WAR CRIME ONLY FOR DEFENCE LESS

War crimes: UK won’t go before ICC despite being signatory to Rome Statute

January 19, 2014, 10:12 pm 

By Shamindra Ferdinando

The UK has declined to accept the jurisdiction of the International Criminal Court (ICC) despite being a signatory to the Rome Statue. The UK ratified the ICC Rome Statue on Oct 4, 2001, even though the US shunned the ICC.

UK Defence Ministry spokesperson emphasised that there was absolutely no need for ICC intervention as these allegations were either under thorough investigation or had been dealt with through various means including through the Iraq Historic Allegations Team, independent public inquiries, the UK and European Courts and in Parliament.

The official was responding to a query by The Island as regards a prominent British law firm, Public Interest Lawyers (PIL) and the European Centre for Constitutional and Human Rights (ECCHR) moving the ICC in The Hague. The PIL and the ECCHR based in the UK and Germany, respectively, submitted a 250-page dossier titled, The Responsibility of UK Officials for War Crimes Involving Systematic Detainee Abuse in Iraq from 2003-2008 to the ICC calling for its intervention.The UK spokesperson said: "Further action through the ICC is unnecessary when the issues and allegations are already known to the UK Government, action is in hand and the UK courts have already issued judgments. Should we be approached by the ICC, we will take the opportunity to explain the very extensive work underway to deal with historic allegations of abuse."

Commenting on systematic abuses as alleged by the PIL and the ECCHR, the spokesperson said: "We reject the suggestion that the UK’s Armed Forces - who operate in line with domestic and international law – have systematically tortured detainees. But of course the UK Government regrets the small number of cases where abuses have taken place. Wherever allegations have been substantiated, we have compensated victims and their families."

RT news agency quoted Andreas Schueller, legal adviser at the European Center for Constitutional and Human Rights as having said that the ICC should step in due to the inordinate delay in prosecuting those responsible for atrocities committed in Iraq. The US and UK led the invasion of Iraq in March 2003 under false pretext of going after weapons of mass destruction possessed by the then Iraqi regime. It was later revealed that those allegations were mere fabrications.

Schueller pointed out that as the UK had ratified the Rome Statute it was under the same obligations as other states, including the need to cooperate with the ICC. "They still have a chance to prosecute people themselves in their country but if they don’t do so, they have to cooperate with the ICC."

The UK Premier David Cameron has set March 2014 deadline for Sri Lanka to address accountability issues or face the consequences at the UNHRC