Recommendations & Conclusions
7 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
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
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