UK government proposes amendments to universal jurisdiction

The government of Britain has proposed an amendment to the arrangements for obtaining arrest warrants in respect of universal jurisdiction, British Foreign Secretary William Hague said.

The amendment, which has been presented to the British parliament on November 30 in the Police Reform and Social Responsibility Bill, proposes to obtain the consent of the Director of Public Prosecutions before an arrest warrant could be issued to a private prosecutor in respect of an offence of universal jurisdiction.

Under the present form the universal jurisdiction allows activists and private groups to obtain an arrest warrant on visiting foreign officials accused of alleged war crimes regardless of where the crime occurred.

The proposed amendment is aimed to prevent activists and groups abusing the law for political gains.

Commenting on the proposed amendment to the law, the British Foreign Secretary William Hague has however, emphasized that those guilty of war crimes must be brought to justice.

"UK is committed to upholding international justice and all of our international obligations. Our core principle remains that those guilty of war crimes must be brought to justice," he has said.

Hague has noted that the current arrangements for obtaining arrest warrants in respect of universal jurisdiction offences are an anomaly that allows the UK's systems to be abused for political reasons.

"The proposed change is designed to correct these and ensure that people are not detained when there is no realistic chance of prosecution. It is now important that the amendment is considered by Parliament in line with normal constitutional practice," Hague has clarified.

Pro-LTTE Tamil diaspora groups in UK are calling for President Rajapaksa's arrest under the universal jurisdiction for alleged war crimes committed during the final stages of the war last year.

Although the functioning heads of state have immunity to the Universal Jurisdiction from the state, a private person can obtain an arrest warrant against the visiting official. Under the presen
t law the pro-LTTE diaspora can do so just to embarrass the President and the Sri Lankan government even if prosecution is not possible.

Tzipi Livni, who was Israel's Foreign Minister during the 2009 military action in Gaza, cancelled a trip in December 2009 after a London court issued a warrant for her arrest under this law.

During his recent official visit to Israel Secretary Hague faced a severe problem when Israel postponed its annual "strategic talks" with UK on defence and security related matters in protest over the universal jurisdiction law.

In the wake of these developments the Cameron government has initiated measures to amend the law in the UK.