National Implementation of IHL
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Yerodia case, Court of Appeal, 16 April 2002 & Court of Cassation, 20 November 2002
Court of Appeal, (Accusation chamber)
                              Court of Cassation

On 20 November 2002, the Court of Cassation quashed the decision of the Appeals Court of Brussels (Accusation Chamber) which had declared inadmissible the case of senior public officials of the Democratic Republic of Congo, charged under the law of 16 June 1993 on the punishment of grave breaches of international humanitarian law, because the suspects were not present on Belgian territory. The decision of the Court of Cassation is based on procedural errors. The competence of the Belgian judiciary to continue its investigation into the case of the Congolese officials will therefore be reexamined by the Appeals Court of Brussels, composed of different judges.

The attachments include:
- the decision of Court of Appeal of Brussels (Accusation chamber) on April 16, 2002,
- the decision of the Court of Cassation on November 20, 2002.

File TypeSizeFile Name
application/pdf 58 KB Belgium Yerodia Arret 16 avril 2002.pdf
application/pdf 61 KB Belgium Yerodia - Cass 20 nov 2002.pdf