Solomon Islands Must Reform Laws Providing Haven for Foreign Criminals

By Eileen Gould
Impunity Watch Reporter, Oceania

HONIARA, Solomon Islands – Amnesty International reported that the Solomon Islands must overhaul its laws in order to ensure that is not a safe haven for foreign criminals.

In the first paper of the No Safe Haven Series covering a Pacific country, Amnesty issued a report on the Solomon Islands, entitled “End Impunity Through Universal Jurisdiction”.

In this paper, the human rights organization assesses whether the Solomon Islands, as a member of the international community, has met its obligations to define crimes under international law within their national law.

The report also addresses the country’s ability to provide effective criminal and civil jurisdiction over those crimes and to cooperate with other nations in extradition processes.

Amnesty found that the Solomons’ national law lacks definitions of the most atrocious crimes, including war crimes, torture, crimes against humanity, extrajudicial killings or enforced disappearances.

Because of its failure to define those crimes, there is concern that the Solomon Islands is a “safe haven” from prosecution in its courts for foreigners who are responsible for heinous crimes committed abroad against other foreigners.

The report also notes that the nation is a safe haven for foreigners, who have committed crimes such as genocide, war crimes, torture, and extrajudicial executions abroad, from extradition to any country.  These individuals cannot be arrested and turned over to the International Criminal Court or any other international criminal court.

The Solomon Islands also lacks legislation which would allow the government to exercise universal civil jurisdiction, and therefore, victims of crimes under international law are not able to receive full reparation.  This is yet another indication of the nation’s failure to carry out its obligations to the international community.

Amnesty International will provide this report to the Solomon Islands Law Reform Commission, in hopes that the nation will consider its recommendations and fulfill its obligations under international law to fight against impunity.

For more information please see:

Radio New Zealand – Solomons advised to rewrite laws to avoid being haven for foreign criminals – 08 December 2009

Voxy – Solomon Islands: Time to End Safe Haven for Crimes Under International Law – 08 December 2009

Amnesty International – Solomon Islands: End Impunity Through Universal Jurisdiction (No Safe Haven Series No. 6) – 07 December 2009

Author: Impunity Watch Archive