War crime suspects may see UK immunity loophole closed

Afua Hirsch, legal affairs correspondent
The Guardian, Monday 6 July 2009
Article history

There has been a huge increase in action against suspected war criminals by the UK authorities, the Guardian has learned, as anti-genocide campaigners await an announcement on Tuesday on whether the government will act to end immunity for genocide suspects.
In the last six months, there has been a five-fold increase in cases screened for possible war crimes by the Border and Immigration Agency. Of the 1,006 cases, immigration action was recommended in 121 cases, with a further eight suspects referred to the police.
The news comes days after a report by the Aegis Trust anti-genocide group revealed that 18 suspected war criminals from countries including Sri Lanka, Iraq and Sierra Leone were living with impunity in the UK.
The individuals, most of whom have not been subject to any legal proceedings, include a Janjaweed militia member, accused of involvement in civilian attacks in the Darfur region of Sudan, and Chucky Taylor, son of the former Liberian president Charles Taylor, who is on trial for war crimes at a UN tribunal in The Hague.
"This jump in activity by the war crimes team is to be welcomed," said Nick Donovan, head of campaigns at the Aegis Trust. "But these figures also highlight the need to close legal loopholes which prevent the prosecution of war criminals here."
Campaigners argue that gaps in the law mean people suspected of genocide, crimes against humanity and war crimes cannot be prosecuted in the UK for acts which took place before 2001.
In addition, the requirement of "residence" for war crimes means that asylum seekers and other suspects who do not meet the legal definition of residence cannot be prosecuted.
Sally Ireland, of human rights group Justice, said: "People suspected of some of the worst crimes in history – including mass murder – are able to visit the UK and even live freely in our communities."
"The suspects are in limbo," said David Brown of the Aegis Trust. "The government has refused them asylum because they are suspected of war crimes or crimes against humanity and they don't qualify for refugee status as a result. But they also can't be removed because of the risk of torture or that they won't get a fair trial."
The House of Lords has proposed amendments to the coroners and justice bill to close the loopholes. The government's response is expected tomorrow.
"There is a real desire to deal with these genocide suspects," Brown said. "They are a headache for the government."

news:www.guardian.co.uk/world/2009/jul/06/war-crime-suspects-uk-law