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June 28, 2001

Sharon: Criminal or Victim?

http://www.jewishjournal.com/world/article/sharon_criminal_or_victim_20010629

The accusation that Ariel Sharon is a war criminal -- back on the public agenda with two court cases in Belgium and a damning BBC documentary -- is the latest step in a campaign to discredit and delegitimize Israel, supporters of the Jewish state say.

A quick Internet search reveals a plethora of Arab and Muslim Web sites demanding that Sharon be "brought to justice" for the 1982 massacre of Palestinians by Lebanese Christians in the Sabra and Shatila refugee camps.

However, the Israeli premier also seems to be caught in the cross hairs of advocates of an international criminal court and a "universal justice" that knows no borders.

Sharon's Arab antagonists may indeed be motivated by enmity toward Israel, but the international court proponents seem intent primarily on winning symbolic victories that they hope might deter future atrocities.

It's highly unlikely that Sharon ever will wind up in the dock. But the Belgian cases and the BBC film have focused hostile attention on Israel and its leader precisely when the Jewish State is fighting what many see as an uphill battle for world opinion in the ninth month of the intifada.

The second half of the 1990s saw major strides toward prosecuting war crimes and gross violations of human rights.

It also emboldened those who have long wanted to go after polarizing figures such as Sharon, Henry Kissinger, Idi Amin, Muammar Gadhafi, Saddam Hussein, or the now-deceased Pol Pot and Hafez Assad.

No one was ever prosecuted for the Sabra and Shatila massacres, when Lebanese Christian militiamen killed some 800 Palestinian men, women and children. Several of the planners and leaders of the attack are prominent figures in Lebanon today.

In 1983, Israel established the quasi-judicial Kahan Commission to investigate the massacres. The commission found then-Defense Minister Sharon "indirectly responsible" because he had not foreseen the possibility that the Christians -- who had entered the camps to root out Palestinian terrorists hiding there -- would seek to avenge the recent assassination of their leader, Bashir Gemayel.

Sharon received what some saw as a slap on the wrist: He was pressured to resign as defense minister, but remained in the Cabinet as a minister without portfolio.

When Time later sought to assign Sharon a greater share of blame, he sued the magazine for libel. An American court ruled that the article was erroneous but lacked malicious intent.

On June 18, a group of 28 Palestinians filed suit under the 1993 Belgian law, charging Sharon with ultimate responsibility for the massacre.

The suit came on the heels of a similar suit filed in Brussels earlier in the month by a private group, reportedly on behalf of Palestinian victims of the current intifada.

In response, an Israeli Knesset member from Sharon's Likud Party, Avraham Herschson, has threatened to file suit in Brussels against Palestinian Authority President Yasser Arafat for alleged war crimes committed in the current intifada.

A lawyer for the Palestinian victims said similar suits against Sharon will soon be filed in Britain, France and Denmark, according to the Jewish Chronicle of London.

Perhaps even more influential in blackening Israel's image was the recent broadcast of "The Accused" by the state-run British Broadcasting Corporation.

In the documentary, journalist Fergal Keane painted a picture that placed ultimate blame for the massacres on Sharon.

The documentary relied on interviews with Palestinian victims, international law experts and a former U.S. envoy to the Middle East under President Reagan.

The film was punctuated by the assertion of Princeton international law Professor Richard Falk that Sharon is "indictable" for war crimes.

Israeli officials immediately protested to the BBC, denouncing the program as "unfair, distorted and intentionally hostile" -- with a whiff of the BBC's "well-known anti-Semitism and anti-Israel bias."

The BBC and Keane stood by the broadcast.

In an interview with JTA, Falk clarified his comments.

"All the evidence I saw would make him indictable to those crimes, but not necessarily convictable," Falk said of Sharon. "That's an important distinction. Everyone's entitled to a fair trial."

Falk, who is himself Jewish, already was familiar to Israeli officials: he was one of three members of a fact-finding team dispatched in February by the Geneva-based U.N. Commission on Human Rights to document Israel's "excessive" use of force against Palestinian attackers -- a conclusion it reached even before the investigation began.

The resulting U.N. report, said Michael Colson, executive director of the Geneva-based U.N. Watch, was "one of the most frightening things I've ever seen come out of the U.N., with Israel guilty of every sin imaginable."

All of which leads Alan Baker, legal adviser to Israel's Foreign Ministry, to conclude that "when things were going well last year, everyone was happy with Israel. But as soon as problems arose, and the Palestinians decided they didn't want to negotiate anymore, we revert back to 15 years ago, where the name of the game is delegitimization of Israel and its basis for existence."

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