Crime and Policing Bill

Baroness Kennedy of Shaws Excerpts

2nd reading
Thursday 16th October 2025 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, this Bill presents a unique opportunity to close long-standing accountability gaps in the UK’s universal jurisdiction laws and will ensure, if the amendments are received, that perpetrators of the world’s most serious crimes can be brought to justice on British soil. The House has heard me on a number of occasions advocate for a review of the universal jurisdiction laws as they operate in this country.

Many noble Lords may ask what universal jurisdiction is all about. UK courts can prosecute certain international crimes under the principle of universal jurisdiction, a legal framework that allows states to pursue justice for the most serious offences committed abroad, even when the case has no direct connection to the UK. These crimes include genocide, war crimes, crimes against humanity, and torture. Universal jurisdiction reflects the global consensus that such crimes are so grave that they demand accountability, wherever they occur.

However, there is a certain problem here in the United Kingdom, in that our organisations that are involved in human rights have seen, over and again, ways in which prosecution fails to take place because we require residency and nationality, so that a person who is present in the UK—sometimes coming to speak at a conference or to find a university for one of their children—cannot be prosecuted because they are not a British national and do not perhaps have residency in this country.

At a time when the number of such crimes—grievous crimes—is rising globally, reform is necessary. It would uphold the rule of law, enhance national security and help build safer communities both at home and abroad. We are renowned worldwide for our commitment to the rule of law—Britain probably leads the world—yet there is this serious gap. At present, the UK’s ability to prosecute grave international crimes under universal jurisdiction is severely limited, as I have just said.

The International Criminal Court Act declared that prosecutions could be brought for genocide, war crimes and crimes against humanity only where the suspect is a UK national or resident. It means that individuals accused of serious international crimes enter this country and do not face justice—and we can give you examples of that having happened. It is illogical, because we can prosecute internationally renowned torturers under the torture convention and the law that we used to introduce that as a domestic crime, but we cannot prosecute those others for the crimes that I have listed—war crimes, genocide, crimes against humanity and sexual crimes that have been weaponised as weapons of war.

The Joint Committee on Human Rights, on which I sit, led by the noble Lord, Lord Alton, published two reports this year, one relating to this Bill and another to Daesh/ISIL and people who have returned from criminal activities abroad. Both those reports recommended that there should be a review of the universal jurisdiction laws in this country. The noble Lord, Lord Macdonald, a former Director of Public Prosecutions, pointed out that it was illogical that we can prosecute for torture but we cannot prosecute for all these other grievous crimes. The example that I wanted to give briefly was that of a Rwandan general, James Kaberebe, who has been known to have committed many crimes and come to this country yet not been in any way detained or prosecuted.

I strongly recommend that the House considers this issue in the fullness of time, along with the many valuable recommendations made in other speeches.