensive
damage during an air raid and he allegedly contemplated
taking legal action as a result. In response to Abdulsater's
denial, the newspaper responsible for the original report
said it possessed a document proving the contrary and that
additional lawsuits might be filed soon.


3. (U) As amended in April 2006, the Universal Competence
legislation provides a legal vehicle for Belgians, long-term
legal residents, and refugees to seek damages resulting from
serious violations of international humanitarian law.
Complainants also gained the right to appeal decisions by the
federal prosecutor not to pursue a complaint.


4. A decision by the Federal Prosecutor to proceed would have
to rest on one or more factors, including, but not limited
to:

-- the immunity of the person against whom the complaint was
made;

-- the absence of a clear factual basis;

-- the complaint's failure to meet the law's definition of a
serious violation of humanitarian law; or

-- the absence of an agreement between Belgium and the
country of the accused that made clear that this nation was
also a democratic state governed by the rule of law.


4. (C) Contacts at the Federal Prosecutor's Office and the
Israeli embassy told us that no legal action had been
initiated as of August 11. The Israelis believe nonetheless
that Abdulsater may proceed with his complaint, possibly
after the August holidays. According to the Israeli DCM
(protect),this fear rested on information the Israeli
embassy's attorney reportedly received informally from
Abdulsater's lawyer.



5. (C) The Israelis suspect the federal prosecutors might be
prepared to let a court case go forward for unspecified
reasons. (This information again came from their lawyer.)
To limit the possibility that the suit might reach the
courts, the Israeli embassy had recommended the issuance of a
strongly worded, high level protest from the Israeli MFA
directly the Belgian embassy in Israel. By "using the
cannons" first, the Israelis hope the Belgians will be
interested in avoiding the foreign policy headaches that the
Universal Competence law caused them a few years ago. The
Israeli government had taken no action on this request by
August 11.


6. (C) In informal discussions, the Belgian Prime Minister's
office and the MFA have described the government's ability to
block prosecution on a variety of grounds, including the
possibility of damage to Belgian's diplomatic relations.
(Comment: based on the otherwise woolly language about
agreements between Belgium and other democratic states. End
Comment). The Prime Minister's Security Adviser and
officials in the Foreign Minister's private office told us of
their determination to fulfill promises to block frivolous or
politically-motivated prosecutions. Imbrie
.