Recommendation 4

HM Government · verbatim extract Accepted

5. Agree. The UK Government supports accountability in appropriate jurisdiction in our national laws and upholding our international obligations under the Geneva Conventions. This includes UK court jurisdiction under the International Criminal Court Act (ICCA) 2001 where the offence has been committed by a UK national or resident or the perpetrator is subject to UK service jurisdiction. The UK also exercises universal jurisdiction for torture under the Criminal Justice Act 1988 and grave breaches of the Geneva Conventions under the Geneva Conventions Act 1957. The Government supports the investigation and prosecution of international crimes under these conditions. It reaffirms the powers of relevant authorities to investigate international crimes, for the CPS to make independent charging decisions under the CPS Code, and for the MOJ to support fair trials and system-wide capability. 6. Where the CPS has jurisdiction to act, and there is potential evidence of offending, the CPS will work with the police to build a case to a point where there is admissible, reliable and credible evidence satisfying the Code for Crown Prosecutors. This principle applies to all offences, including CIC. 7. The Counter Terrorism Division of the CPS and the War Crimes Team, (WCT) of the Metropolitan Police Counter Terrorism Command (SO15), have agreed processes in place for the referral and investigation of CIC and these guidelines have been published on the CPS website. The guidelines enable the process for investigations, arrests, and prosecutions to be conducted in an orderly and transparent way. The guidance covers roles and responsibilities, the referral process and how the WCT and CPS review such referrals, including the Scoping Exercise, legal advice and duties of disclosure.