UN asks UK Parl to reject bill giving impunity for war crime, says 'no excuse for torture'

UN human rights experts called on the British Parliament to reject a government bill which is currently being considered by a Public Bill Committee in the House of Commons after second reading. The experts said that Overseas Operations (Service Personnel and Veterans) Bill would give British soldiers advance immunity for war crimes and crimes against humanity.

The 10 experts include Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Fionnuala Ní Aoláin, Special Rapporteur on the promotion and protection of human rights while countering terrorism; and Fabián Salvioli, Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non-recurrence, among others.

They highlighted that the bill violates the UK’s obligations under international humanitarian law, human rights law and international criminal law, and protects British soldiers serving abroad from charges for serious international crimes, including unlawful killing and torture. The rights experts said in a statement that there can be no excuse for unlawful killings or torture.

“The universal prohibition against torture is absolute and non-derogable – it is considered so important that it cannot be limited or suspended under any circumstances. Governments cannot lawfully grant impunity or otherwise decline to investigate and prosecute such crimes,” the statement read.

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'Particularly alarming'

They find the bill “particularly alarming” because a parliamentary report had found evidence that British Defence personnel had been involved in enforced disappearances, torture and ill-treatment of suspects as part of the US detention and rendition programme. The report further highlighted that the military had been intentionally negligent in investigating complaints of torture and ill-treatment during overseas deployments.

“It is of utmost concern that the UK Government is denying the rights to truth, justice and reparations to victims of serious offenses and their families, based on an arbitrary presumption that legal claims against British soldiers are vexatious and fallacious,” they said.

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