Leading international law experts have urged the government of the United Kingdom to reinforce its commitment to international legal mechanisms for preventing and responding to atrocity crimes. During the second oral hearing of the Standing Group on Atrocity Crimes , held at the UK Houses of Parliament, the role of international law in preventing and responding to atrocity crimes was examined.
Hosted by the All-Party Parliamentary Group (APPG) on International Law, Justice and Accountability and supported by the International Bar Association's Human Rights Institute (IBAHRI), the hearing formed part of the Standing Group's independent review of the UK's approach to atrocity prevention and response.
Baroness Helena Kennedy LT KC, IBAHRI Director and Co-Chair of the Standing Group's second hearing, commented: 'There is a great need, in this current climate of uncertainty and instability, to fortify the international legal framework and respond to the most heinous of crimes that we regularly witness. States must actively support the legal mechanisms and international tribunals that are in place to ensure that we can not only effectively respond to ongoing atrocities but work to prevent similar occurrences in the future.'
The hearing was co-chaired by Baroness Kennedy alongside Lord David Alton of Liverpool. Speakers included:
- Judge Theodor Meron, former President of the International Criminal Tribunal for the former Yugoslavia (ICTY) and of the International Residual Mechanism for Criminal Tribunals;
- Professor Claus Kress, Chair for German and International Criminal Law and Director of the Institute of International Peace and Security Law at the University of Cologne;
- Dr Kate Ferguson, Co-Executive Director and Head of Policy and Research at Protection Approaches; and
- Professor William Schabas, Professor of International Law at Middlesex University and Professor of Human Rights Law and International Criminal Law at Leiden University.
Key legal challenges identified
Judge Meron identified three interconnected challenges confronting international criminal justice, namely: sanctions, selectivity and scarcity of resources. He warned that these obstacles undermine effective international governance but emphasised that strengthening international criminal law remains achievable if states demonstrate the will to invest financially and politically.
Professor Kress stated that international law can no longer be assumed to provide effective protection in the face of growing resistance to international norms and standards occurring around the world. He noted the importance of recognising the crime of aggression as equal in gravity to genocide, crimes against humanity and other war crimes and urged the UK government to support international efforts to strengthen accountability for the crime of aggression.
Dr Ferguson highlighted lessons from the UK's response to atrocity crimes in Myanmar, arguing that similar strategic approaches should be applied more consistently to atrocity crime prevention in other conflicts. She stressed the importance of developing a more coherent Foreign Office strategy to improve the UK's capacity to prevent future atrocities.
Professor Schabas emphasised that the legal duty to prevent genocide rests with governments and cannot be avoided by relying on, or waiting for, judicial determinations. He also expressed optimism that negotiations towards a convention on crimes against humanity will ultimately succeed.
Upholding the rules-based international order
Dr Ewelina Ochab, IBAHRI Senior Programme Lawyer and co-convenor of the Standing Group, remarked: 'As all experts agreed, for the international rules-based order to survive, we must ensure the protection and implementation of international law everywhere at all times. There can be no space for selectivity, as selectivity undermines the international law project that was meant to protect individuals and whole communities globally.'
The Standing Group will continue taking evidence as part of its independent review before publishing recommendations on strengthening the UK's approach to atrocity prevention and accountability.
