A recent report by REDRESS and the Clooney Foundation exposed a drift of the UK from its historical commitment to international justice. The report persuasively argued for the reform of existent laws to foster greater universal jurisdiction, which would pave the way for more international human rights violations claims in the UK.
The report shed light on the legal, practical, and political obstacles that have deterred the prosecution of international crimes in UK courts. To tackle these issues, the report proposed reforms aimed at facilitating more successful cases against individuals suspected of serious international crimes, including war crimes, crimes against humanity, and genocide.
Amal Clooney and Rupert Skilbeck, directors of the Clooney Foundation and REDRESS respectively, further elaborated on the UK’s failure to hold war criminals accountable. They explained that the principle of universal jurisdiction under UK law grants any country’s courts the authority to conduct trials for certain offenses regardless of where they were committed, yet only three individuals have been convicted for such crimes in the UK so far.
The report insinuated that a lack of international cooperation inhibits investigations, the UK does not have access to the Schengen Information System and is no longer a Eurojust and Europol member. These roadblocks notwithstanding, the report strongly suggested that the UK probe into suspects likely to travel to the UK and sign the Ljubljana-Hague treaty.
Among the recommended legal alterations was the amendment of the International Criminal Court Act (ICCA) to broaden its jurisdiction and cover all crimes outlined in the Rome Statute from 1991 onwards. Another pivotal recommendation pertained to holding commanding and superior officers accountable for international crimes by amending laws such as the Geneva Conventions Act 1957 and the Criminal Justice Act 1988.
The report also stressed the need for the UK to standardize its approach to international crimes and allow the prosecution of any suspect present in the UK, akin to countries like Sweden and Germany. As well as advocating for universal jurisdiction, it indicated the responsibility of the UK under international law to either prosecute or extradite individuals suspected of war crimes or torture.
This stance aligns with the Universal Jurisdiction (Extension) Bill, introduced by Brendan O’Hara, a member of the UK’s Parliament earlier this year. The proposed legislation aims to enhance existing laws for bringing responsible individuals for heinous international crimes to justice, irrespective of the crime’s location or that of the perpetrators and victims.