Recommendations & Conclusions
17 items
1
Conclusion
2nd Report - Accountability for Daesh c…
Accepted
We welcome the Government’s commitment to achieve justice for survivors of Daesh crimes. However, not a single Daesh fighter has been successfully prosecuted in the UK for committing international crimes, such as genocide. (Conclusion, Paragraph 36)
Government response. The government agrees with the observation and explains its existing approach to prosecuting serious crimes and foreign fighters, highlighting the principles of accountability and evidence-led charging decisions under current laws.
Ministry of Justice
2
Recommendation
2nd Report - Accountability for Daesh c…
Accepted
Terrorism charges do not capture the nature and scale of crimes committed against victims. Where there is sufficient evidence to provide a realistic prospect of conviction for international crimes, individuals should be prosecuted for such crimes. (Recommendation, Paragraph 37)
Government response. The government agrees with the principle, stating that its approach is to pursue justice for serious crimes wherever possible, and that prosecutors select charges based on evidence, allowing for international crime charges or a combination with terrorism charges when appropriate.
Ministry of Justice
3
Recommendation
2nd Report - Accountability for Daesh c…
Accepted
The Government has told us that the most appropriate forums for prosecuting individuals are the jurisdictions where the crimes were committed. Given the concerns with regard to fair trial rights, capacity, and resources, we must not rely on other countries to investigate and prosecute individuals for international crimes. Where the …
Government response. The government agrees with the recommendation and states it already supports accountability for international crimes through existing UK court jurisdiction under various acts, reaffirming the powers of relevant authorities like the CPS and the War Crimes Team, which have published …
Ministry of Justice
4
Recommendation
2nd Report - Accountability for Daesh c…
Accepted
Where the UK has jurisdiction over international crimes, the UK should seek to investigate and prosecute such crimes. (Recommendation, Paragraph 44)
Government response. The government agrees with the recommendation, affirming its support for accountability under existing UK laws and international obligations, which already provide jurisdiction for investigating and prosecuting international crimes by UK nationals/residents and for specific crimes like torture and grave Geneva …
Ministry of Justice
5
Conclusion
2nd Report - Accountability for Daesh c…
Acknowledged
The UK legal framework applicable to international crimes is inconsistent. Whilst it is possible to prosecute individuals for torture and grave breaches of the Geneva Conventions committed abroad, it is not possible to prosecute individuals for genocide, crimes against humanity, or other war crimes committed abroad, unless the individuals are …
Government response. The government agrees with the committee's observation regarding the inconsistent UK legal framework for international crimes and explains its current support for accountability under existing national laws and international obligations.
Ministry of Justice
6
Recommendation
2nd Report - Accountability for Daesh c…
Rejected
The Government should amend the International Criminal Court Act 2001 to remove the requirements of UK nationality and residency. The relevant guidelines should also be amended to ensure that presence in the UK is not 32 a prerequisite to initiating an investigation. This would help to close the impunity gap …
Government response. The government rejects the recommendation to amend the International Criminal Court Act 2001, stating that its universal jurisdiction policy prioritises prosecutions close to where crimes occur and that international courts like the ICC are better placed to prosecute such offenses.
Ministry of Justice
7
Conclusion
2nd Report - Accountability for Daesh c…
Not Addressed
There is a lack of cooperation between UK investigative and prosecuting bodies, such as the War Crimes Unit of the Metropolitan Police, and the Crown Prosecution Service. (Conclusion, Paragraph 60)
Government response. The government's response outlines its policy on Universal Jurisdiction but does not address the committee's conclusion regarding a lack of cooperation between UK investigative and prosecuting bodies.
Ministry of Justice
8
Recommendation
2nd Report - Accountability for Daesh c…
Not Addressed
The Government should prioritise the establishment of a clear framework to allow for greater cooperation between UK’s relevant national bodies and between the UK and other mechanisms involved in the gathering and preserving of evidence. It should also identify the barriers to undertaking structural investigations and identify how this could …
Government response. The government's response outlines its policy on Universal Jurisdiction, focusing on where investigations should occur and collaborative approaches through treaties, but does not address the recommendation for establishing a framework for greater cooperation between UK national bodies or identifying barriers …
Ministry of Justice
9
Recommendation
2nd Report - Accountability for Daesh c…
Not Addressed
With the closure of UNITAD, it is imperative that the evidence gathered is not lost, and that new evidence can still be collected as needed. (Conclusion, Paragraph 61)
Government response. The government's response rejects the committee's assessment of a lack of cooperation between UK investigative bodies, which does not address the recommendation regarding the preservation and collection of evidence following UNITAD's closure.
Ministry of Justice
10
Recommendation
2nd Report - Accountability for Daesh c…
Not Addressed
We urge the Government to use its influence to ensure that such valuable evidence is not lost and that it is kept safe from both state and non- state actors who could put the lives of survivors at risk. The Government should also employ efforts to ensure that this evidence, …
Government response. The government's response rejects the committee's assessment of a lack of cooperation between UK investigative bodies, which does not address the recommendation to ensure the preservation and effective use of valuable evidence from Daesh crimes.
Ministry of Justice
11
Conclusion
2nd Report - Accountability for Daesh c…
Accepted
The UK uses deprivation of citizenship orders more than almost any country in the world. At the same time that it is important for the Government to be able to take steps such as citizenship stripping in the interests of public safety, there is a serious lack of transparency and …
Government response. The government refutes the claim of a serious lack of transparency and oversight by detailing its existing publications of data on citizenship deprivations and highlighting the Independent Chief Inspector of Borders and Immigration's established remit and past independent reviews of …
Ministry of Justice
12
Recommendation
2nd Report - Accountability for Daesh c…
Accepted
The Government must provide greater transparency as to the use of deprivation of citizenship powers, including by providing regularly updated data to the public. The Chief Inspector of Borders and Immigration, or the Independent Reviewer of Terrorism Legislation if his remit is expanded, should periodically review the use of deprivation …
Government response. The government contends there is already sufficient oversight and transparency, citing its regular publication of data on citizenship deprivations and the Independent Chief Inspector of Borders and Immigration's existing remit and past reviews of the power.
Ministry of Justice
13
Conclusion
2nd Report - Accountability for Daesh c…
Acknowledged
There is no official public data from the Government on the number of British individuals currently detained in camps and prisons in North East Syria (NES). (Conclusion, Paragraph 95)
Government response. The government acknowledges the presence of British nationals in NES but states it cannot comment on exact numbers due to shifting circumstances, lack of consular presence, and varied information sources.
Ministry of Justice
14
Recommendation
2nd Report - Accountability for Daesh c…
Accepted
The Government must publish updated data on the number of Britons estimated to be detained in NES, with information disaggregated by age and sex if available. If this data is not available or cannot be made public, the Government must explain the reasons for this. (Recommendation, Paragraph 95)
Government response. The government explains that it is not in a position to publish exact numbers of British nationals detained in NES due to shifting circumstances, lack of consular presence, and varied information sources, thereby accepting the recommendation to provide reasons if …
Ministry of Justice
15
Conclusion
2nd Report - Accountability for Daesh c…
Acknowledged
We recognise that the Government may in some cases feel that national security considerations render repatriations difficult. We acknowledge this and recognise that keeping the public safe must be the Government’s highest priority. We also acknowledge that conditions on the ground are volatile and dangerous, leading to a significant possibility …
Government response. The government agrees with the committee's observations regarding national security considerations, the priority of public safety, and the volatile conditions on the ground impacting repatriations.
Ministry of Justice
16
Recommendation
2nd Report - Accountability for Daesh c…
Not Addressed
The Government must adopt a proactive approach and seek to identify and locate minors and where feasible repatriate them as soon as practically possible. (Recommendation, Paragraph 97)
Government response. While stating 'Agree,' the government's response details the establishment of an Iraqi judicial body for international judicial cooperation and evidence-sharing, which does not address the recommendation for the UK government to proactively identify, locate, and repatriate minors.
Ministry of Justice
17
Recommendation
2nd Report - Accountability for Daesh c…
Rejected
The Government should undertake every effort to prosecute British individuals held in camps in NES where there is evidence that they were involved in Daesh crimes. (Recommendation, Paragraph 98) 34
Government response. The government rejects undertaking prosecution efforts for British individuals held in NES camps, citing that responsibility lies with local authorities and that significant practical and operational constraints exist for UK law enforcement in Syria.
Ministry of Justice