UK drafts new law over int`l jurisdiction

Ma'an, (updated) 07/06/2010 13:08

UK Foreign Secretary William Hague announced quick steps being taken by the new coalition government toward changing the law on universal jurisdiction, the official said Wednesday during the Queen's debate on 26 May.

The current law, based on the 1988 Criminal Justice Act grants universal jurisdiction on war crimes cases to courts in England and Wales, but came under review following a near arrest of former Israeli Foreign Minister Tipzi Livni, who was in office during the country's 2008-9 winter war on Gaza.

The government's move is an attempt to pre-emptively block any situation that might lead to the arrest of an Israeli government minister.

"We cannot have a situation where Israeli politicians feel that they cannot enter this country", Hague said. "It is absolutely my intention to act speedily."

Although the legislation is applicable to any foreign national entering the country, it is particularly relevant for Israeli government ministers. Several have have been charged with war crimes relating to Operation Cast Lead and previous military offensives.

In 2009, an arrest warrant was issued for Israeli opposition leader Tzipi Livni. It was later withdrawn when she decided not to visit the UK. In September of the same year, a suit was filed in the UK against former Israeli Prime Minister Ehud Barak for war crimes. There has been huge public appetite for such prosecutions with vitriolic demonstrations the typical greeting for Israeli ambassadors in the UK.

Last year, the Labour government announced it would modify the law to require the consent of the attorney general for the issuing of warrants. The attorney general at the time, Baroness Scotland, supported the change. "Israel's leaders should always be able to travel freely to the UK."

Many backbench MPs responded with outrage. An early day motion condemning the proposal was signed by 110 MPs, including Vince Cable and Chris Huhne, who are now members of the ruling coalition cabinet. They have not commented on Hague's initiative as the coalition seeks to consolidate its position.

A letter to The Guardian newspaper condemning the proposed change carried over 90 signatures, including human rights workers, trade unionists, 25 MPs and 33 lawyers. It stated that the UK must "seek out and prosecute persons suspected of war crimes wherever and whoever they are, whatever their status, rank or influence, against whom good prima facie evidence has been laid. We reject any attempt to undermine the judiciary's independence and integrity."

The change was eventually postponed to avoid controversy during the general election campaign. But Hague has acted swiftly since the Conservative-Lib Dem coalition took power to finish the previous government's work.

Liberal Democrat MEP and Member of European Palestine Delegation Chris Davies criticised the move. "[Hague] should suspend making any such changes. It is time that European nations responded to Israeli aggression with actions to demonstrate our disapproval and our demand for justice."


Nicolas Helm Grovas writes for the Palestine Monitor in Ramallah