Genocide: Bringing Perpetrators to Justice

Lord Browne of Ladyton Excerpts

Thursday 27th May 2021 Grand Committee

[Lord Browne of Ladyton (Lab) [V]]

My Lords, I thank the noble Lord, Lord Alton, for securing this debate and for his tireless work on genocide and other egregious human rights violations. We are legally bound by the 1948 convention to take all reasonable steps to punish and to prevent genocide. How many times have we said “never again”, despite inadequate action to break the cycle of it? Nothing will change unless we find a route to legal accountability and justice.

Regrettably, the Government’s actions fall short of their own rhetoric; they are slow to bring forward Magnitsky sanctions and are avoiding reform of supply chain legislation. They are in defiance of the House of Commons recognition of genocides and your Lordships’ overwhelming support for a judicial route to determination. They have prioritised their ability to enter trade negotiations with China over a process to assess the Uighur case. The Government hold an untenable position on the determination of genocide. You cannot say “genocide determination is for a court” when, with Chinese and Russian vetoes, no court will ever hear the case. Their policy is inoperable and now they must come forward with credible alternatives. They must continue to explore all legal routes to justice.

There are options. My honourable friend Stephen Kinnock urged the Foreign Secretary to introduce a UNGA resolution requesting an advisory opinion from the ICJ on the question of Uighur genocide and to explore legal avenues through other treaties and conventions, like the Convention against Torture, to which China is a signatory. If there was sufficient evidence against individuals, and they were to travel internationally, countries could assume jurisdiction to try those responsible for Uighur policies. France created a genocide unit to investigate and prosecute such offences and in May 2020 arrested a suspect in connection with the genocide in Rwanda.

Another option is bringing cases against Chinese officials at the ICC. China does not accept that jurisdiction, but, as a basis for jurisdiction, lawyers for exiled Uighurs claim some victims were kidnapped from Cambodia and Tajikistan, which do recognise the court. If not these, what credible alternatives do the Government have?