Ken Clarke moves to block war crimes prosecutions
The likes of Henry Kissinger, Tzipi Livni and Ehud Barak will sleep a little easier tonight.
By George Eaton Published 22 July 2010 16:05
You'll remember the diplomatic spat last year after a British court issued an arrest warrant against the Israeli former foreign minister Tzipi Livni on charges of war crimes committed during Israel's "Operation Cast Lead" offensive against Gaza.
The warrant was withdrawn after Livni cancelled a planned trip to Britain but William Hague, then shadow foreign secretary, concluded that the affair was a disgrace.
"We cannot have a position where Israeli politicians feel they cannot visit this country," he said recently. "The situation is unsatisfactory [and] indefensible. It is absolutely my intention to act speedily."
Now, the Justice Secretary, Kenneth Clarke, has announced that the Crown Prosecution Service will be able to block private prosecutions for war crimes, dramatically reducing the possibility that suspected war criminals such as Henry Kissinger, Ehud Barak and Livni could be brought to justice in Britain.
Here is Clarke's statement:
Our commitment to our international obligations and to ensuring that there is no impunity for those accused of crimes of universal jurisdiction is unwavering. It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution -- otherwise there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy. The government has concluded, after careful consideration, that it would be appropriate to require the consent of the Director of Public Prosecutions before an arrest warrant can be issued to a private prosecutor in respect of an offence of universal jurisdiction.
In an age of universal jurisdiction, it is shameful to see Clarke in effect argue that the "national interest" means British courts should avoid pursuing suspected war criminals. Hague may protest that foreign politicians should never feel unable to visit Britain, but it would be more accurate to say that foreign politicians should never feel able to commit war crimes with impunity.
Among those who opposed Labour's attempt to introduce a similar law were Vince Cable and Chris Huhne, both now cabinet ministers. But will they speak up for universal justice and human rights? The evidence of recent months suggests not.
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13 comments
@praha7
My understanding of the reason not to prosecute is that the medical evidence showed that he died from a heart attack not caused by his injuries. However, I also understand that this evidence is being contested.
@justicia
Yes, I do hold a different agenda to you. I would like to live in a society where the criminal justice system is not used as a stick to beat people whose political views you happen to disagree with, in the same way that Scientologists like to use the legal system to attack people who happen to disagree with them.
In the same we have "innocent until proven guilty" we should have "not arrested until charges are substantiated".
I'd also like to point out that the DPP is not the foreign secretary, and has little to no connection to the pressures of foreign policy.
This idea, implied in Clarks statemen and in several comments, that attempts to prosecute the likes of Livni etc are somehow frivilous or politically motivited is patently false. The UN investiagation into the Gaza operation Caste lead is very clear. There is a case to answer. According to Goldstone Israel committed gross breaches of international law including crimes against humanity and war crimes. This is not opinion, this is the judgement of respected jurist with the full support of the UN.
Goldstone condemns Israel for deliberate targetting of civilians and deliberate targetting of civilian infrastructure including schools, hospitals, houses, police stations, a prison and UN facilities. 10.000 homes destroyed. 1500 killed. 400 children dead.Torture, use of civilians for human shields, arbitrary executions and use of live fire, including chemical weapons, on civilians.
And thanks to the British government they can visit the uk safe in the knowledge that they will not be held accountable for these crimes?
It is shameful that thanks to the the likes of Clarke the serious and damning charges laid out by Goldstone will not be investigated in the one place that justice demands they should be, in a court of law.
The message of the British Government to the human rights abusers of the world is clear. Commit grave human breaches of international law and as long as you remain on friendly terms with the United kingdom you will be protected. How long will we, the British public allow this shameful and criminal travesty of justice continue?
Does it really make sense that anyone can go to a magistrates' court and get an arrest warrant against anybody in the world on the basis of almost no evidence, without the accused knowing anything about it or being able to challenge the evidence until the police arrive - throwing our diplomatic relations into chaos even if there is no prospect whatsoever of an actual prosecution, let alone a conviction?
The Government already has to consent to a prosecution in these cases; all this does is stop an arrest in cases where a prosecution wasn't going to happen anyway.
There is lots of evidence to support the fact that britain and the usa have waged war on afghanistan illegally, even if I believed that saddam needed to be stopped, it sounds as if they have used some pretty horrible weapons which have caused deformities so I'll say this having had to try to repost this message after it was blocked by someone who would like it to remain unseen, mind your own business ken, deal with the problems in britian, because it's the same british army you need to deal with, the same rotten legal system in britain, and the same ongoing wars. Bearing in mind they are who have been balancing the books worldwide, deciding to protect Martin McGuiness and Ewan Magregor in this country, perhaps encouraging them to protect the next versions of Pinochet is a bad idea. Feel free to step on that plane and visit. Don't expect the british people to continue supporting terrorism. They need a break!
Unseen - would you say the case of Pinochet fits your reading of the facts then? What this means is there is no confusion for the government over this - official friends are safe, official enemies are not, and ministers are spared the rigmarole of having to 'fix it' like they did with the late General, the only man in history to make a full recovery of senile dementia.
Makes sense. We can't have every Tom Dick and Tatchell trying to apprehend ex-PMs and Presidents. So Thatcher Blair Bush and Mugabe can sleep a little easier in their beds.
There aleady exists immunity for government ministers. Perhaps the CPS stage could be made to apply to members of democratically elected parliaments. It seems unwise to make a blanket change.
Well that just great that Israeli war criminals can take a break from burning women and children alive with phosphorous shells and planning the next land theft, to come to the UK.
It seems Israeli money will buy a not guilty verdict to any of their all to frequent crimes against humanity. Ken Clarke should be ashamed of himself.
Can't people read what Ken Clarke actually said? All he said was that people would "require the consent of the Director of Public Prosecutions before an arrest warrant can be issued" in the case of private prosecutions.
That's not really a radical step at all. Putting the ability to issue an arrest warrant in the hands of the guy who ultimately decides whether to prosecute on behalf of the state isn't bonkers.
On a separate point, it's quite amazing that NS thinks it's OK to call Henry Kissinger, Ehud Barak and Tzipi Livni "suspected war criminals" without even explaining what they are suspected of. Or linking to a page or other resource which details evidence of their crimes.
And before some muppet says "read the goldstone report, n00b, that explainz everything! lolz!1!", I have read the Goldstone report and it doesn't prove anything of the sort.
that outlined numerous israeli war crimes...but eh the way our govts work nothing came of it. the little people have no power and thats why those who do have it can get away with...anything?
@yoctobarryc.
Is this the same DPP who has just pronounced on the Ian Tomlinson case?
That will give alleged war criminals something to worry about.
yoctobarryc clearly has a different agenda to me. I want people to be brought to justice. Decent people should make it easy to arrest war criminals and make it as difficult for them to enter other countries as is humanly possible. We shouldn't associate ourselves with beasts nor put barriers in the way of them getting the punishment they so richly deserve.
Moaning about a lack of links to evidence is fairly weak in this day and age when google or other search engines will do most of the work for you. Research online or read a book and you will find plenty of evidence of warcrimes committed by the UK, US and Israelis.