Source · Select Committees · Human Rights (Joint Committee)
Recommendation 6
6
Rejected
The Government should amend the International Criminal Court Act 2001 to remove the requirements of...
Recommendation
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 by ensuring that the UK can exercise universal jurisdiction over the international crimes of genocide, crimes against humanity, and war crimes. To achieve this, the Committee proposes an amendment to the Crime and Policing Bill, which in turn amends the International Criminal Court Act 2001 (see Annex). (Recommendation, Paragraph 51)
Government Response Summary
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.
Government Response
Rejected
HM Government
Rejected
8. The UK’s policy on Universal Jurisdiction is based on the principle that investigations and prosecutions should take place close to where crimes occur, allowing for better access to robust evidence and witnesses. The UK has also consistently adopted the position that the question of whether universal jurisdiction should apply to a particular crime is best approached collaboratively between states through treaties, with a focus on what would make an effective contribution to address the crimes in question. 9. The most serious international crimes not covered by our universal jurisdiction policy are generally already subject to the jurisdiction of international courts or tribunals which are better placed to prosecute such offences where they are not being dealt with by the relevant domestic authorities, particularly the ICC. The ICC is the primary international institution for investigating and prosecuting the most serious crimes of international concern, holding perpetrators to account and achieving justice for victims. The UK is a strong supporter of the ICC and its mission to end impunity. As such, we do not feel that an amendment to the ICC Act 2001 is warranted at this time.