Accountability for Daesh Crimes

First, we call for a reset in the UK’s approach to investigating and prosecuting international crimes. The current emphasis by UK law enforcement is overwhelmingly on terrorism offences. While that focus is understandable, it is currently insufficient. Genocide, war crimes and crimes against humanity are distinct crimes under international law and must be treated as such. The Government must develop a strategic framework that enforces and ensures that law enforcement, intelligence and prosecuting agencies work together to gather the necessary evidence to bring these cases to court. This is not just about justice for victims abroad; it is about our credibility at home too. British citizens should not be able to participate in genocide abroad and return to the UK without facing the full weight of the law.

Secondly, we call for a change in the law. At present, under the International Criminal Court Act 2001, the UK can only prosecute individuals for international crimes such as genocide, war crimes or crimes against humanity if they are UK nationals or residents. That is a major gap in our legal framework. Those are not crimes that should be subjected to jurisdictional loopholes. We urge the Government to amend legislation, specifically the Crime and Policing Bill currently before Parliament, to enshrine universal jurisdiction for those crimes in UK law. Doing so would mean that anyone, regardless of nationality or residency, could be prosecuted in the UK courts for the worst crimes known to humanity. That is not a radical proposal, but a long-overdue alignment of our legal system with our moral and international obligations.

Thirdly, we raise serious concerns about the deprivation of citizenship. The Government have used their powers to strip some individuals, particularly those suspected of involvement in terrorism abroad, of British nationality. We are concerned that in some cases the power has been used as a substitute for prosecution—in effect, removing people from our jurisdiction without holding them accountable for the crimes that they have committed. We call for greater oversight of the power. It should be subject to independent review and transparency mechanisms. Citizenship deprivation should never be used to avoid prosecution, nor to wash our hands of British nationals involved in the most serious international crimes.

Fourthly, we cannot ignore the humanitarian and security crisis in Syria. There are still UK nationals, including children, detained in camps that are overcrowded, dangerous and inhumane. Children face the daily risk of malnutrition, disease and violence. The camps have been described as, in effect, open-air prisons. They are not places for recovery or rehabilitation. The UK cannot simply look away; these are British citizens, many of whom are minors. Some of them were taken to Syria by parents, while others may have been born there. None of them should be condemned to a life of statelessness or radicalisation. We call on the Government to identify the number and status of those children, and to bring forward proposals for their resettlement and care.

Where British adults in these camps are suspected of involvement in Daesh crimes, the UK must take all steps to prosecute them here at home, in accordance with due process and the rule of law. The failure to prosecute those crimes sends a dangerous message to perpetrators, victims and the world. It tells perpetrators that they can get away with genocide if they are clever about which passport they hold, it tells victims that their suffering does not matter unless it happens within our own borders, and it tells the world that the UK is willing to tolerate impunity for the worst atrocities committed in modern times.

The Joint Committee on Human Rights believes that Britain must do better. Justice delayed is justice denied, and impunity is injustice enshrined. Let us be clear: the UK has the legal tools, the institutional capacity and the moral responsibility to act. What we need now is political leadership from the Government.

I thank everyone who gave evidence to the Joint Committee, whether written, in person or in any other form. I also thank those people who were brave in speaking out and sharing the situations that they and their families had been through. I acknowledge the work of the Committee support staff throughout this inquiry. I commend the report to the House and urge the Government to implement its recommendations without delay.