Crimes against Humanity: Prosecutions

(asked on 28th March 2023) - View Source

Question to the Attorney General:

To ask His Majesty's Government what consideration they have given to applying universal jurisdiction as a means of bringing to justice those who have committed atrocity crimes, but have evaded prosecution in international courts or domestic courts in other jurisdictions.


Answered by
Lord Stewart of Dirleton Portrait
Lord Stewart of Dirleton
Advocate General for Scotland
This question was answered on 11th May 2023

The International Criminal Court Act 2001 and The International Criminal Court (Scotland) Act 2001 allows jurisdiction over the offences of genocide, war crimes and crimes against humanity committed abroad by any person who: (i) is/was a UK national or UK resident at the time of the crime; or (ii) became a UK national or UK resident after the crime and still resides in the UK when proceedings are brought. Criminal law in the United Kingdom provides for universal jurisdiction over the crimes of torture and grave breaches of the Geneva Conventions, allowing prosecutorial authorities to investigate and prosecute these offences under certain conditions when they were committed abroad by foreign nationals. The relevant prosecuting authorities from across the UK will bring individuals to justice wherever possible, in line with their respective prosecutorial policies. Universal jurisdiction has been applied in the past in the UK, including in the case against Agnes Taylor who was accused of participating in crimes of torture during the first Liberian Civil War.

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