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.
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