WIREDGOV

The UK will not be a safe haven to those accused of heinous crimes such as genocide, crimes against humanity and war crimes, Justice Secretary Jack Straw said yesterday as he announced changes to strengthen the law.

Those who have committed such crimes in the past will be able to be brought to justice in our courts. Exceptionally, the law will apply to crimes committed since 1991 - meaning that those involved in the genocide in Rwanda and in crimes committed during the conflict in the former Yugoslavia who may be living in the UK can be brought to justice.

Publishing the amendments to the Coroners and Justice Bill, Justice Secretary Jack Straw said:

‘Genocide, war crimes and crimes against humanity are three of the most heinous categories of crime imaginable. Those who perpetrate these appalling acts must, wherever possible, be held to account for their crimes. Victims need to see justice being done.

‘The trial of Radovan Karadzic is scheduled to begin in The Hague today, which serves as a reminder both of the appalling nature of these crimes, and that those who commit them should not escape justice.

‘Whilst the UK alone cannot be the “world’s policeman”, these new laws will make it clear that Britain will not be a safe haven for those accused of war crimes. If it is not possible for foreign nationals resident in the UK to face trial where their crimes took place we will, for crimes committed since 1991, be able to prosecute them under UK law.’

The Ministry of Justice has also published its formal response to the Joint Committee on Human Rights on the UK law on genocide (and related crimes) and redress for torture. The report outlines the wider efforts being taken to ensure that justice can be done, including working with the government of Rwanda to strengthen the Rwandan judiciary so that future extradition requests from Rwanda are more likely to succeed and suspects can face trail in the country where their offences were committed.

Notes to editors

1. The changes in legislation have been tabled as amendments to the Coroners and Justice Bill
2. The government has also published a command paper in response to the Joint Committee on Human Rights which outlines the reasoning for the changes to the criminal law policy being announced today. A copy of the government response is available.
3. The offence of genocide, along with offences of war crimes and crimes against humanity, is contained in the International Criminal Court Act 2001. From 2001, we have jurisdiction to try those crimes in the UK if committed by a UK national or resident wherever they took place.
4. The amendments ensure that, as far is permissible under the legal principles applicable to retrospection, the law will cover the categories of crime of genocide, war crimes and crimes against humanity from 1 January 1991. It is that date from which  the International Criminal Tribunal for the former Yugoslavia had jurisdiction to try offences under the Tribunal's Statute adopted by the United Nations Security Council.
5. The amendments also provide more certainty to the term 'resident' in the legislation:
   • First the amendments specify certain categories of people as meeting the ‘resident' test for the purposes of this legislation. These include those in custody and asylum seekers (including failed asylum seekers). Those with indefinite leave to remain, or those with leave to remain for the purposes of work or study, are also specifically included.
   • Second, the amendments provide a non-exclusive list of factors that a court should have regard to in deciding on residence, such as the purpose of being in the UK, family connections, ownership of property etc.
6. The most serious types of war crimes committed in international armed conflicts, namely grave breaches of the Geneva Conventions, have been covered in UK law since 1957 under the Geneva Conventions Act 1957.
7. The 2001 Act is based on the Rome Statute of 1998 establishing the International Criminal Court.
8. Going back to 1991s would cover, for example, the period of the Rwanda genocide and the conflict in the former Yugoslavia.
9. For more information, please contact the Ministry of Justice press office on 0203 334 3528.