Straw proposes new powers to prosecute war criminals in Britain
Justice secretary aims to close gap in law to cover UK nationals and residents accused of war crimes dating back to 1991
- guardian.co.uk, Tuesday 7 July 2009 13.59 BST
- Article history
New powers to prosecute war criminals living in Britain who have committed atrocities dating back to 1991 were unveiled today by the justice secretary, Jack Straw.
He proposes closing a gap in the law so that prosecutions can go ahead against British nationals and residents accused of genocide, war crimes and crimes against humanity.
The changes will not cover people who are "passing through" or on a short visit. Straw said he was looking to see whether it was possible to provide more certainty over who may be considered a British resident.
He will seek to cover acts of genocide, war crimes and crimes against humanity committed after 1 January 1991, which is the date from which the International Criminal Tribunal for the former Yugoslavia is able to operate.
The existing law allows for war crimes and acts of genocide committed anywhere in the world since 2001 to be prosecuted in Britain if they have been carried out by a UK national or resident.
Straw's decision that the new law should cover war crimes dating back to 1991 raises the prospect of possible prosecution of several Rwandan genocide suspects believed to be living in Britain.
Amnesty International voiced its "grave concern" three years ago over the government's failure to take action against two men in Britain who the Guardian disclosed were among the top 100 wanted genocide suspects at large and living in Europe.
Both men were mayors of towns in southern Rwanda during the 1994 genocide and were accused by the Rwandan prosecutor general of organising the killings in their provinces. One was living in Bedford and the other in Essex.
The Aegis Trust, an anti-genocide group, believes there are at least 18 suspected war criminals living in Britain, from countries including Sri Lanka, Iraq and Sierra Leone.
Lord Carlile, the government's official adviser on terrorism laws, has highlighted the legal loophole in the law on war crimes. He has tabled amendments to the coroners and justice bill demanding retrospective powers covering those who are simply present in Britain. His amendments are due to be debated in the House of Lords this afternoon.
Straw said he was strengthening the law to send a clear signal that Britain would no longer be a safe haven for those who commit such crimes.
"Those who have committed genocide or war crimes or crimes against humanity during the 1990s must not escape justice. These people must face up to their terrible crimes and we are doing everything in our power to make them accountable for their actions," he said.
The minister said the government's strong preference was for alleged war criminals to be brought to justice in the country where the crimes took place to allow the community that had suffered to see the perpetrators brought to justice. "Where this is not possible, we are committed to ensuring those guilty of these crimes are punished appropriately and to the full extent of the law in this country."
Straw said he would bring detailed proposals to change the law by amending the coroners and justice bill when the Lords debates the legislation again in the autumn. But he warned that including genocide as an "extra-territorial offence" in British law was not a straightforward proposition and would require detailed discussions.
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