Source · Select Committees · Human Rights (Joint Committee)
Recommendation 5
5
Acknowledged
The UK legal framework applicable to international crimes is inconsistent.
Conclusion
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 UK nationals, UK residents, or subject to service personnel laws. This creates a key barrier to the exercise of the principle of universal jurisdiction in the UK. (Conclusion, Paragraph 50)
Government Response Summary
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.
Government Response
Acknowledged
HM Government
Acknowledged
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.