Crime and Policing Bill: MPs propose expanding UK’s ability to prosecute war criminals at home

MPs have proposed allowing authorities to prosecute people suspected of genocide and other war crimes, regardless of their link to the country. 

Under amendments to the Crime and Policing Bill proposed by the International Development Committee, MPs would amend the International Criminal Court (ICC) Act to allow authorities in England, Wales and Northern Ireland to exercise universal jurisdiction over genocide, war crimes and crimes against humanity. 

Universal jurisdiction allows states to prosecute those accused of committing serious crimes in another country, irrespective of their nationality, residency, or location. German authorities recently used universal jurisdiction to prosecute a doctor found guilty of torturing dissidents in Syria. 

In a recent report, the International Development Committee called for the ICC Act to be amended to allow authorities to investigate and prosecute suspected war criminals, irrespective of their nationality, residency status, or location. The Joint Committee on Human Rights made the same recommendation in its report on ‘Accountability for Daesh crimes’. 

Currently, while universal jurisdiction can be used to prosecute individuals accused of torture, or grave breaches of the Geneva Conventions, the ICC Act allows authorities to prosecute war crimes, crimes against humanity and genocide only if these crimes are committed by a UK national, UK resident or a person subject to UK service jurisdiction. 

The amendments are due to be debated on Wednesday afternoon. The debate can be watched live on parliamentlive.tv.

Chair comment

Sarah Champion MP, Chair of the International Development Committee, said:

“Those who perpetrate the gravest crimes in conflict must be held accountable. Universal jurisdiction is a vital tool for ensuring those suspected of heinous actions such as killing aid workers or using starvation as a weapon of war have nowhere to hide.  

We have allowed an impunity gap to emerge, where non-nationals visiting the UK who are suspected of these crimes cannot be investigated and prosecuted in our domestic courts. That has to end. These amendments send a clear message that the UK will never be a safe haven for those who undermine protections for civilians.” 

Further information

• About Parliament: Select committees
• Visiting Parliament: Watch committees

Image: United Nations