Asked by: Naz Shah (Labour - Bradford West)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, whether he is taking diplomatic steps to investigate potential mass burial sites in Mariupol.
Answered by Leo Docherty - Minister of State (Ministry of Defence) (Minister for the Armed Forces)
The UK is fully committed to holding Russia to account for its actions in Ukraine. Established accountability mechanisms, including the International Criminal Court's investigations and Ukrainian domestic judicial processes are investigating all allegations of war crimes, crimes against humanity and genocide. The UK continues to support these independent investigations, including by establishing the Atrocity Crimes Advisory Group with the US and EU to provide practical and financial support to assist the War Crimes Unit of the Office of the Prosecutor General of Ukraine.
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the Answers of 14 July 2022 to Question 29907 and of 6 September 2023 to Question 40743 on Genocide: Rwanda, whether she has had recent discussions with the Metropolitan Police Service regarding Rwandan nationals in the UK allegedly involved in war crimes, crimes against humanity, genocide or torture in relation to the 1994 genocide; and what information her Department holds on when those investigations will be completed; and if she will make a statement.
Answered by Chris Philp - Minister of State (Home Office)
All meetings held by the Home Secretary in her Ministerial capacity are routinely released in quarterly Departmental transparency returns. The latest transparency returns can be found here: Home Office: ministerial gifts, hospitality, travel and meetings - GOV.UK (www.gov.uk)
The Metropolitan Police has national responsibility for carrying out UK police inquiries for the investigation of all allegations of war crimes, crimes against humanity, genocide and torture. The Home Office do not hold information as to when any police investigations are likely to conclude. The Home Secretary will not be making a statement at this time.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Attorney General:
To ask His Majesty's Government what consideration they have given to applying universal jurisdiction as a means of bringing to justice those who have committed atrocity crimes, but have evaded prosecution in international courts or domestic courts in other jurisdictions.
Answered by Lord Stewart of Dirleton - Advocate General for Scotland
The International Criminal Court Act 2001 and The International Criminal Court (Scotland) Act 2001 allows jurisdiction over the offences of genocide, war crimes and crimes against humanity committed abroad by any person who: (i) is/was a UK national or UK resident at the time of the crime; or (ii) became a UK national or UK resident after the crime and still resides in the UK when proceedings are brought. Criminal law in the United Kingdom provides for universal jurisdiction over the crimes of torture and grave breaches of the Geneva Conventions, allowing prosecutorial authorities to investigate and prosecute these offences under certain conditions when they were committed abroad by foreign nationals. The relevant prosecuting authorities from across the UK will bring individuals to justice wherever possible, in line with their respective prosecutorial policies. Universal jurisdiction has been applied in the past in the UK, including in the case against Agnes Taylor who was accused of participating in crimes of torture during the first Liberian Civil War.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Attorney General:
To ask His Majesty's Government, further to the Written Answer by Lord Stewart of Dirleton on 25 April (HL6969), how many requests to prosecute cases of international crimes were received by the Attorney General in the last five years; and how many of those were granted.
Answered by Lord Stewart of Dirleton - Advocate General for Scotland
The Attorney General’s consent is required for the prosecution in England and Wales of several international crimes. These include: grave breaches of the Geneva Conventions, contrary to the Geneva Conventions Act 1957; genocide, crimes against humanity or war crimes, contrary to the International Criminal Court Act 2001; torture, contrary to the Criminal Justice Act 1988; and hostage-taking, contrary to the Taking of Hostages Act 1982. In the last five years, in relation to the above international crimes, the Attorney General’s Office has received one application for consent to prosecute. Consent was not granted. |
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government what plans they have to reform the law on universal jurisdiction; and in particular, what plans they have to expand the scope of section 51 of the International Criminal Court Act 2001, namely the group of perpetrators who can be tried for international crimes in domestic courts.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The criminal law of England and Wales provides for universal jurisdiction over the crimes of torture and grave breaches of the Geneva Conventions, allowing national authorities to investigate and prosecute these offences under certain conditions when they were committed abroad by foreign nationals. The International Criminal Court Act 2001 allows jurisdiction over the offences of genocide, war crimes and crimes against humanity committed abroad by any person who: (i) is/was a UK national or UK resident at the time of the crime; or (ii) became a UK national or UK resident after the crime and still resides in the UK when proceedings are brought. There are no plans to reform the law on universal jurisdiction.
Asked by: Valerie Vaz (Labour - Walsall South)
Question to the Attorney General:
To ask the Attorney General, what assessment she has made of the ability of Ukraine and its international partners to (a) gather and (b) analyse evidence of Russian war crimes for the Special Tribunal in Ukraine.
Answered by Victoria Prentis - Attorney General
On 20 January 2023, the Foreign Secretary announced that the UK will play a leading role in a core group of likeminded partners to pursue criminal accountability for Russia’s illegal invasion of Ukraine. Alongside other international partners invited by Ukraine, the UK will shape thinking on how to ensure criminal accountability for Russia’s aggression against Ukraine. An investigation into the Crime of Aggression by any new tribunal could complement established mechanisms investigating war crimes, including the International Criminal Court and Ukraine’s domestic investigations and prosecutions. In joining this additional core group focused on Crimes of Aggression, the UK will complement its support on those other mechanisms in pursuit of accountability for war crimes, crimes against humanity, or genocide. Investigations for those international crimes are well underway, supported by UK initiatives such as the UK-US-EU Atrocity Crimes Advisory Group, and judicial training by Sir Howard Morrison KC and Uk-based Advocates for International Development. On 4 March 2023, it was announced that an International Centre for the Prosecution of Crimes of Aggression against Ukraine will be established in The Hague, within the structure of Eurojust’s Joint Investigation Team for Ukraine. |
Asked by: Alexander Stafford (Conservative - Rother Valley)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what assessment his Department has made of the risk of genocide from the targeting of Hazara Muslims in Afghanistan.
Answered by Leo Docherty - Minister of State (Ministry of Defence) (Minister for the Armed Forces)
FCDO officials regularly press the Taliban to protect religious and ethnic minorities. On 8 December 2022, Lord Ahmad, the Minister of State for South Asia, met Hazara representatives who provided useful insight on the situation. It is HMG policy that it is for a competent national or international court, such as the International Criminal Court, to determine whether crimes against humanity and genocide have been committed and who is responsible.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to Answer of 14 July to Question 29907, if she will increase Government resources for investigations of Rwandan nationals in the UK alleged to have taken part in the 1994 genocide against the Tutsis.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
Information about spend on investigations into war crimes committed abroad is not held by the Home Office.
The Metropolitan Police has national responsibility for carrying out UK police inquiries for the investigation of all allegations of war crimes, crimes against humanity, genocide and torture.
It will receive up to £3.24 billion in 2022/23 through the police funding settlement, an increase of up to £169.3 million when compared to 2021/22.
Decisions on how to allocate resources and distribute funding, including for investigation of alleged war crimes, is an operationally independent matter for Chief Constables, PCCs and Mayors with PCC functions, in this case the Metropolitan Police Commissioner and the Mayor of London.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to Answer of 14 July to Question 29906, how much the Government has spent on investigations into war crimes committed abroad by suspects living in the UK over each of the last five years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
Information about spend on investigations into war crimes committed abroad is not held by the Home Office.
The Metropolitan Police has national responsibility for carrying out UK police inquiries for the investigation of all allegations of war crimes, crimes against humanity, genocide and torture.
It will receive up to £3.24 billion in 2022/23 through the police funding settlement, an increase of up to £169.3 million when compared to 2021/22.
Decisions on how to allocate resources and distribute funding, including for investigation of alleged war crimes, is an operationally independent matter for Chief Constables, PCCs and Mayors with PCC functions, in this case the Metropolitan Police Commissioner and the Mayor of London.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government what plans they have to instigate an assessment of the signs of atrocities in Darfur; and what plans they have to commission a Joint Analysis of Conflict and Stability strategic assessment to investigate (1) whether crimes against humanity are being committed, and (2) whether these crimes could develop into genocide.
Answered by Lord Goldsmith of Richmond Park
The UK and Germany completed a Joint Analysis of Conflict and Stability (JACS) on Sudan in 2019. This was used by the UK to help support conflict resolution mechanisms, create a supportive regional environment and improve governance by supporting fair power structures. Whilst we have not commissioned a recent JACS on Sudan, the UK continues to work closely with a wide range of Non-Governmental Organisations (NGOs) on understanding atrocity prevention, early warning and early response systems.
The UK also remains a staunch advocate for justice and accountability for past crimes, something the former Foreign Secretary urged Sudan's leaders to deliver progress on during his visit to Khartoum in January 2021. The Minister for Africa welcomed the start of Ali Kushayb's trial on 5 April in The Hague for alleged crimes against humanity and war crimes in Darfur. We hope that this trial marks a wider process of accountability and reconciliation in Sudan. We continue to support the International Criminal Court Prosecutor in his important work to investigate crimes in Darfur and regularly raise concerns of human rights abuses in international fora such as the UN Human Rights Council. On 7 July, we successful secured a resolution to maintain monitoring and reporting on human rights violations at the UN Human Rights Council.