Parliament and war crimes
The UK Houses of Commons and Lords have, since the mid 1980s, conducted a number of high-profile debates on changing the law to allow war criminals to be prosecuted (notably 1987-1991, 2009, 2018-22), and to debate quite how the 5 Rwandan suspects – and hundreds of others like them – have still to find themselves in a court of law. The debates make very interesting reading. Most are from Hansard. All-party war crimes groups (listed) have formed over the years to try to push the issue, with governments inevitably giving bland verbal reassurances of action.
1988-1995 War Crimes Act debate
The Report by Hetherington and Chalmers for the UK parliament into War Crimes was a landmark moment and showed conclusively what Uk governments had done their best to avoid noticing for 40 years – that not only had hundreds of Nazis come to the UK post 1945, but that many were likely to have taken part in war crimes and the UK had no ability legally to put them on trial as they were then foreign nationals who had committed crimes in foreign states. A number of often furious debates in the Commons and Lords took place in the years before and after the Report, until the War Crimes Act was finally passed in 1991 after the government had to use the parliament Act to force it through after repeated defeats of the legislation in the House of Lords.
HoC: Statement by government on War Crimes Inquiry Report 24 July 1989
HoL: Written answer on 17 War Crimes suspects in UK, 6 Dec 1988
HoL: Debate on war crimes inquiry 4 Dec 1989
HoL: War Crimes Bill debate on second reading 30 April 1991
HoL: War Crimes Bill debate for second reading (failed) 4 June 1990
HoL: Questions regarding prosecutions/progress under the War Crimes Act 14 June 1993
HoL: Question about costs incurred under the War Crimes Act 6 June 1991
HoL: Question as to when/if any prosecution under War Crimes Act may take place 15 May 1995
HoC: statement by Home Secretary on war criminals in UK 8 Feb 1988
HoC: War Crimes Bill second reading debate 19 March 1990
HoC: War Crimes Bill debate on Order for Second Reading 18 March 1991
HoC: War Crimes Bill – enactment of the Parliament Act 1 May 1991
2009 War Crimes legal amendment (Coroners and Justice Act 2009)
The failed extradition case against the 4 Rwandan suspects in April 2009 led to calls for the UK to change its laws to close a loophole which meant non Uk residents who committed crimes abroad pre June 2001 could not be prosecuted in UK courts. An amendment to the Coroners and Justice Act at the end of the year closed this loophole, though 14 years on it has had no active effect in getting the Rwandans to face justice in the UK. (see also: Rwandan suspects in the UK page)
Ministry of Justice: Press release on law change law re: genocide 7 July 2009
HoL: Debate on War Crimes re: Rwanda 30 June 2009
HoL: Debate on aspects of ICC 29 October 2008
Joint Committee of both Houses: Report: Closing the impunity gap – UK law on genocide 21 July 2009
The Guardian: Straw proposes new powers to prosecute war criminals in Britain 7 July 2009
HoL: Debate on Coroners and Justice Bill 18 May 2009
Aegis Trust: Proposal to Strengthen the law regarding suspected war criminal in the UK 2009
All Party Parl. War Crimes Group 1987-2021
Parliamentarians have set up special interest groups over the past 35 years to press for legal reforms on the issue of War Crimes and also to press for further action to be taken against suspects living in the UK – notably by extra resources for investigations and funding for the costs involved.
Register of All-Party Parliamentary Group on War Crimes on 2 June 2021
Jewish Chronicle: War crimes parliamentary group reformed 23 April 2021
Jewish Telegraph Agency: All party Parl. war crimes group set up 21 August 1987
Register of All-Party Parliamentary Group on War Crimes of July 2006
UK Parliament and debates and questions on Rwandan genocide suspects 2006-22
There have been a number of times since 2006 that the issue of the 5 Rwandan accused have been raised in parliament in often very unhappy debates over their continued justice-free residence in the UK. Inevitably governments have sought to defence their (in)action and have promised a strengthening of laws and whatever resources are needed. However, reading through these debates and listening to the government response to questions about its failure – not just with these 5 men but many hundreds of others suspected of war crimes and genocide resident in the UK – makes for a despairing state of mind.
UK Government: note on the investigation and prosecution of crimes of universal jurisdiction 2018
HoL: Debate on question of what government is doing to prosecute war criminals 13 Sept 2018
HoL: Question what steps the government is taking to bring genocide suspects to justice 21 May 2021
HoC: Rwanda justice questions during Holocaust Memorial Day debate 27 January 2022
HoC International Criminal Justice statement 21 July 2016
HoC: Statement by Foreign Secretary (Boris Johnson) on international criminal justice 18 July 2017
HoC: Debate on Holocaust Memorial Day re: Rwanda 28 January 2021