Source · Select Committees · International Development Committee
Recommendation 24
24
Rejected
Amend International Criminal Court Act to provide universal jurisdiction for war crimes.
Recommendation
We recommend an amendment to the Crime and Policing Bill, to amend the International Criminal Court Act 2001, to provide for universal jurisdiction. This would allow for suspected war criminals to be investigated and prosecuted in the UK irrespective of their nationality, residency status, or location. (Recommendation, Paragraph 52)
Government Response Summary
The government explicitly rejects amending the Crime and Policing Bill to extend universal jurisdiction, asserting that its existing robust legal framework, including the ICCA 2001, is sufficient for prosecuting international crimes.
Government Response
Rejected
HM Government
Rejected
Reject. The UK is committed to bringing perpetrators of the most serious international crimes to justice and is a strong proponent of universal jurisdiction for the most serious crimes under international law, as set out in paragraph 54. The UK already has a robust framework of legislation in place that allows for the prosecution of international crimes regardless of where they were committed, or of the nationality of the perpetrator or victim. The UK has extraterritorial jurisdiction over certain offences under the International Criminal Court Act 2001 (ICCA 2001). The ICCA 2001 provides for jurisdiction over individuals who commit war crimes, crimes against humanity or genocide in a non-State party to the ICC, provided the perpetrator is a UK national or resident here at the time of the offence, or if they are a UK national or resident when proceedings are brought. Separately, the UK also has jurisdiction over certain other offences where a UK national commits these offences outside of the UK, including murder, manslaughter, and torture. This means that an individual can be prosecuted in the UK for murder of an aid worker committed anywhere in the world, so long as they hold UK nationality. This is in line with the UK’s existing policy position that the ICCA 2001 is sufficient as it stands and that there is no need for amendments to further extend universal jurisdiction. The Government therefore does not agree to amend the Crime and Policing Bill.