Reply to Our Open Letter on Universal Jurisdiction

December 31st, 2010 • Action, Awareness, News
Tags: alok sharma, amnesty international, human rights watch, justice, ken clarke, MP, open letter, parliament, reading, rob wilson, uk, universal jurisdiction, vote

The Police Reform and Social Responsibility Bill was debated recently in the Commons. Within the bill is Clause 151: “Arrest warrants : Restriction on issue of arrest warrants in private prosecutions”, which gives the Director of Public Prosecutions (DPP) a veto over whether or not an arrest warrant can be issued for war crime suspects.

As part of our effort to defeat this change, we sent an open letter from Members of Reading PSC to Rob Wilson (Con), Member of Parliament for Reading East.

This is the reply from Rob Wilson, sent 23 December 2010:

Thank you for contacting me about universal jurisdiction.

I believe it is vital for Israeli Government Ministers for example to be able to travel to foreign capitals. A country such as the UK needs to be able to tell Israelis that their actions are not acceptable, and this would not be possible if their travelling to western capitals was prohibited. I do not think it is advisable to further reinforce a bunker mentality within Israel.

As you know, the United Kingdom has asserted universal jurisdiction over war crimes under the Geneva Conventions Act, and over a few other offences of exceptional gravity, because of our international obligations and our commitment to ensuring that there is no impunity for those accused of such crimes. This commitment is unwavering.

It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution, otherwise there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy. It is unsatisfactory that, as things stand, an arrest warrant for these grave offences can be issued on the application of a private prosecutor on the basis of evidence that would be insufficient to sustain a prosecution.

Currently, anyone can apply to the courts for an arrest warrant. That is a right that the Government wants to protect. However, because the evidence necessary to issue an arrest warrant may be far less than would be needed for a prosecution, the system is open to possible abuse by people trying to obtain arrest warrants for grave crimes on the basis of flimsy evidence to make a political statement or to cause embarrassment.

The Government’s has, after careful consideration, decided that it would be appropriate to require the consent of the Director of Public Prosecutions before an universal jurisdiction arrest warrant can be issued to a private prosecutor. The Police Reform and Social Responsibility Bill includes provisions to introduce this change. As such, I will not be signing EDM 108.

However, let me reiterate that this will interfere as little as possible with the existing rights of private prosecutors, and will not prevent them from initiating prosecutions for these offences where the evidence justified that course.

Thank you again for taking the time to contact me.

ROB WILSON MP
Member of Parliament for Reading East

• Our original letter can be read here…
• Watch coverage of the commons debate here…

“WHAT CAN I DO?”

It is important that you send a message to YOUR MP asking them to vote against the proposed changes. PSC have set up an easy to use e-tool to allow you to send a model letter to your MP: click here…

Background Information

• PSC Briefing: No Change to Universal Jurisdiction
• UK Government announcement, 22/7/10: New rules on universal jurisdiction
• Amnesty International UK, 1/12/10: War crimes arrests: New measures show UK is ‘soft’ on war crimes and torture
• The Guardian, 1/12/10: Amnesty International say police bill will let war criminals go free
• Human Rights Watch, 27/1/10: Briefing to Parliamentarians by the UK Universal Jurisdiction Group
• HRW, 10/01: The Case For Universal Jurisdiction

Universal Jurisdiction Debate Update

December 14th, 2010 • News
Tags: debate, Kaufman, MP, parliament, Police Reform Bill, universal jurisdiction

POLICE REFORM BILL PASSED SECOND READING: 320–230

The vote went in favour of the bill, 320–230, and will now pass to the committee stage. Summary of Reading and surrounding Berkshire MPs:

• Reading West, Alok Sharma (Con) – AYE
• Reading East, Rob Wilson (Con) – ABSENT
• Bracknell, Dr Phillip Lee (Con) – AYE
• Maidenhead, Theresa May (Con) – AYE
• Newbury, Richard Benyon (Con) – ABSENT
• Slough, Fiona Mactaggart (Lab) – NOE
• Windsor, Adam Afriyie (Con) – AYE
• Wokingham, John Redwood (Con) – AYE

As you can see, only Slough Labour MP, Fiona Mactaggart, opposed the Bill. See how your MP voted in these plain text lists of AYES & NOES.

Watch all parts (42mins) of the debate mentioning Universal Jurisdiction:

Clips above follow JFJFP’s transcript

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Excerpts: Sir Gerald Kaufman (Manchester, Gorton) & Ann Clwyd (Cynon Valley):

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Clips via BBC Democracy Live

JFJFP has the edited transcript mentioning UJ here… (full text)

Meanwhile, the Prime Minister was around the corner at the Conservative Friends of Israel annual business lunch. Lauding Israel as a “modern, dynamic, enterprise economy” and that his and the Conservative Party’s friendship with Israel “thrived in opposition [and] will be strengthened in government.” – he closed with… “You have a Prime Minister whose belief in Israel is indestructible.”

OPEN LETTER: Universal Jurisdiction

December 9th, 2010 • Action, Awareness, News
Tags: alok sharma, amnesty international, human rights watch, justice, ken clarke, MP, open letter, parliament, reading, rob wilson, uk, universal jurisdiction, vote

UPDATE #1 – Monday 13/12/10

The police reform bill debate started at 6pm, watch live on BBC’s Democracy Live or BBC Parliament on Freeview 81, Freesat 201, Sky 504, Virgin 612.

Also, a letter was published in The Guardian today: “Grave dangers in police reform bill” – signed by Baroness Jenny Tonge, Jeremy Corbin MP, Michael Mansfield QC, Betty Hunter, Hugh Lanning, Gerald Kaufman MP and many others.

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On Monday 13th December the Police Reform and Social Responsibility Bill will be debated in the Commons. Within the bill is Clause 151: “Arrest warrants : Restriction on issue of arrest warrants in private prosecutions”, which gives the Director of Public Prosecutions (DPP) a veto over whether or not an arrest warrant can be issued for war crime suspects.

As part of our effort to defeat this change, we have sent an open letter from Members of Reading PSC to Rob Wilson (Con), Member of Parliament for Reading East. The open letter appears below:

Dear Rob,

You are receiving this open letter on behalf of the members of the Reading branch of the Palestine Solidarity Campaign (PSC). We are sure you are aware of our organisation as you have met several of our members in the past to discuss our concerns about the treatment of Palestinians at the hands of the State of Israel.

Our organisation represents a wide spread of people in both Reading East and West. We are men and women. We are young and old. We are people of faith and no faith. We are the people of Reading.

We spend our time trying to raise awareness of the issues surrounding the catastrophe that has befallen the Palestinians, not because we enjoy it, but because we feel compelled by our conscience and simple human understanding and empathy to do so.

We understand that you are planning to support changes to the current Universal Jurisdiction laws in the UK. As we are sure you are aware, the current position is that a private individual may apply to a magistrate for an arrest warrant if a war crimes suspect is visiting the country or a visit is anticipated.

The issue of an arrest warrant for a war crime is decided only by specialist and legally qualified magistrates. In any case, the consent of the Attorney General is currently required for any prosecution to go ahead, but, in the absence of consent, a warrant may be issued if the magistrate considers that:

1. there are reasonable grounds to suspect that an offence under such legislation has been committed;
2. admissible evidence has been presented which (if uncontradicted) establishes the elements of the offence alleged;
3. s/he has jurisdiction to issue the warrant and has ruled out the immunity of the suspect.

Any belief, therefore, that arrest warrants have ever been – or can still be – issued with little or no evidence to support a legitimate prosecution is a fundamental misconception of the existing law. If you think otherwise, we invite you to cite a single case in which an arrest warrant has been issued under Universal Jurisdiction law which could reasonably be considered an abuse of the existing system.

In the case of visiting Israeli ministers or leaders, the Goldstone Report, accepted by the UN, concluded that war crimes had been committed in Gaza by Israel during Operation Cast Lead in December 2008 – January 2009. It is not surprising, therefore, that a senior magistrate found there was enough evidence to warrant the arrest of former Israeli Foreign Minister Tzipi Livni had she visited the UK.

The argument that we must allow elected ministers to visit the UK and be immune from our laws in order to engage them diplomatic talks is misleading. There is nothing, for instance, to stop British ministers from visiting the home countries of suspected war criminals where they are immune from prosecution. Additionally, the serving Prime Minister, Foreign Minister and Minister of Defence of any sovereign country can visit the UK under the principle of sovereign immunity.

Any attempt to involve the Attorney General in the decision to issue the arrest warrant would be a regressive step in many ways. You must surely agree that the independence of the judiciary in the UK from political interference is critical. In fact, your voting record, Rob, proves this. In the past you voted against giving Ministers the right to intervene in inquests. But you apparently now think that the Attorney General – not exactly a wholly independent branch of Government – should have the right to intervene in cases brought by private individuals against people reasonably suspected of war crimes. How do you explain or justify this stance given that there is no case that you can cite where an arrest warrant was issued under the principle of Universal Jurisdiction which was not a valid use of the legal process?

Having to wait for an Attorney General decision on issuing an arrest warrant will simply allow suspected war criminals time to flee the country as well as the possibility of political interference in the rule of law.

Our views are not outlandish. They are supported by many other respected Human Rights organisations such as Amnesty International, Human Rights Watch, International Federation for Human Rights, Global Witness, Justice and REDRESS who issued a joint statement saying they were:

“… gravely concerned that any changes to existing law and procedure will undermine the capacity of victims of serious international crimes to hold accountable alleged perpetrators who come within the UK’s jurisdiction by making all arrest decisions in such cases subject to political considerations rather than being based on the legal merits. Suspects may therefore find a safe haven in the UK, and the already considerable barriers to bringing such suspects to justice will be heightened.

Instead of making it more difficult to arrest with a view to prosecuting such suspects, the UK should be seeking to enhance its capacity to do so, and mooted legislative changes are a step entirely in the wrong direction.”

The Conservative party itself advocates the Big Society, a society where power is removed from a central political entity, and given to local people and communities. It seems it is fine for the general public to on the one hand ‘share the pain’ of budget cuts, but on the other they can not be trusted to share the responsibility of holding war criminals to account. A responsibility which you apparently wish to now restrict to a small but elite minority in Government.

In the the past the point has been made to us by you, Rob, to different members of our organisation, at different times, that not enough ‘pressure’ is being applied on parliament on the issues that we discuss with you. Please consider this letter as pressure. Please also consider the fact that the major Human Rights related organisations in the UK do not support any change to Universal Jurisdiction as pressure – and we know that they are undertaking to lobby MPs across the political spectrum. Consider the fact that no one has yet produced any example of a case where the existing Universal Jurisdiction law can be said to have been abused as further pressure upon your judgement.

We implore you to oppose any change to the law on Universal Jurisdiction on behalf of the people of Reading. We believe this is an issue that fundamentally alters the moral integrity of our country, and could well call your personal integrity into question should you support the changes.

Kind Regards,
Reading PSC
info@readingpsc.org.uk
http://readingpsc.org.uk
Sent via email @ 3.40pm Thursday December 9th, 2010

• All replies to this letter will be posted on the Reading PSC website.
• The Open Letter will also be sent to Alok Sharma, Member of Parliament for Reading West.

“WHAT CAN I DO?”

It is important that you send a message to YOUR MP asking them to vote against the proposed changes. PSC have set up an easy to use e-tool to allow you to send a model letter to your MP: click here…

Background Information

• PSC Briefing: No Change to Universal Jurisdiction
• UK Government announcement, 22/7/10: New rules on universal jurisdiction
• Amnesty International UK, 1/12/10: War crimes arrests: New measures show UK is ‘soft’ on war crimes and torture
• The Guardian, 1/12/10: Amnesty International say police bill will let war criminals go free
• Human Rights Watch, 27/1/10: Briefing to Parliamentarians by the UK Universal Jurisdiction Group
• HRW, 10/01: The Case For Universal Jurisdiction

Israeli Knesset Members Visit House of Commons

July 29th, 2010 • Awareness, Events, News
Tags: Dr Jamal Zahalka, House of Commons, Israeli, Knesset, memo, Miss Haneen Zoubi, MP, parliament, Talab Al-Sana, uk

Yesterday, MEMO organised a visit to the House of Commons by Arab members of the Israeli Knesset, Haneen Zoubi, Dr Jamal Zahalka & Talab Al-Sana.

Here’s a report from the event by artist and activist, Eleanor Kilroy:

Notes on MEMO Public Seminar with Palestinian members of the Israeli Knesset – House of Commons, UK, Wednesday 28 July 2010

MEMO Event

“There is democracy for the Jews, and Jewishness for the Arabs,” says one of the speakers through smiles. I imagine few of us thought the Arab Knesset members would make us laugh, but humour is a strategy they use to brilliant effect, when conveying and arguing against the absurdly criminal, and criminally absurd, laws of the Israeli State. Referencing The Citizenship Law, ‘an Israeli invention’ that has to date destroyed 25,000 Palestinian families, the Chairman of Balad, Jamal Zahalka envisages a romantic encounter between a Palestinian couple: they begin their date with the question of how they can get together and change the demographic balance of Israel: Palestinian love, he reminds us, is a conspiracy against the state.In concluding his talk, Zahalka passes on to us the nature of Israeli democracy as defended to him by the Knesset Speaker Reuven Rivlin: you can debate, there is the first reading, the second reading of a bill, and so on, and only then is a law passed. The Knesset passed a law that says that any land confiscated by the Israeli State over 25 years ago cannot be reclaimed, even if it has not been built upon. Given that most Palestinian land (75 % between 1948 and 2010) was confiscated before the 1980s this law is of little use to Palestinians, so Zahalka suggests a trade: “You take my land and give me democracy; instead I propose that I take the land and you can have back your democracy.” Zahalka is also willing to forego the dubious compliment of being the proud Arab, a ‘folkloristic identity’, and a good citizen – for Palestinians being a good citizen of Israel means giving up your rights: there is no normal citizen in Israel: Just ‘citizen plus’ (a Jew) or ‘citizen minus’ ( a non-Jew).

Haneen Zoabi commands so much respect and love that several of us are compelled to stand when the chair, MP Jeremy Corbyn, introduces her. Zoabi’s words are a constant affirmation of her existence because she knows that, as a Palestinian, for Israel she has no identity, no history, no right of recognition: ‘We are phantoms, denied Israeli justice, not allowed to mention the word Nakba…. Don’t call me Muslim: I am a Palestinian… I am the indigenous people, and when I say I want equality I make a huge historical compromise. Yet in the minds of Israelis I am a strategic threat when I ask for democracy. I represent universal values, but in Israel they disqualify us from elections: “Look they are asking for democracy”… Israel is now more willing than ever to sacrifice its democratic image – it is easier and more beneficial for the State than to keep its Palestinian citizens free of democratic activity…. The law for all citizens to swear loyalty to a Jewish state is an obsession and by introducing its centrality to the State’s project, the present government hopes to blackmail the world with the notion of a ‘Jewish State’ before it is too late and the world wakes up to what that really means…. The Zionist project is to domesticate the Palestinians. Within Israel, I am not a Palestinian, and I am not an Israeli, but I must swear loyalty to a state that doesn’t recognise me.’

Zoabi underlined the role of the education system in Israel that erases her identity and history: ‘It is not surprising that in the Knesset I meet with hostility because as Israeli children these MKs didn’t learn about Palestinians… even if they could just teach them: “there were Palestinians, but they ran away from their homes [in 1947/8]”, that would be something’. The final speaker, Talab al-Sana, references research carried out by a professor at Haifa University on books for Israeli children; he found that in over 50% of the books included in the study, Arabs were presented in a negative light: as thieves, as armed thugs, even to the extent that if they ride a donkey, the beast is deformed, and if they have a dog, the dog is blind! The purpose, he emphasises, is to distort the image of Arabs in the eyes of this child so that when the child meets her/his first Arab, if the latter is well-dressed, they will say, ‘Oh you are a good Arab, not like the others.’ Children, al-Sana adds, are victims of brainwashing by the Zionist establishment.

We listen to Al-Sana through an interpreter, Daud Abdullah of Middle East Monitor. Al-Sana began his career as a lawyer, but frustrated with laws that allow for the demolition of people’s homes and the stealing of their land, he decided to enter politics in the hope of challenging these ‘democratic’ means of dispossession at their inception. Recently, he reminds the audience, a law was passed against commemorating the Nakba: ‘Whoever displays sadness or grief will be punished; we should go and visit our depopulated and ethnically cleansed village and show joy! There is no country which prosecutes emotions except Israel.’ Recently al-Sana asked in the Knesset if they would create a police force responsible for monitoring people’s feelings.

There are already 22 laws which legally discriminate against Palestinian citizens of Israel. Zoabi insists that every state that supports Israel supports undemocratic polices of racism, oppression and occupation. An examination and analysis of Israel’s treatment of its citizens throws into stark relief the myth of Israeli democracy: the US says it supports Israel because it is a ‘democracy’ and a ‘victim’, but the racism of the State is systematic – it is not just a policy, it is an ideology, and a part of the Zionist attitude to others.

Haneen Zoabi is asked if she will take part in the next Freedom Flotilla to attempt to break the siege on Gaza and her candid response is that she feels she must participate: ‘To send a message that this is my right’.

– Elly

Elly is working with Reading PSC on our BDS activities focusing on artists planning on performing in Israel.

Haneen Zoubi was a Freedom Flotilla participant and first female Arab elected to the Knesset, watch this France24 report on the reaction within the Knesset to her description of the flotilla raid as ‘piracy’.

Al Jazeera’s Riz Khan interviewed Haneen Zoubi a few weeks ago:

UK readers can watch BBC HARDtalks’s interview with Haneen Zoubi on the iPlayer – non-UK on Youtube.

EU Parliament Adopt Goldstone Report 355:227

March 10th, 2010 • News
Tags: EU, gaza, goldstone report, parliament

“Implementation of Goldstone recommendations on Israel/Palestine”
Motions for resolutions [PDF] under 2010/2557(RSP): B7-0135/2010, RC-B7-0136/2010, B7-0136/2010, B7-0138/2010, B7-0140/2010, B7-0145/2010, B7-0146/2010*

* – these are links to the resolutions & paragraphs the EU VP Edward McMillan-Scott is referring to in the video above.

Only one resolution (B7-0135/2010) was rejected. Here’s the EU Parliament press release:

Gaza conflict: implementing the Goldstone recommendations…

• All parties should respect human rights
• Independent and impartial investigations within the next five months
• Implementing and monitoring the Goldstone recommendations
• No restriction of NGO activities

Finally, Parliament welcomes the Council’s 8 December 2009 call for “an immediate, sustained and unconditional opening of crossings” along the Gaza-Israel frontier as the blockade has further worsened the humanitarian crisis in the Gaza Strip.

The resolution was approved with 335 votes in favour, 287 against and 43 abstentions.

ALERT! Watch EU debate on Goldstone Report: 11amGMT Wed Mar 10

March 9th, 2010 • Awareness, News
Tags: cast lead, debate, EU, gaza, goldstone report, parliament

If you missed it, watch the archived video here…

Watch LIVE Online here… Tune in at 11am GMT Wednesday March 10, 2010

AGENDA – Document approved by the Conference of Presidents – Sittings of 10/03/2010 – Session Strasbourg

MRs – Implementation of Goldstone recommendations on Israel/Palestine Debate

Ha’aretz: Jewish lobbying sways EU against support of Goldstone Gaza report

Members of the European Parliament have backtracked from their plan to pass a resolution demanding implementation of the Goldstone report, in response to pressure from European Jewish leaders, Haaretz has learned.

After leaders of all the major EP parties had agreed on the wording of a draft demanding implementation of the controversial document – which accused Israel of war crimes in Gaza last year and proposed prosecuting Israeli officials in the International Criminal Court – the European Union’s legislative body was scheduled to vote on the measure Wednesday.

UK Green Party MEP Jean Lambert’s statement:

“I will endorse a European Parliament resolution which supports Israel being held to account; an end to the siege and an opening of crossings for civilian reconstruction; for steps to include Hamas in peace talks, removing them from the terrorist list as a constructive step and to help Hamas act in a way that assists the implementation of human rights, democracy and the rule of law in Palestinian territory; and which supports NGOs and civil society to uphold human rights and call those in authority to account. I have been a longstanding advocate of a lasting peaceful and just resolution, which respects democracy and human rights. Along with Green colleagues, I will continue to press for progress in line with these principles.”

URGENT: Britain must not become a safe haven for war criminals

January 19th, 2010 • Action, News
Tags: early day motion, law, MP, parliament, uk, war criminals

The British government have announced they wish to change the law to avoid future attempts to prosecute suspected war criminals. It is reported that they may come forward with proposals this week.

Please act NOW!

1. Email Gordon Brown and the Foreign Office, telling them not to change the law…

• Read the open letter to Gordon Brown, organised by the Palestine Solidarity Campaign and published in the Guardian on Saturday…
• Amnesty’s briefing & email facility…

2. Email your MP & ask them to sign Early Day Motion 502 on Universal Jurisdiction… – see if they have already signed –  if they have, please email to thank them.

Both Reading East & West MPs have failed to sign the EDM, please contact them:

Reading East: Rob Wilson MP (Con) / robwilsonmp@parliament.uk / 0118 375 9785 & 0118 375 8343 & 020 7219 2498 & 020 7219 6519

Reading West: Martin Salter (Lab) / salterm@parliament.uk / 0118 954 6782 & 020 7219 2416

Surrounding constituencies – none of them have signed:

Aldershot: Gerald Howarth (C) / geraldhowarth@parliament.uk /  020 7219 5650

Bracknell: Andrew Mackay (C) / bracknellca@tory.org & mackaya@parliament.uk / 01344 868286 & 020 7219 2989

Wokingham: John Redwood (C) / redwoodj@parliament.uk  / 020 7219 4205 & 0118 962 9501

Henley: John Howell (C) / howelljm@parliament.uk / 020 7219 4828 & 020 7219 6676 & 01491 613072

Maidenhead: Theresa May (C) / mayt@parliament.uk / 0118 9345433 or 01628 604961 & 020 7219 5206

Newbury: Richard Benyon (C) / mp@richardbenyon.com / 0207 219 8319 & 01635 551070

North West Hampshire: Sir George Young (C) / sirgeorge@sirgeorgeyoung.org.uk / SMS: 07624 806278 / Camilla: 0207 2196665 & Lucinda: 01264 401401

(Thanks to Reading PSC’s JP for the list)