Friday, 7 October 2011

New legislation fails to give Tzipi Livni protection from War Crimes arrest

Frank Barat writes on Middle East Monitor New legislation fails to give Tzipi Livni protection from arrest. The Director of Public Prosecution admits he has been blocked by the Foreign Secretary from issuing an arrest warrant. It is a sad day for British justice when politicians interfere with the due process of the law, especially our obligations under international law and the fact that an arrest warrant had previously been issued. 
In advance of Ms. Livni's current visit, a Palestinian civilian war crimes victim, represented by lawyers from the Palestinian Centre for Human Rights (PCHR) and Hickman & Rose Solicitors, invited the Director of Public Prosecutions (DPP) to authorise the arrest of Ms Livni to enable an urgent decision to be made by the Attorney General to charge her for war crimes. Alternatively, the victim requested the DPP's permission to apply to a judge for an arrest warrant for Ms. Livni

At lunchtime today, the DPP made a statement that he has been blocked from any arrest decision or giving his consent to an application for the issue of an arrest warrant - BUT NOT on the basis of a lack of evidence. The only reason given by the DPP is the retrospective grant of diplomatic immunity to Ms Livni by the British Foreign Secretary on the basis of a ‘Special Mission' (which is not accepted by the victim).

Ms Livni and the Foreign Secretary have claimed this week that the recent change in the British law on arrest warrants (requiring the consent of the DPP before a magistrate could issue a warrant) has spared Ms Livni from arrest. If that were true then no certificate was needed from the Foreign Secretary. Rather, it was the issue of a certificate of diplomatic immunity that allowed a war crimes suspect, Ms Livni, the subject of a previous arrest warrant, to escape due process. 

Mr Raji Sourani, Director of the Palestine Centre for Human Rights said:
"This decision is a clear abuse of process and of law. The U.K. Government has granted Tzipi Livni immunity despite clear evidence indicating her responsibility for the commission of international crimes, which should have been tested in court. With this illegitimate decision the UK sends the clear message to civilian victims of war crimes that international law is purely an academic exercise, and is not intended to protect them in practice. This decision must be challenged, in the name of universal justice, and victims' fundamental rights."
Read the full article here

See also British court issued Gaza arrest warrant for former Israeli minister Tzipi Livni