War Criminals: International Mechanisms for Prosecution

Lord Anderson of Swansea Excerpts

Thursday 21st March 2019 Lords Chamber

[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.

[Lord Anderson of Swansea (Lab)]

My Lords, under the recently passed Magnitsky law, the Government have the powers to prevent impunity of those guilty of grave human rights abuses by imposing visa bans and asset freezes. Will the murderers of Khashoggi be put on the Government’s list?

[Lord Ahmad of Wimbledon]

My Lords, in that case, as the noble Lord will be aware, there are ongoing legal proceedings taking place in the Kingdom of Saudi Arabia. I note the concerns—they are concerns that we share—about anyone who is being tried or is then convicted of crimes. I note the noble Lord’s concerns, but it would be inappropriate for me to comment further on an ongoing case.