Aegis calls on Government to adopt Parliament’s recommendations and completely close the ‘impunity gap’ for genocide suspects in UK

In a report released today, the Parliamentary Joint Select Committee on Human Rights says inconsistencies in the way the UK applies international law have created an “impunity gap” for perpetrators of genocide, war crimes and crimes against humanity. It commends the Government's recent decision to amend to legislation to partially address the problem, but calls for it to close remaining loopholes in the law and to re-establish a specialist war crimes unit to investigate people in the UK who are suspected of such offences.

Under the law as it stands, no-one in the UK can be prosecuted for war crimes in internal armed conflicts, genocide or crimes against humanity committed before 2001. Even if people here are suspected of committing such offences since 2001, they can only be prosecuted if legally resident here, not merely if they are present in the country (for eg., visiting on a student or business visa).

The Aegis Trust worked with MPs and Lord Carlile QC, Lord Falconer QC and Baroness D’Souza to prepare amendments to the Coroners and Criminal Justice Bill which would have closed these loopholes. Tabled in the House of Lords, they triggered the Government’s decision last month to extend jurisdiction of UK courts to prosecute international crimes as far back as 1991.

As the Committee points out, however, this only takes jurisdiction back to the date on which Crimes Against Humanity became recognised as crimes in international law. It argues for jurisdiction on genocide and war crimes in internal armed conflicts to be extended back to the dates on which they were recognised in international law (e.g. 1948 for genocide).

The Committee also supports Aegis’ call for replacement of the ‘residence’ test with a simple ‘presence’ test, so that anyone present on UK soil could be subject to jurisdiction on international crimes, not only those who are legally resident. This is the test used by other common law countries such as Canada, the US, New Zealand, South Africa.

“The Aegis Trust is delighted that the Joint Committee on Human Rights has adopted all of our recommendations for strengthening UK law in this area,” says Aegis’ Head of Campaigns Nick Donovan, whose evidence is quoted in the Committee’s report. “We too commend the Government for the bold progress made last month, and call on it to finish the job by closing remaining legal loopholes which benefit suspected war criminals in the UK.”

In June Aegis published a report that brought together, for the first time, details of people entering the UK who are suspected of international crimes. The report – 'Suspected war criminals and genocidaires in the UK: Proposals to strengthen UK law' – examines 18 cases, including those of suspected genocidaires from Rwanda, alleged torturers from Zimbabwe, Iraq, Liberia and the Congo, and alleged war criminals from Afghanistan, Sudan, Sierra Leone and Sri Lanka. They include such people as a Lieutenant Colonel from KHAD, the Soviet-era Afghan government’s secret police; an alleged Tamil Tiger assassination hit squad driver, and a member of Sierra Leone’s ‘Mosquito’ rebel group, notorious for murder, rape, looting, burning, sexual slavery and forced amputations.

The Joint Committee’s report comes at a time when the workload of the UK Border Agency’s war crimes team is increasing. Several weeks ago, the Government revealed that in the first six months of 2009, recommendations of immigration status refusal following investigation were up four-fold on the preceding four years. Since 2004, there have been 421 cases where immigration action was recommended and 30 cases where the matter was referred was made to the police. How many of these people are currently at large in the UK is unclear.

From Archbishop to Chelsea star, public figures mark Rwandan genocide anniversary

Religious leaders, football stars and actors back ‘Candles for Rwanda’ initiative as Rwanda prepares to mark end of the 1994 genocide

The Archbishop of Canterbury Dr Rowan Williams, Chelsea striker Didier Drogba and Hollywood star Danny Glover are among the latest public figures to light candles on camera as part of ‘Candles for Rwanda’ (www.candles4rwanda.org), a global initiative to mark the 15th anniversary of the Rwandan genocide and help destitute survivors who are still suffering from its consequences 15 years on.

“The tragedy of Rwanda is that for a while, people completely forgot the humanity of their neighbours. People who had lived side by side for generations, people familiar with each other who knew each other well as human beings, suddenly forgot that other people were human beings. And that is always what happens when genocide occurs,” says Dr Rowan Williams in lighting his candle at Lambeth Palace. “The people of Rwanda are rebuilding bravely and prayerfully and hopefully at the moment, and our prayers and our thoughts are with them. All of us join with those prayers, that we may never again, anywhere in the World, forget the humanity of our neighbours; that we may all be prepared to stand alongside our neighbours in love, in solidarity, and in compassion.”

Didier Drogba: “Even if this flame ceases to burn, we have to remember all of our brothers who are gone”

“I light this candle in honour and homage to the victims of the genocide, simply so we can remember,” says Didier Drogba. “Even if this flame ceases to burn, we have to remember all of our brothers who are gone, and the conditions in which they went. It's important not to forget our past; it's important to remember our past, to avoid committing again in the future the mistakes which were made. So all my support, and here, this flame, the symbol of my homage to the Rwandan people.”

“It's a courageous act to dispel all of your fears, your anger, and all the historic pain that has been a part of that experience for the people, to take on the task now of healing,” says Danny Glover. “That process of healing not only involves the Rwandan people but it also involves all of us as part of the human experience and the human family.”

Both Danny Glover and Didier Drogba lit their candles at the Kigali Memorial Centre in Rwanda, a site where over 250,000 victims of the genocide lie buried.

Over the course of 100 days from 7 April 1994, around a million children, women and men were slaughtered in Rwanda simply because they were Tutsi. Hutus opposed to the onslaught were also killed. The international community knew what was happening and the media reported on it, but nothing was done to intervene.

Today, despite the trauma of the past, Rwanda is rebuilding and its economy is growing. However, thousands of survivors whose homes, means of living, loved ones and communities were taken away from them are still suffering the material consequences of the genocide.

‘Candles for Rwanda’ is intended to help change all that. Coordinated by the Aegis Trust, the initiative encourages people everywhere to go online and donate £5.00 to help survivors rebuild their lives. And for every £5.00 donation, a candle will be lit on behalf of the donor at the Kigali Memorial Centre.

On Sunday, a national event will be held in Rwanda to mark the 15^th anniversary of the end of the 1994 genocide. The Archbishop of Canterbury, Didier Drogba and Danny Glover will appear in a film that will be screened at the event featuring a host of public figures and celebrities from around the World who over the past three months have lit candles for Rwanda.

PRIME MINISTERS' GENOCIDE ANNOUNCEMENT: Peers and NGOs say: "Very good news - but it doesn't go far enough"

The Aegis Trust, JUSTICE and REDRESS welcome the government's decision to apply the jurisdiction of UK courts to prosecute genocide, crimes against humanity and war crimes retrospectively back to January 1^st 1991. This follows amendments tabled to the Coroners and Justice Bill by Lord Carlile QC, Baroness D’Souza, and Lord Falconer QC. When it comes to ending impunity for mass atrocities, this bold move by the government is as significant as the War Crimes Act 1991 and the International Criminal Court Act 2001. "Until now, it has only been possible to prosecute these crimes in the UK if they were committed after 2001," explains Sally Ireland of JUSTICE. "In practice, this means that four Rwandans resident in the UK and suspected of genocide in 1994, who recently won their High Court appeal against extradition to Rwanda, can now face trial in the United Kingdom. This is a real step forward."

But even after the reforms "there remain serious loopholes in our laws on atrocity crimes," warns Kevin Laue of REDRESS. "Unless the government gets tougher the UK will continue to be a safe haven for those suspected of the most heinous offences." The Aegis Trust, JUSTICE and REDRESS call on the government to replace the unclear residency requirement for prosecution of genocide, war crimes and crimes against humanity with a simple presence test. Suspects who have been 'present' in the UK since the 1990s but not 'resident' include Felicien Kabuga, the alleged financier of the Rwandan genocide and Chucky Taylor, former head of the anti-terrorist unit in Liberia, who was recently convicted in the United States for torture. Border Agency statistics indicate it is likely that there may be other suspects present in the United Kingdom who are being refused residency status but who, rightly, cannot be removed for human rights reasons. Under current law, and even with the Government's proposed changes announced today, these people would still be immune from prosecution in the United Kingdom.

A simple presence test for prosecution - as called for in the amendments tabled by Baroness D’Souza, Lord Carlile QC and Lord Falconer QC to the Coroners and Justice Bill - would bring us into line with other common law countries, including Canada, New Zealand and South Africa and the United States. It would also bring our laws on genocide, war crimes and crimes against humanity into line with our laws on torture, hostage taking and grave breaches of the Geneva Conventions. For these latter three crimes, UK courts do not apply a residency test for prosecution. There is no practical or sensible reason for a jurisdictional difference between these crimes, all of which belong to the same bracket of serious violations of international criminal law. "Why should we be able to prosecute visiting torturers but not génocidaires?" asks Nick Donovan, Head of Campaigns at the Aegis Trust.

Today’s announcement is important and demonstrates significant progress in breaking down barriers to prosecution. When it comes to genocide, war crimes and crimes against humanity, however, the Government's position should be unequivocal. It should respond to every credible allegation of the presence in the United Kingdom of any individual who may have committed these crimes. If these suspects cannot be deported or extradited, they must be prosecuted here. Otherwise the impunity gap remains and the UK government is effectively condoning the presence on UK soil of suspected mass murderers without any prospect of arrest or trial.

Government announcement due on war crimes loopholes in UK law, following five-fold increase in war crimes investigations by UK Border Agency

In response to an amendment to the Coroners and Justice Bill tabled by Lord Carlile, the British Government is expected to announce in the House of Lords on Tuesday what if any action it intends to take to close loopholes in UK law that in many circumstances currently prevent prosecution for genocide, crimes against humanity and war crimes.

This comes in the wake of a massive jump in activity by the war crimes team of the UK Border Agency over the past six months. The Government last week revealed that cases screened each month for possible involvement in war crimes are up five-fold, recommendations of immigration status refusal following investigation are up four-fold, and referrals of cases to the police each month have more than doubled.

In the period April 2004 to December 2008, 1863 cases were screened; in 300, immigration action was recommended; 22 were referred to the police. Since December, another 1006 have been screened, immigration action recommended in a further 121 cases, and 8 more suspects have been referred to the police.

As the law stands, no-one in the UK can be prosecuted for genocide, crimes against humanity or war crimes committed in most circumstances before 2001. Even if people here are suspected of committing such offences since 2001, they can only be prosecuted if legally resident here, not merely if they are present in the country (for eg., visiting on a student or business visa).

"Some suspects can’t be deported, extradited or prosecuted. Despite the best intentions of the Government, this is getting close to the definition of a safe haven. Tomorrow the Government has an opportunity to act decisively to close the legal loopholes which prevent prosecution of war criminals here," says Nick Donovan, Head of Campaigns for the Aegis Trust and editor of the recent report, Suspected war criminals and genocidaires in the UK: Proposals to strengthen UK law.

New report exposes war crimes suspects escaping justice in the UK

A new report published today by the Aegis Trust brings together, for the first time, details of people entering the UK who are suspected of war crimes, crimes against humanity or genocide, some of whom cannot be prosecuted here due to legal loopholes – but cannot be easily returned home or extradited either, due to the risk of unfair trial or torture.

The report – ‘Suspected War Criminals and Genocidaires in the UK: Proposals to Strengthen our Laws’* – examines 18 cases, including those of suspected genocidaires from Rwanda, alleged torturers from Zimbabwe, Iraq, Liberia and the Congo, and alleged war criminals from Afghanistan, Sudan, Sierra Leone and Sri Lanka. They include such people as a Lieutenant Colonel from KHAD, the Soviet-era Afghan government’s secret police; an alleged Tamil Tiger assassination hit squad driver, and a member of Sierra Leone’s ‘Mosquito’ rebel group, which was notorious for murder, rape, looting, burning, sexual slavery and forced amputations.

Government statistics reveal that since 2004 immigration action has been recommended for 138 suspects, and 22 cases have been referred to the police.

“There are two ‘impunity gaps’ in UK law which preventing prosecution for international crimes,” says the report’s editor, Nick Donovan, Head of Research, Policy and Campaigns for the Aegis Trust. “Those suspected of genocide, crimes against humanity and most war crimes cannot be prosecuted in the UK if they committed those acts before 2001. And non-residents such as students, tourists or asylum seekers without residence status can’t be prosecuted even if those acts were committed after 2001.

“This report shows that this not a hypothetical issue. It’s about individuals suspected of the most heinous crimes anyone can commit; individuals that this country needs to bring to justice if we do not want to remain a safe haven for war criminals.”

The report contains proposals for strengthening UK law, including proposed amendments to the International Criminal Court Act that would close the loopholes currently benefitting war crimes suspects in the UK.

Parliament debates legal changes, but Government’s position unclear

It comes at a time when Parliament is already considering such changes to the law, in the form of a amendment tabled by Lord Carlile QC (the Independent Reviewer for Terrorism Legislation) to the Coroners and Justice Bill. During the Bill’s second reading in the Lords on 18 May, powerful speeches in support of the planned amendment were made by Baroness D’Souza, former Lord Chancellor Lord Falconer QC, Lord Goodhart QC, Lord Lester QC, Baroness Cathain, Lord Mayhew QC and Lord Alton, among others.

“We need to change the law.... I will strongly support the amendment ... [and] do not believe for a moment that it would divide any feeling in this House at all,” commented Lord Falconer QC from the Labour benches. No-one spoke in opposition to the amendment. As Lord Goodhart QC of the Liberal Democrats noted, the proposed reform “seems to have the almost complete support of Members of your Lordships’ House.” Lord Mayhew QC, a former Conservative Attorney General, called on the Government to support the amendment: “I hope that, when it comes to be debated in Committee, Ministers will support it.”

The former Director of Public Prosecutions, Sir Ken Macdonald QC has also publicly supported such reforms in evidence to the Parliamentary Joint Committee on Human Rights; as has one of the candidates to be the next Speaker of the House of Commons, John Bercow MP.

However, the Government’s position is currently unclear. Responding for the Government on 18 May, Lord Bach, the Parliamentary Under Secretary of State for Justice, stated: “We are actively considering this issue, and I have no doubt that we shall have an interesting debate in Committee on this very important area of concern.”

If the Government were to support only a partial closure of existing loopholes in the law, war crimes suspects such as those detailed in the new report could continue to find safe haven in the UK.

LONDON appointed by Aegis Trust to secure corporate sponsorship for Rwandan genocide survivors campaign

LONDON has been appointed by the Aegis Trust – an independent, international organisation that is dedicated to eliminating genocide – to secure a sponsor for the charity’s “Candles for Rwanda” campaign.

The online Candles for Rwanda global campaign marks the 15th anniversary of the Rwandan genocide and is being primarily driven by a series of viral films which show prominent celebrities, politicians and diplomats lighting candles in memory of those who lost their lives. The films, which aim to encourage donations, feature individuals including Scarlett Johansson, Ben Affleck, Sandra Bullock and David Cameron. The films can all be viewed at www.candlesforrwanda.org/donate and on YouTube.

LONDON is working with Aegis Trust to secure corporate sponsorship for the initiative and to develop the online campaign in order to maximise public awareness and increase the number of donations made.

Commenting on their appointment, Michael Moszynski, CEO of LONDON said:

“Aegis Trust has achieved an amazing coup in securing the support of some of the most prominent people on the planet for this very important initiative. However without corporate sponsors to secure funding of £250,000 to promote global awareness of the initiative, people will not know about the campaign or how to donate.

This is a global issue and a global campaign so as a new type of global agency we are giving our time at no cost to do what we can do to help spread the word. I would like to personally appeal for an individual, media owner or company to come forward to help make this happen. ”

Dr James Smith, Chief Executive of the Aegis Trust, said:

“The backing of prominent world figures for Candles for Rwanda has created an opportunity to change the lives of people still suffering from one of the international scandals of the past two decades. They are not sitting with a begging bowl. But we owe it to them to lend a hand in rebuilding their lives and their country. There couldn’t be a better partner than LONDON behind this; I know with support from sponsors something special can happen.”

Darfur rebel hands himself over to ICC

The Aegis Trust welcomes the arrival in the Hague of Bahar Idriss Abu Garda, leader of the United Redemption Front (URF), in response to the summons issued under seal by the International Criminal Court on 7 May for his suspected role in the attack on the African Union base at Haskanita, North Darfur, in October 2007. This is the first time that an individual charged with crimes under international law has presented himself to court in response to a summons.

"Attacks on peacekeepers can never be tolerated and those responsible must be brought to justice," says Dr James Smith, Chief Executive of the Aegis Trust. "Abu Garda's arrival in the Hague increases the pressure on others to follow suit, not least the Sudanese Government, which has so far refused even to recognise the authority of the ICC, never mind send any of the suspects in its ranks to the Hague."

Abu Garda is one of the three rebel commanders previously subject to sealed indictments for the Haskanita attack, in which twelve AU peacekeepers were killed. It is widely believed that the URF is not the only rebel group facing the sealed indictments. The other suspects have yet to come forward, although the leaders of all the major rebel groups in Darfur have made statements of intent to cooperate with the ICC - most explicitly in a short film released through the Sudan Tribune on 2 March this year (see http://www.sudantribune.com/spip.php?article30331).