4 Conclusions
103. Much of the evidence we received in this inquiry
referred to the importance of the UK becoming a leader in the
fight against war criminals and torturers. No one is recommending
that the UK should become a 'global prosecutor', but where there
is evidence and the public interest demands it, the UK courts
must have the legal capacity to play their part in bringing perpetrators
to justice.
104. We are concerned that the existing 'impunity
gaps' created by the ICC Act 2001 has left the UK out of
step with international law and trailing other countries such
as Switzerland, Belgium, Finland, the Netherlands and Norway,
who have prosecuted suspects, or investigated suspects with a
view to domestic prosecution, after their courts also refused
to extradite to Rwanda.[148]
Anyone in the UK suspected of the horrendous crimes now long-recognised
in international law should be investigated and, where appropriate,
prosecuted. The message must be clear: no international criminal
is welcome here - not to shop, holiday, receive medical treatment,
study, live, or visit. We commend the Government for responding
to the sound arguments put before it and hope that the amendments
to the Coroners and Criminal Justice Bill live up to the expectations
of victims, the British public and the international community.
105. States and officials acting on behalf of states
should not be entitled to immunity for acts of torture. There
may be uncertainty today but it is only a matter of time before
international law develops to ensure that torturers will be liable
to pay their victims reparations. The UK should be leading this
development. Foreign policy considerations should not prevent
the UK condemning states that torture - there must be consequences
for such actions. It is not the UK's insistence on maintaining
human rights standards which damages foreign relations, it is
the state which tortures our citizens. We are concerned at the
Government's dogged defence of the state immunity rule for torture.
We sincerely hope the Government reconsiders its position and
accepts the strong arguments in favour of the Torture (Damages)
Bill.
148 As discussed by Redress and African Rights, 8 May
2009, Open Letter to UK Government on Rwanda Genocide. Back
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