By Greg Hall
Impunity Watch Reporter, Europe

LONDON, England – After World War II, the United Kingdom (UK) passed a law that would enable anyone, even private individuals, to apply for an arrest warrant.  The arrest warrant could be issued to anyone, whether or not the alleged crimes took place in the UK or not.  The warrant, if issued, would bring that person back to the UK to be prosecuted upon approval of the Attorney General. An amended version of the law, which took effect last Thursday, limits the rights of citizens to seek the arrests of foreign politicians accused of allegedly committing war crimes.

Problems arose with the original law because of the very low standard of proof needed for an arrest warrant to be issued. Such problems included the alleged wrongdoer being needlessly put under public scrutiny and individuals purposely making allegations to tarnish another’s reputation. Even the Pope was threatened.  An arrest warrant, which was later dropped, was even issued to such high profile officials as former Israeli foreign minister Tzipi Livni.

The new law is likely to ameliorate British-Israeli relations. After fears that Livni could have been arrested had she not cancelled a trip to the U.K. in 2009, Israel stopped sending delegations to Britain and demanded that Britain amend the law. Israel’s fear stemmed from pro-Palestinian activists seeking arrest warrants for Israeli officials.

The amended bill will still allow for arrest warrants to be issued in countries outside the UK as if the crimes took place in the UK under the banner of “universal jurisdiction.” However, before any arrest warrant is issued, the consent of the Director of Public Prosecutions will be required.  Ideally this will raise the level of scrutiny on allegations and raise the standard of evidence required for an arrest warrant to be issued.  The goal is to reduce the number of unmerited claims and maintain integrity in the criminal justice system.

“We are clear about our international obligations and these new changes to existing law will ensure the balance is struck between ensuring those who are accused of such heinous crimes do not escape justice and that universal jurisdiction cases are only proceeded with on the basis of solid evidence that is likely to lead to a successful prosecution,” said U.K. Justice Minister Kenneth Clarke.

The impetus behind the original version of the law was the notion that some crimes are too heinous to go unpunished.  The amended law seeks to maintain that intent and purpose but will also put an end to allegations that have no real chance of succeeding.

British Ambassador to Israel Matthew Gould emphasized that the UK remains committed to ensure those guilty of war crimes will be brought to justice.  He stated, “The Police Reform and Social Responsibility Act, which has now received Royal Assent, includes an important amendment to ensure that the UK’s justice system can no longer be abused for political reasons, the change will ensure that people cannot be detained when there is no realistic chance of prosecution, while ensuring that we continue to honour our international obligations.”

For more information, please see:

UK Human Rights Blog – War Crimes Arrest Warrant Law Changes – 15 September 2011

YNet News – UK Amends Law That Allows Arrest of Israeli Officials – 15 September 2011

Reuters – UK law on rights arrests ends row with Israel – 15 September 2011

The Guardian – British Court Issued Gaza Arrest Warrant for Former Israeli  Minister Tzipi Livini – 14 December 2009