Update regarding Tzipi Livni and Universal Jurisdiction

INFORMATION ON UNIVERSAL JURISDICTION LAW AND ISRAEL

 As your representative for the Board of Deputies of British Jews, which has responsibility for defending and representing the rights of  British Jewry, I thought you may like to know about the work we are doing on trying to influence the Government to amend the Law on Universal Jurisdiction.

BACKGROUND

The background to this piece of legislation is that in the UK, we have legislated to give our courts jurisdiction to prosecute all suspected war criminals and torturers,even where neither the victim nor the suspect has any connection with Britain. This is because in common with all state parties we have entered into binding legal obligations (i.e 1949 Geneva Conventions and in the 1984 U.N. Convention against torture and other cruel ,inhuman or degrading treatment or punishment etc). Under the present law there is no exception whatsoever to the U.K's legal obligation to bring suspects, regardless of nationality, before its own courts on the grounds of national interest or potential upsetting of diplomatic relations.

Anyone can go to a lawyer to apply for an arrest warrant if there are reasonable grounds to suspect that an offence under such legislation has been committed by the named suspect and admissible evidence has been presented which (if uncontradicted) establishes the elements of the alleged offence and he/she has jurisdiction to issue the warrant and has ruled out any immunity of the suspect.

THE ISSUES AFFECTING ISRAEL 

The loophole in the current legislation is that it ignores diplomatic immunity and therefore any visiting Israeli politician or member of the Israeli armed forces who were involved in the recent Gaza War  are vulnerable to arrest.There are Palestinian lawyers in this country poised to visit Westminster Magistrates Court and can have a warrant issued against anyone who is a suspect. In the past warrants have been taken out against former Israeli Army officers who wanted to visit the UK for Jewish events and more famously the leader of the Kadima Party in Israel, Tzipi Livni. The Jewish Community in this country must put pressure on the U.K. Government to amend this heinous piece of legislation as it is essential that Israeli Leaders and leaders from other countries,should be able to visit and have a proper dialogue with the U.K. Government.  

As quoted by Ivan Lewis Foreign Office Minister of State when he addressed the Board last month and in correspondence to myself  "The U.K. cannot hope to advance it's principal goal of a just and lasting two-state solution to the Palestinian - Israeli conflict if it cannot host discussions ,with and between leaders from the key regional states". He also added that the Government are currently looking at what options are available to address this issue.

THE CURRENT SITUATION

The matter has been recenly discussed in Parliament where both the Labour Party and Conservatives have stated that they will amend the legislation. The question is when? The Liberal Democrats have publically stated that they are against any change in the law. The Board of Deputies started a campaign in January asking every Deputy to write to their M.P. stating the need to overturn the law. On behalf of you all I wrote to James Clappison, our local M.P. last month, who has been very supportive and sent a copy of my letter to the Foreign Office. I have had an encouraging reply from via James from Ivan Lewis. Members who would like a copy of the letter ferom Ivan Lewis can email me on spencerslondon@btinternet.com .The Board also has had meetings with the Prime Minister and Foreign Secretary who have pledged to amend the Law.

WHAT YOU CAN DO  

As Jews we have a responsibility to look after others, including our brothers and sisters in Israel ,who every day are fighting for the survival of the State against a World who is predominantly anti-semetic and anti -Zionist. You will recall the original reason for the Gaza War, was to stop the rocket attacks by Hamas on innocent Israeli citizens. Israel has the right to defend itself against all attacks and acts of terror. Please send a letter to James Clappison our local M.P. to voice your opposition to arrest warrants being issued against Israeli politicians and Israeli visitors to this country and that the law of Universal Jurisdiction should be amended. The more letters we send, the more the Government will realise the strength of feeling on this issue.

At present the main stumbling block seems to be the Justice Ministry headed by Jack Straw, who is between a rock and a hard place, due to his Constituency being predominantly Muslim. With an General Election in sight, I fear it may take some months to see changes made. But we must keep fighting.