Letter from Emily Thornberry MP

INLAP/World Court Project UK

Ms Pat Haward
147 Northchurch Road
London
NI 3NT

Dear Ms Haward

Thank you for your email asking me to sign Early Day Motion (EDM) 502 in support of universal jurisdiction for human rights abuses. I apologise for not replying sooner but I warned to contact Ministers and I have been working behind the scenes on this matter.

I share your concern that changes to the procedure for applying for arrest warrants could undermine the principle of universal jurisdiction and I have added my name to EDM 502.

In 2005 Israeli Major General Doran Almog flew to the UK. Mr Almog was facing arrest and trial for war crimes committed in Rafah whilst serving in the Israeli military, services. However, Mr Almog was tipped off that an arrest warrant had been issued against him by a British court and remained in his plane on the tarmac and in this way, evaded arrest. Like many, I was angry that General Almog was able to escape and as the constituency MP for the solicitors involved in acquiring the warrant. I wrote to the Metropolitan Police, the Israeli Embassy and to the Government to express outrage that General Almog had escaped justice. I enclose a copy of my letter to the Foreign Office for your information.

An arrest warrant can be obtained by presenting a judge with prima facie evidence that an offence has been committed by the named person. The relevant court is only ever the Westminster Magistrates' court and would be considered by a very experienced district judge. I support the current law which allows groups and individuals to initiate criminal proceedings which is consistent with our Government's duty to actively investigate and prosecute war crimes. Currently the Attorney-General's consent is required for charges of war crimes to be made.

Following the attempt to arrest General Almog, the Government considered changing the law. On that occasion they were persuaded not to initiate any such change. I understand that the Government is once again considering a change on the law governing arrest warrants perhaps by introducing a requirement that Attorney-General give his/her permission as is already the case when a summons is issued. A change in the law would require primary legislation which I am sure would face strong opposition in both the Commons and the Lords. I am one part of such an opposition lobby and I hope that we will be able to persuade the Government again to leave the law alone.

It has been suggested that arrest warrants may be applied for in cases where there is insufficient evidence for a prosecution to go ahead or for the police to investigate further with a solely political purpose. However, in reality the requirement for prima facie evidence to be presented means that there is a case that merits further investigation. It is also argued that the granting of arrest warrants could a damaging effect on diplomatic discussions. In deciding whether or not to grant an arrest warrant, the judge would consider whether the defendant has diplomatic immunity which serving ministers would hold. In these cases a request would not be granted. I therefore do not agree that these objections justify, a change in the law and in my view further limits to private prosecutions should not be created lightly.