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Guilty of genocide? Welcome to Britain

Rwandan militia

America shows the way on prosecuting war criminals: can Britain catch up with a Bill now going before the Lords?

FIRST POSTED JULY 7, 2009

Britain has a shadowy history of supporting repressive regimes when it is "politically convenient" or "in the best interests of the nation". But when a High Court judge ruled on April 8 that four Rwandans suspected of genocide could not be extradited from the United Kingdom to Rwanda, Britain established itself as the leading holiday destination for bloody-handed dictators on the lam.

The case exposed a number of loopholes in the British criminal justice system that have effectively granted immunity to perpetrators of genocide.

At the moment, the law is such that people suspected of war crimes, genocide, and crimes against humanity cannot be prosecuted in the UK for acts which took place before 2001. In addition, the current system requires 'residence' as a necessary condition to prosecute anyone suspected of war crimes. This means that asylum seekers, people entering the UK clandestinely and any other suspects who do not meet the legal definition of residence cannot be prosecuted.

On the issue of bringing those who commit genocide to justice, it seems the US has again taken the initiative. Three weeks ago, Illinois Senator Dick Durbin introduced the Crimes against Humanity Act into the Senate.

The Bill, which is widely expected to pass into law, contains a 'presence' (rather than the UK's 'residence') requirement for prosecution. This means that if a war criminal sets foot on American soil and the authorities find out, they can and will be arrested, tried and imprisoned. Whereas in the United Kingdom, a genocidal general responsible for hundreds of deaths could be nonchalantly standing next to you in the supermarket, confident of his liberty.

The House of Lords will today debate amendments to the Coroners and Justice Bill made by Liberal Democrat Peer, Lord Carlile of Berriew. If the amendments are approved by Parliament, it would become possible to prosecute through our national courts those responsible for war crimes, genocide and crimes against humanity on the basis of their presence in Britain alone.

This would be a huge step forward for those campaigning to bring to justice anyone guilty of atrocities, not just our 'official' enemies. It might even give the currently bankrupt government some moral legitimacy.

However, rumours are growing in Whitehall that Jack Straw thinks these measures would be too expensive and that it might offend our allies. Just imagine the red faces of the Whitehall mandarins when Israeli generals are picked up while innocently shopping in London, or even former US secretaries of state while enjoying strawberries and cream at Wimbledon. 

FIRST POSTED JULY 7, 2009

Filed under: Rwanda, War crimes

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