Genocide – Jack Straw to strengthen law. Jack Straw was the British Foreign Office Secretary of Mr Tony Blair, the current Kagame Advisor.

07.07.2009 Instead of fueling hatred among Rwandans, AEGIS TRUST SHOULD HELP THE SPANISH AND FRENCH JUDGES TO PRESSURE ON THE EUROPEAN UNION.Rwandan SurViVors have welcomed such a decision even if Gen. Paul Kagame, the brain behind the Rwandan genocide still enjoys presidential immunity. But What does Mr Straw say about criminals' immunity? He obviously doesn't get IT.***New plans to strengthen the law on genocide, war crimes and crimes against humanity were announced by Justice Secretary Jack Straw today.The government is strongly committed to the fight against these heinous crimes. We must send a clear signal that the UK is no safe haven for those who commit them. Paul Kagame and other 40 RPF high ranked military officers must and will be prosecuted for such crimes. Justice is for victims and NOT for criminals.These three types of crime are covered by the International Criminal Court Act 2001. But the UK cannot currently prosecute under the Act those who committed such crimes before that year.To allow for prosecutions of earlier crimes, Mr Straw said the government has now decided to extend the law so those suspected of committing genocide, war crimes and crimes against humanity since 1 January 1991 can be prosecuted in the UK.This exceptional step has been made possible by the fact these types of crime were recognised in international law before our own law came into force. Amendments to the Coroners and Justice Bill will be laid before Parliament in order to bring the changes into force.Mr Straw said:‘The government is strongly committed to the fight against these heinous crimes. We must send a clear signal that the UK is no safe haven for those who commit them.‘Those who have committed genocide, war crimes or crimes against humanity over the last two decades must not escape justice. These people must face up to their terrible crimes and we are doing everything in our power to make them accountable for their actions.‘We have looked at whether our law at present is strong enough. Our preference is for those alleged to have committed such terrible crimes to be brought to justice in the country where the crimes took place, which allows the community that has suffered to see the perpetrators brought to justice.‘But when this is not possible, we are committed to ensuring those guilty of these crimes are punished appropriately and to the full extent of the law in this country.’Mr Straw explained the government has no plans to change the categories of people covered by existing legislation. That is, UK nationals and residents including those who commit crimes abroad, and subsequently become residents.However he said he was looking at how we might provide more certainty as to who may be considered a UK resident.Proposals to change the law will be brought forward by the government introducing amendments to the Coroners and Justice Bill, which is currently being debated in Parliament, and are due to be discussed this week when the House of Lords considers the Bill in Committee. We will be setting out our position in that debate and will bring forward a detailed proposal in the autumn when the Lords will again debate the Bill.Mr Straw added:‘I am grateful to those who have campaigned for the change and raised it for debate in the context of the Coroners and Justice Bill.‘I met John Bercow and Mary Creagh from the All Party Parliamentary Group for Genocide Prevention in May and they made a very powerful case for the inclusion of genocide as an extra-territorial offence within our law.‘Since then I have consulted widely with colleagues about the best way to proceed, and this announcement is the result of those discussions. There should, however, be no illusion that this is a case of making a straightforward change to the law – it is a complex area that will require further detailed discussion.’Statement on genocide lawThe Right Honourable Jack Straw MP, Lord Chancellor and Secretary of State for Justice:‘I told the House on 5 May 2009 (Official Report col. 19) that I had met representatives from the All Party Parliamentary Group for Genocide Prevention, and they had made a very powerful case for the inclusion of genocide as an extra-territorial offence within our law. Since then I have consulted widely with colleagues about the best way to proceed.‘Serious crimes of this nature are best dealt with in the country where the crimes took place. That is where the evidence will be most easily accessible, and where witnesses will be easier to contact. It is also the best solution because witnesses and survivors can see justice being done. Failing that, these crimes should be dealt with by international courts or tribunals where they exist. However, there may be circumstances where these options are not available. We have therefore decided that we should strengthen domestic law in this area.‘We propose that, as far is permissible under the legal principles applicable to retrospection, we should seek to cover the categories of crime of genocide, war crimes and crimes against humanity from 1 January 1991. It is that date from which the International Criminal Tribunal for the former Yugoslavia had jurisdiction to try offences under the Tribunal’s Statute adopted by the United Nations Security Council. ‘Making these changes will be quite complex.The offence of genocide, along with offences of war crimes and crimes against humanity, is contained in the International Criminal Court Act 2001. From 2001, we have jurisdiction to try those crimes in the UK if committed by a UK national or resident wherever they took place. The 2001 Act is based on the Rome Statute of 1998 establishing the International Criminal Court. While international law existed in respect of all these areas earlier, the offences in the 2001 Act may be wider than those recognised before the Rome Statute and any change will need to take account of this.‘We propose no change to the categories of people covered by the legislation, which should remain UK nationals and residents (including those who commit crimes, and subsequently become resident). However we are exploring the possibility of providing more certainty as to who may (or may not) be considered to be a UK resident.‘We intend to introduce these changes by bringing forward amendments to the Coroners and Justice Bill at Report stage in the House of Lords in the autumn.’Notes to editors
The government proposes that, as far is permissible under the legal principles applicable to retrospection, we should seek to cover the categories of crime of genocide, war crimes and crimes against humanity from 1 January 1991. It is that date from which the International Criminal Tribunal for the former Yugoslavia had jurisdiction to try offences under the Tribunal’s Statute adopted by the United Nations Security Council.
The offence of genocide, along with offences of war crimes and crimes against humanity, is contained in the International Criminal Court Act 2001. From 2001, we have jurisdiction to try those crimes in the UK if committed by a UK national or resident wherever they took place.
The most serious types of war crimes committed in international armed conflicts, namely grave breaches of the Geneva Conventions, have been covered in UK law since 1957 under the Geneva Conventions Act 1957.
The 2001 Act is based on the Rome Statute of 1998 establishing the International Criminal Court.
While international law existed in respect of all these areas earlier, the offences in the 2001 Act may be wider than those recognised before the Rome Statute and any change will need to take account of this.
Baroness D’Souza and Lord Carlile have tabled amendments on this issue for committee stage of the Coroners and Justice Bill. Those amendments will be debated on 7 July 2009.
Going back to 1991 would cover, for example, the period of the Rwanda genocide and the conflict in the former Yugoslavia. For more information please contact the Ministry of Justice press office on 020 3334 3536.