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British government attempt to change the law
Natalie Hanman--July 22, 2010--http://www.guardian.co.uk/law/2010/jul/22/dpp-veto-arrest-warrants-war-crime
The move is an attempt to make it harder for arrests under the law of `universal jurisdiction` and comes after a series of high-profile cases in which Israeli politicians faced arrest in the UK.

An attempt by British lawyers to obtain an arrest warrant for Tzipi Livni, the former Israeli foreign minister and now opposition leader, from a London magistrates court late last year prompted the then government to try to change the legal process by requiring the approval of the attorney general. The move provoked outrage from lawyers.

The proposed changes outlined today by the justice secretary, Kenneth Clarke, instead give the DPP a veto power over arrest warrants. This move has been criticised as risking making Britain `a more attractive destination` for suspects of serious human rights violations.

At present, the UK has universal jurisdiction over certain offences, including war crimes under the Geneva Conventions Act 1957, torture and hostage-taking. This means a suspect can be prosecuted regardless of where the crime was committed, or the nationality of the perpetrator or victim. The government says it wants to protect the right for anyone to apply to the courts for such an arrest warrant but argues that the current system is open to abuse.

Clarke said: `Our commitment to our international obligations and to ensuring that there is no impunity for those accused of crimes of universal jurisdiction 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.`

However, Daniel Machover, a partner at Hickman and Rose solicitors, said that while the proposed changes were preferable to abolishing private prosecutions in international criminal cases, they were motivated by political, rather than legal, concerns.

`The Tzipi Livni case is the driver. It`s purely because of political pressure from Israel,` he said.

`There is not a single example of the current system in Britain failing to filter out cases that are an abuse of process. There is simply no need to give the DPP a veto power.

`This proposed reform will send out entirely the wrong message to suspects, making Britain a more attractive destination for such persons – Britain must not become and be seen to have become a `safe haven` for persons suspected of the most heinous international crimes.`

The Jewish Leadership Council said it looked forward to specific legislation to deliver the proposed changes.

`We welcome this significant step towards the correction of a legal anomaly that has been exploited for the purpose of specific political agendas,` said the JLC chairman and board of deputies president, Vivian Wineman.

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