Antwerp-based activist Moshe Friedman has appealed a Brussels court ruling that rejected his request to have the US Ambassador Bill White declared persona non grata, meaning he would no longer be welcome in Belgium.
The appeal was confirmed in legal documents filed by Friedman and is scheduled for an initial hearing on Monday 9 November.
Friedman accused White of behaviour and statements he considered inappropriate for a diplomat, alleging that the ambassador had personally attacked and insulted him, shown contempt for Belgium, and attempted to interfere in the country’s domestic legal affairs.
Friedman is an Antwerp-based activist and calls himself a rabbi, although the latter title is disputed and several Jewish organisations have distanced themselves from him. He is said not to have completed the prescribed training.
The activist also accused the Belgian authorities of failing to take sufficient action against the ambassador, arguing that they had neglected their duty to protect his private and family life, personal integrity, honour and reputation.
Friedman based his legal action partly on the Vienna Convention on Diplomatic Relations.
Court rejects request
The Brussels judge hearing urgent applications ruled that Friedman’s claim was admissible but unfounded.
The court found that the executive branch enjoys broad discretion over diplomacy and foreign policy, and that judges cannot substitute their own decisions for those of the government. According to the ruling, granting Friedman’s request to declare Ambassador White persona non grata would undermine the executive’s authority over foreign affairs.
“The claimant therefore has no individual legal right to demand such a measure, meaning the judge hearing urgent applications cannot impose it,” the court ruled.
Friedman had also issued a summons requiring the ambassador to appear personally before the court, though it was ruled inadmissible because White enjoys diplomatic immunity.
The appeal proceedings are due to begin on 9 November.
