Note that this is a Belgian law and is different from the International Criminal Court, which is a treaty body to try war crimes, and also different from the International Court of Justice, which is a U.N. body to settle disputes between countries. Both of these bodies reside in nearby The Hague, Netherlands, although some have said that American Servicemen's Protection Act passed by the US was also directed against the War Crimes Law.
The law reached prominence after the Rwandan Genocide. According to the Washington Post, the process of prosecution of Rwandans in Belgium for crimes committed in the violence were set in motion by Martine Beckers, a Brussels resident, whose sister Claire called her to tell her of being attacked by soldiers, who soon after killed her, her family, and 10 other villagers who were unable to reach a United Nations peacekeepers' compound.
What made this Belgian law controversial was that it afforded the right to anyone to submit a war crime for prosecution in Belgian courts that occurred anywhere in the world, whether on Belgian territory, and whether a Belgian national was involved as either criminal or victim. This concept called universal jurisdiction, or universal competence, was recently used in Germany to indict high-ranking US officials for their involvement in prisoner abuse in the war on terror under the command responsibility.
The law soon ran into trouble when a number of parties worldwide filed cases criticized as politically motivated against leaders of various nations.
Over the years filings included cases against American officials, including George H. W. Bush, Dick Cheney, Colin Powell, Norman Schwarzkopf and Tommy Franks. Cases had also been filed against the leaders of many other countries, such as Iraq and Israel, and Cuba's Fidel Castro. The paperwork backing several of these filings was very limited, consisting out of a single fax or several pages.
Critics assailed the law as an attempt to circumvent the sovereignty of other states and become a venue for partisan show trials of propaganda value but no legal consequence. Proponents respond by arguing that universal jurisdiction is often the only recourse victims of war crimes have, and that under the UN Charter countries are already obliged to prosecute those involved in war crimes.
In September of that year, the Belgian Supreme Court threw out the cases against the former President Bush and other US officials, as well as Israelis.
Six human rights groups (Amnesty International Belgium, La Ligue des Droits de l'Homme (League for the Rights of Man), Liga voor Mensenrechten (League for Common Rights), la Fédération Internationale des Droits de l'homme (International Federation for Human Rights), Avocats sans Frontières (Lawyers without Borders) and Human Rights Watch) called that loss of the universal jurisdiction component "a step backwards in the global fight against the worst atrocities."
Human Rights Watch outlined the reduced scope of the law: