Ken Clarke moves to block war crimes prosecutions

The likes of Henry Kissinger, Tzipi Livni and Ehud Barak will sleep a little easier tonight.

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The warrant was withdrawn after Livni cancelled a planned trip to Britain but William Hague, then shadow foreign secretary, concluded that the affair was a disgrace.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.

George Eaton is political editor of the New Statesman.

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How the Democratic National Committee Chair contest became a proxy war

The two leading candidates represent the Hillary Clinton and Bernie Sanders factions.

While in the UK this week attention has been fixed on the by-elections in Stoke-upon-Trent and Copeland, in the US political anoraks have turned their eyes to Atlanta, the capital city of the state of Georgia, and the culmination of the Democratic National Committee chairmanship election.

Democrats lost more than a President when Barack Obama left the White House - they lost a party leader. In the US system, the party out of power does not choose a solitary champion to shadow the Presidency in the way a leader of the opposition shadows the Prime Minister in the UK. Instead, leadership concentrates around multiple points at the federal, state and local level - the Senate Minority and House Minority Leaders’ offices, popular members of Congress, and high-profile governors and mayors.

Another focus is the chair of the national party committee. The Democratic National Committee (DNC) is the formal governing body of the party and wields immense power over its organization, management, and messaging. Membership is exclusive to state party chairs, vice-chairs and over 200 state-elected representatives. The chair sits at the apex of the body and is charged with carrying out the programs and policies of the DNC. Put simply, they function as the party’s chief-of-staff, closer to the role of General Secretary of the Labour Party than leader of the opposition.

However, the office was supercharged with political salience last year when the then-chair, Debbie Wasserman Schultz, was exposed following a Russian-sponsored leak of DNC emails that showed her leadership favoured Hillary Clinton as the party’s presidential nominee to Bernie Sanders. Schultz resigned and Donna Brazile, former campaign manager for Al Gore in 2000, took over as interim chair. The DNC huddled in December to thrash out procedure for the election of a permanent replacement – fixing the date of the ballot for the weekend of February 24.

The rancour of the Democratic primaries last year, and the circumstances of Schultz’s resignation, has transformed the race into a proxy war between the Clinton and Sanders factions within the party. Frontrunners Tom Perez and Keith Ellison respectively act as standard bearers for the respective camps.

Both are proven progressives with impeccable records in grassroots-based organizing. However Perez’s tenure as President Obama’s Labor Secretary and role as a Hillary booster has cast him as the establishment candidate in the race, whereas Ellison’s endorsement of the Sanders campaign in 2016 makes him the pick of the radical left.

The ideological differences between the two may be overblown, but cannot be overlooked in the current climate. The Democrats are a party seemingly at war with its base, and out of power nationwide.

Not only are they in the minority in Congress, but more than a third of the Democrats in the House of Representatives come from just three states: California, Massachusetts, and New York. As if that weren’t enough, Democrats control less than a third of state legislatures and hold the keys to just sixteen governors’ mansions.

Jacob Schwartz, president of the Manhattan Young Democrats, the official youth arm of the Democratic Party in New York County, says that the incoming chair should focus on returning the party to dominance at every tier of government:

“The priority of the Democratic leadership should be rebuilding the party first, and reaching out to new voters second," he told me. "Attacking Donald Trump is not something the leadership needs to be doing. He's sinking his own ship anyway and new voters are not going to be impressed by more negative campaigning. A focus on negative campaigning was a big part of why Hillary lost.”

The party is certainly in need of a shake-up, though not one that causes the internecine strife currently bedevilling the Labour Party. Hence why some commentators favour Ellison, whose election could be seen as a peace offering to aggrieved Sanderistas still fuming at the party for undermining their candidate.

“There's something to be said for the fact that Ellison is seen as from the Bernie wing of the party, even though I think policy shouldn't be part of the equation really, and the fact that Bernie voices are the voices we most need to be making efforts to remain connected to. Hillary people aren't going anywhere, so Ellison gives us a good jumping off point overall,” says Schwartz.

Ellison boasts over 120 endorsements from federal and state-level Democratic heavyweights, including Senator Sanders, and the support of 13 labor unions. Perez, meanwhile, can count only 30 politicians – though one is former Vice-President Joe Biden – and eight unions in his camp.

However the only constituency that matters this weekend is the DNC itself – the 447 committee members who can vote. A simple majority is needed to win, and if no candidate reaches this threshold at the first time of asking additional rounds of balloting take place until a winner emerges.

Here again, Ellison appears to hold the edge, leading Perez 105 to 57 according to a survey conducted by The Hill, with the remainder split among the other candidates.

Don’t write Perez off yet, though. Anything can happen if the ballot goes to multiple rounds and the former Secretary’s roots in the party run deep. He claimed 180 DNC supporters in an in-house survey, far more than suggested by The Hill.

We’ll find out this weekend which one was closer to the mark.

Louie Woodall is a member of Labour International, and a journalist based in New York.