Sorting out the 'Livni law' chaos


By Miriam Shaviv
March 4, 2010
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So, who are you going to believe?

Depending on which national newspaper you read today, you will come out with a very different impression of what's going on with the universal jurisdiction law - the law which gives individuals in Britain the ability to secure arrest warrants for visiting foreign officials accused of war crimes, and which forced Israeli opposition leader Tzipi Livni to cancel a visit here a few months back.

From the Telegraph:

The Government is to announce plans to stop politically-motivated campaign groups using British courts to secure arrest warrants for visiting foreign officials.

Under the proposals, the Crown Prosecution Service will take over responsibility for prosecuting war crimes and other violations of international law.

It will end the current system in which magistrates are obliged to consider a case for an arrest warrant presented by any individual.

Writing for the The Daily Telegraph, Gordon Brown says he will set out proposals to put the CPS in sole charge of judging the merits of any case brought under international law.

Labour MPs have been told the changes will be set out to the Justice Select Committee today and the government will legislate after consultation.

Sound exciting, huh?

Then there's the Times:

Britain risks a showdown with Israel today when the Government signals it is in no hurry to ease the threat of arrest for visiting politicians and generals.

Ministers will announce a consultation on the principle of universal jurisdiction, under which private citizens can secure arrest warrants for offences such as war crimes committed abroad...  The issue caused embarrassment for the Government, which promised to remedy the matter quickly.Today’s announcement, however, means that the issue will not be resolved until well after the election, expected in May...

The delay is a victory for Jack Straw, the Justice Secretary, who has argued that the legal point at stake is too important to rush.

Rather more pessimistic. 

How do make sense of all of this? Put these two reports together and you have Gordon Brown coming up with a real solution - which will take a hell of a long time to sort out, and with elections coming up, might never happen. Typical Brown big announcement, then.

The JC this week explains why Brown's change might take so long (link to come later in the day):


The latest compromise now being discussed by the Ministry of Justice will allow the Justice Select Committee to scrutinise the proposed legislative change in advance. This would allay fears that taking away the power to grant arrest warrants from local magistrates would undermine judicial independence.

However, it is unlikely that the committee will have time to do the necessary work before the end of the parliamentary term.

In other words, delay tactics by Justice Minister Jack Straw, who has been the stumbling block all along.

But wait. There is perhaps a temporary solution at hand:


Meanwhile, Hendon MP Andrew Dismore, backed by fellow Labour MPs John Mann and Denis MacShane, has tabled a Private Member’s Bill, due to receive a second reading on Friday.

His bill would require the consent of the Attorney General before magistrates issue any arrest warrant for suspected war crimes.

Mr Dismore said: "While it might not provide a complete solution to the problem of universal jurisdiction, I believe that this reform would prevent the abuse of the law for political purposes by those intent on disrupting progress towards peace in the Middle East."

He added that his bill was "a long shot, but there’s no harm in trying. This is a sticking plaster, not a long-term solution and the prospects are pretty slim. If the bill runs out of time, I will bring it straight back at the next parliament. Whoever wins, I put them on notice."

With Tory support, it could, possibly, pass. And we all know that the temporary has a funny way of becoming permanent, so let's keep our fingers crossed.

COMMENTS

gold.sarah

4 March, 2010 - 13:33

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Of course over 120 MPs have signed an EDM opposing the change in the law of universal juristiction so with some luck the MPs will vote against this cynical attempt to change the law to protect Israeli war criminals and their apologists. And of course there is the massive national resistance to such a change and the realisation that Israel is in violation of international law and has committed war crimes.
Hopefully the UK will not change the law on universal juristiction - so let's keep our fingers crossed.


Jonathan Hoffman

4 March, 2010 - 20:51

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The Times Report is more accurate. This government has been the most hostile ever for Israel.

I endorse the Conservatives.

No Jew should vote for any other Party.

I urge all Jews to campaign for the Conservatives, starting now.


JonathanHoffman

4 March, 2010 - 22:13

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Since I am unable to post on my blog I will put this as a comment:

Today’s Times reports that Ministers will announce a consultation on “universal jurisdiction”. Effectively this means there will be no change in the law before the election which must be held by latest 6 May. Apart from Ministers, any Israeli who has served in the IDF risks arrest if they come to the UK.

This is just the latest in a long line of decisions hostile to Israel by this government:

- Failed to vote against Goldstone Report at UNHRC;

- Commenced arms embargo on Israel;

- Foreign Minister said Cast Lead ‘disproportionate’;

- The Charity Commission - led by a Labour Party activist - has failed to make War On Want and other Charities live up to their legal obligation to tell the truth about Israel;

- Promoted Ben Bradshaw to Cabinet after he said on Any Questions (January 23 2009) "I am afraid the BBC has to stand up to the Israeli authorities occasionally... Israel has a long reputation of bullying the BBC...";

- Decided to talk to Hezbolla;

- Initiated separate labelling for West Bank settlement goods in supermarkets.

I believe that the Conservatives would have voted against Goldstone at the UN and that they would have changed Universal Jurisdiction to prevent a private individual being able to obtain an arrest warrant for visitors from abroad. I believe that Labour’s dependence on the Muslim vote and drift to the Left will mean that if re-elected to government, their hostility to Israel will certainly not reduce, and might even intensify.

I therefore endorse the Conservatives in the election. I do not believe that supporters of Israel have any other choice but to vote for the Conservatives. This applies in all seats since - although there are some Labour and LibDem candidates who are individually less hostile to Israel - what matters (in what promises to be a close election) is to get the Conservatives in with a working majority.

I urge all supporters of Israel to work for a Conservative government.


moshetzarfati2

4 March, 2010 - 23:00

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The most ever hostile government to Israel? Surely you jest, Mr Hoffman. Have you forgotten Heath's government? David Mellor shouting at the Israeli officer in Gaza? Ian Gilmour? William Waldegrave? Lord Patten? All Tories. All government ministers and all anti-Israel.

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