War Criminals: International Mechanisms for Prosecution

Lord Alton of Liverpool Excerpts

Thursday 21st March 2019 Lords Chamber

[Lord Hylton]

To ask Her Majesty’s Government whether they will make proposals for international mechanisms to identify and prosecute suspected war criminals, in particular in the Middle East, in consultation with the United Nations High Commissioner for Refugees and other relevant parties.

[Lord Alton of Liverpool (CB)]

My Lords, on behalf of my noble friend Lord Hylton, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the United Kingdom helped to secure a Security Council resolution in December 2017 to establish a UN investigative team to support domestic efforts by Iraq to hold Daesh accountable by collecting, preserving and storing evidence of Daesh crimes. The UK also co-sponsored the United Nations General Assembly resolution in December 2016 that established the international, impartial and independent mechanism for Syria, a step forward in ensuring accountability for atrocities committed in that country.

[Lord Alton of Liverpool]

My Lords, I am grateful to the Minister. With the fall of ISIS at Baghuz, and as the investigative team established by the United Nations Security Council Resolution 2379 begins its first mass grave excavation in Sinjar, will the Minister say how the evidence of genocide will be used? What consideration is being given to establishing an international or regional criminal tribunal to ensure that the trials are conducted with due process? Will he reflect that it is inevitable that the removal of citizenship from perpetrators will make it even harder to bring those responsible for genocide to justice?

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord raised the issue of the first mass graves. Some noble Lords may have seen the many images; I have read the reports. It is poignant that those graves have been found where Nadia Murad used to live. She had to go through many tragic circumstances and won the Nobel Peace Prize.

I agree with the noble Lord about the importance of ensuring that, through the passing of Resolution 2379, the first step is collection and preservation. In many cases, prosecutions will be best left to national authorities, and we continue to work with Iraq. I know that the noble Lord is particularly keen to ensure that local or regional justice is served. It may be that in future some form of international hybrid justice mechanism is used to try those most responsible for crimes of international concern. It is too early at this stage to suggest where each crime will be tried, but we are looking at all options.

On the issue of the prosecution of perpetrators of genocide where the removal of citizenship has occurred, I am sure that the noble Lord would agree that we all share the Government’s priority of the safety and security of our own citizens. Those who joined Daesh will face justice, whether in Iraq, once mechanisms are set up, or through international tribunals. If foreign fighters return here, that will be a matter for the CPS and police to judge.