I beg to move,
That leave be given to bring in a Bill to provide that offences of genocide, crimes against humanity and war crimes may be tried in the United Kingdom regardless of the nationality or residence of the offender; and for connected purposes.
The Universal Jurisdiction (Extension) Bill would tighten existing legislation on how we bring to justice those responsible for the world’s most heinous crimes. The Bill would allow legal systems across the UK to do that, irrespective of where the crimes were committed, regardless of the nationality or location of the perpetrators or victims, and without having to consider whether the accused person or the victim had any specific connection to the UK. In short, the Universal Jurisdiction (Extension) Bill is about saying to the world’s worst criminals that there is no hiding place and there will be no immunity.
Under international law, states are required to investigate and, if necessary, prosecute certain crimes under the principle of universal jurisdiction. It is the international community’s way of recognising that there are crimes so grave that we all have an inherent responsibility and collective interest to ensure that they are prosecuted. The Bill seeks to help the UK meet its international responsibilities by amending the International Criminal Court Act 2001. Although that Act gives courts jurisdiction over war crimes, genocide and crimes against humanity, it is still woefully deficient in providing what we would want from legislation claiming to operate universal jurisdiction.
The main problem with the 2001 Act is that even with the most heinous crimes, if they were committed outside the UK, they can be prosecuted here only if the accused person is a UK national, a UK resident or subject to UK service jurisdiction. While some may say that the UK does have universal jurisdiction when it comes to such crimes, the reality is that what we have in the UK could best be described as a system of extraterritorial jurisdiction. That is what the Bill seeks to remedy, so that we instead have a real and meaningful system of universal jurisdiction for those crimes of genocide, crimes against humanity and war crimes. That is important, because given what is happening in the world right now, this is a live and pressing issue, whether in Ukraine, Myanmar, Xinjiang, Tigray or many, many other places.
Many people are working right now on how the UK should change its definition of universal jurisdiction. I put on record my thanks to Dr Ewelina Ochab of the International Bar Association’s Human Rights Institute for her invaluable assistance in putting the Bill together. I also thank the Clooney Foundation for Justice, which has done an enormous amount of work on this topic in recent months, and which will in the next couple of months release its own report on universal jurisdiction in the United Kingdom.
I understand that among that report’s key recommendations will be that the UK Government amend section 51(2)(b) of the International Criminal Court Act 2001 to remove the requirement that for genocide, crimes against humanity and war crimes, the crime needs to have been committed either in the UK or, if committed outside the UK, by a UK national or resident for our courts to have jurisdiction. The report will argue instead that the UK should provide jurisdiction over those international crimes committed anywhere in the world, even when that offence bears no relation to the UK.