Universal jurisdiction changes announced

By James Martin - Thursday 22nd July 2010


The Justice Secretary, Ken Clarke has promised that changes to the law on universal jurisdiction will mean any future prosecutions will require the approval of the Director of Public Prosecutions.

Ahead of his expected announcement of a change in the law in the House of Commons, Clarke said:


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"Our commitment to our international obligations and to ensuring that there is no impunity for those accused of crimes of universal jurisdiction is unwavering.

"It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution, otherwise there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy.

"The Government has concluded, after careful consideration, that it would be appropriate to require the consent of the Director of Public Prosecutions before an arrest warrant can be issued to a private prosecutor in respect of an offence of universal jurisdiction."

The outrage prompted by a magistrate backing an arrest warrant application on behalf of Palestinians in Gaza against Israeli opposition leader Tzipi Livni, in advance of her planned visit to the UK, led the Labour government to make a commitment to ensure that prominent Israelis would in future be able to travel to the UK without fear of arrest. Livni's warrant was issued over her involvement in authorising Operation Cast Lead.

Mike Freer, the Conservative MP for Finchley and Golders Green, said: "I am delighted that the Government have acted quickly to tighten up the Universal Jurisdiction process. Now the Director of Public Prosecutions will assess the evidence and only issue warrants where there is a solid case. This will end politically motivated warrants being sought."

Hendon MP Matthew Offord, who urged Clarke to act over changing the law during a recent House of Commons debate warned that any law changes would face "much opposition from the Labour benches".

Board of Deputies President and Jewish Leadership Council (JLC) Chairman Vivian Wineman together with Mick Davis, Chairman of the JLC Executive Committee said:

"We welcome this significant step towards the correction of a legal anomaly that has been exploited for the purpose of specific political agendas. The proposed remedy will rightly protect both the principle and practice of Universal Jurisdiction in serious international crimes which is something that our community has always supported.

"We look forward to the rapid publication of specific legislation and further details of the legislative vehicle that the Government intends to use to deliver its commitment to bring the matter before Parliament at the first opportunity."











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