Genocide: Bringing Perpetrators to Justice Debate
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Lord Thomas of Gresford
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Genocide: Bringing Perpetrators to Justice
Lord Thomas of Gresford Excerpts(3 years, 1 month ago)
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Lord Thomas of Gresford (LD) [V]
My Lords, I am very grateful to the noble Lord, Lord Alton, for all the work he does in this area and for the passionate way in which he introduced this debate.
I will start with a quote:
“The United States will provide no support or recognition to the International Criminal Court. As far as America is concerned the ICC has no jurisdiction, no legitimacy, and no authority.”
Not surprisingly, those are the words of Donald Trump, addressing the United Nations General Assembly in September 2018. In 2020 President Trump issued a sweeping executive order authorising asset freezing and family bans against Fatou Bensouda, the ICC chief prosecutor, and took away her visa. Trump said that anybody who assists ICC investigations risks the same sanctions. Of course, this has had a broad, chilling effect on co-operation with the ICC.
Trump indicated that his policy of sanctions might extend to allies—specifically Israel—and demanded that the ICC change its course. The ICC prosecutor concluded in December 2019, after examination, that all the statutory criteria to proceed with a formal investigation in Palestine had been met, but the court is currently seeking a ruling on jurisdiction.
Not surprisingly, neither China nor Myanmar submits to the jurisdiction of the ICC, although 123 countries have ratified the Rome statute. The threat of investigation by the ICC prosecutor resulted in a significant change of government policy under the Overseas Operations (Service Personnel and Veterans) Bill, which was recently before us, when genocide, torture and war crimes were at the last gasp omitted from the presumption against prosecution. That they had ever found their way into that Bill is a disgrace.
The most effective thing that can be done just at the moment to tackle genocide is for this country actively to persuade the Biden Administration to take up the responsibility and to ratify the Rome treaty. Is this happening?