Foreign Affairs

Baroness Kennedy of Shaws Excerpts

Tuesday 5th March 2024 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, as others have mentioned, it is two years since Russia invaded Ukraine. Soon after the war started, I was appointed to a legal task force to advise on war crimes. My area of work is related largely to crimes concerning women and children. I am now working with President Zelensky’s office on the return of children who have been abducted and taken from Ukraine by Russia.

I cannot emphasise enough just how indebted the Ukrainian leadership feels to Britain for the way in which we have been at the forefront of supporting Ukraine. From my work on this task force, it has become clear that there are areas of law where we could make some beneficial changes. For example, what would the authorities do if a Russian general who had committed war crimes and crimes against humanity in Ukraine showed up at a London airport? We asked whether he would be arrested and put on trial. Unfortunately, the answer is no. Of course, we recognise the principle of universal jurisdiction and have interpreted it into British law. However, that allows us and our courts to put on trial people for only a handful of offences—genocide, war crimes and crimes against humanity—the kinds of offences that shock the consciousness and the conscience of humankind, no matter where they occur.

The problem is that our law confines this to citizens and residents of the United Kingdom. The only people who can be prosecuted are those with this status. Interestingly, the United States’ law was formed in exactly the same way but, last year, it amended its legislation. Merrick Garland, the Attorney General, very much supported by the State Department, changed it so that presence was enough. The Americans do not have the problem of not being able to arrest Russian generals or Iranian mullahs who are currently out of our reach. This is a piece of low-hanging fruit.

I take up what was said by the noble Baroness, Lady Northover, in that I am very happy to see the Foreign Secretary in his role. I know that many of us involved in international issues have been impressed by his willingness to depart from some of the normal policy constraints, so I congratulate him on that. He has a window of opportunity—who knows what will happen later in the year? I suggest that this is a piece of low-hanging fruit, and he could change the law through the Criminal Justice Bill that is coming through Parliament.

The other area of law that I would like us to look at is our state immunity law, which I will discuss very briefly. There is a growing feeling—it has been expressed by the President of the European Commission—that we should consider using the frozen Russian assets that we have. We ourselves have £20 billion worth of Russian assets in our banks. They should be used to assist in the buying of military supplies for Ukraine. The way to do that would be to liquidate them. It would mean some legal change, but, under the doctrine of collective countermeasures, it would be permissible because we are suffering economic consequences, as a nation, as a result of the war. I am not suggesting that we go off on a tangent on our own. I am sure that the Foreign Secretary, with his great skills as a politician, great charm and ambassadorial skills, could get together with the rest of Europe and make an agreement that it is done collectively, as the risks are diminished when it is done collectively.

I turn to the other matters that I want to raise with the Foreign Secretary as low-hanging fruit. I would like to see the strengthening of the atrocity crimes unit in the Foreign Office, because it needs greater resources, and it should monitor indicators of genocide. The noble Lord, Lord Alton, and I argue for that in relation to the issues to which we often drawn this House’s attention, including the position of the Uighurs. The unit should look at whether there is a trajectory towards genocide, which should be monitored in a sophisticated way, and resources are needed for that.

I thank the noble Lord, Lord Ahmad—I am a great fan of his—for mentioning Vladimir Kara-Murza, an extraordinary person who is currently in prison in Russia. He has, undoubtedly, twice been poisoned by the state and is now facing a long sentence, just like Navalny. He is a British citizen, and I hope that pressure can be brought to bear on Russia to release him and let him return to Britain. I suspect that that means having to be involved in an exchange of prisoners. We do not have a Russian to exchange, but Germany does, and I think that collaboration with Germany may make it possible for that kind of exchange to take place. I know that that is normally resisted by the Foreign Office, but we should consider doing it for this prisoner at this moment in time, given what happened to Navalny.

My last message to the Foreign Secretary is this. He is dealing with the whole issue of the Middle East, and I know how difficult that is. We always talk about the importance of peacemaking. Here I take up what the most reverend Primate mentioned: peacemaking is vital, but we must have women at the tables, and I am worried that women will not be at the tables in the Middle East. With his great advocacy skills, please will the Foreign Secretary ensure that we have women at the tables? That is what we want to see.