NST Leader: No prosecution, we're British
London likes to boast to the world that Britain is a model rule of law nation. History rubbishes this claim very easily. But we needn’t dig that deep to show how Britain buries truth and justice. - File pic
LONDON likes to boast to the world that Britain is a model rule of law nation. History rubbishes this claim very easily. But we needn't dig that deep to show how Britain buries truth and justice.
Two modern day examples will do. One is a proposed law that bans all legal investigations into British military atrocities in the decades-old Northern Ireland conflict.
The second is the Overseas Operations (Service Personnel and Veterans) Act (2021 Act), which took effect in April.
Start with the law in the making. Prime Minister Boris Johnson's government is proposing an end-of-the-year legislation that will halt all prosecutions of British soldiers and militants involved in the conflict in Northern Ireland.
Often referred to as "the Troubles", the three-decade conflict was bitterly fought between Catholics and Protestants. If the law is passed as proposed, it will be a sweeping amnesty for British armed forces involved in some of the most brutal killings there. Everyone but Johnson's cabinet ministers is up in arms. And rightly so.
For one, Britain will be in "flagrant violation of its international obligation", say United Nations Special Rapporteurs Fabian Salvioli and Morris Tidball-Binz in a statement issued in Geneva.
The UN experts were of the view that the British government cannot "foreclose the pursuit of justice and accountability" thus as it will thwart "victims' rights to truth and to an effective remedy for the harm suffered".
Johnson's government, in its blind pursuit of British impunity at home and abroad, thinks criminal justice impedes the search for truth, information recovery and reconciliation. As Salvioli and Tidball-Binz point out, such justification "conflates reconciliation with impunity".
We agree. The search for truth and reconciliation must go hand-in-hand with the criminal justice process. Britain cannot pick and choose its way out of justice.
Perhaps British Bar Council member and Secretary of State for Northern Ireland Brandon Lewis, who introduced the proposal in Parliament, needs to be reminded of an old English legal principle: Justice must not only be done, but must be seen to be done.
The 2021 Act, our second example, is an earlier instance of British impunity being dressed up as law. English law can at times be an ass, but not as asinine as this.
Like the proposed law for Northern Ireland, the 2021 Act introduces a statute of limitation — five years — beyond which no prosecution is possible. Even if new evidence is discovered. Criminal law isn't supposed to work like this.
Lawyers will tell us how difficult it is to gather evidence of massacre, rape and other atrocities perpetrated by invading forces. Five years will pass in no time. And if it doesn't, the British administration will make sure none will be found as non-governmental organisations are alleging in Northern Ireland.
Britain claims the 2021 Act is to prevent fraudulent and frivolous claims against the armed forces. But aren't the courts there to take care of this? Sadly, the reaction to the 2021 Act was rather muted.
Except for a few in the British legal fraternity who expressed some grave concerns, there was hardly any meaningful opposition to the law.
There was neither a Savioli nor a Tidball-Binz to shout "flagrant violation of its international obligation" from the UN, despite Afghanistan and Iraq being members of the world body. Britain's message to the world is this: it doesn't really care for the rule of law.
LONDON likes to boast to the world that Britain is a model rule of law nation. History rubbishes this claim very easily. But we needn't dig that deep to show how Britain buries truth and justice.
Two modern day examples will do. One is a proposed law that bans all legal investigations into British military atrocities in the decades-old Northern Ireland conflict.
The second is the Overseas Operations (Service Personnel and Veterans) Act (2021 Act), which took effect in April.
Start with the law in the making. Prime Minister Boris Johnson's government is proposing an end-of-the-year legislation that will halt all prosecutions of British soldiers and militants involved in the conflict in Northern Ireland.
Often referred to as "the Troubles", the three-decade conflict was bitterly fought between Catholics and Protestants. If the law is passed as proposed, it will be a sweeping amnesty for British armed forces involved in some of the most brutal killings there. Everyone but Johnson's cabinet ministers is up in arms. And rightly so.
For one, Britain will be in "flagrant violation of its international obligation", say United Nations Special Rapporteurs Fabian Salvioli and Morris Tidball-Binz in a statement issued in Geneva.
The UN experts were of the view that the British government cannot "foreclose the pursuit of justice and accountability" thus as it will thwart "victims' rights to truth and to an effective remedy for the harm suffered".
Johnson's government, in its blind pursuit of British impunity at home and abroad, thinks criminal justice impedes the search for truth, information recovery and reconciliation. As Salvioli and Tidball-Binz point out, such justification "conflates reconciliation with impunity".
We agree. The search for truth and reconciliation must go hand-in-hand with the criminal justice process. Britain cannot pick and choose its way out of justice.
Perhaps British Bar Council member and Secretary of State for Northern Ireland Brandon Lewis, who introduced the proposal in Parliament, needs to be reminded of an old English legal principle: Justice must not only be done, but must be seen to be done.
The 2021 Act, our second example, is an earlier instance of British impunity being dressed up as law. English law can at times be an ass, but not as asinine as this.
Like the proposed law for Northern Ireland, the 2021 Act introduces a statute of limitation — five years — beyond which no prosecution is possible. Even if new evidence is discovered. Criminal law isn't supposed to work like this.
Lawyers will tell us how difficult it is to gather evidence of massacre, rape and other atrocities perpetrated by invading forces. Five years will pass in no time. And if it doesn't, the British administration will make sure none will be found as non-governmental organisations are alleging in Northern Ireland.
Britain claims the 2021 Act is to prevent fraudulent and frivolous claims against the armed forces. But aren't the courts there to take care of this? Sadly, the reaction to the 2021 Act was rather muted.
Except for a few in the British legal fraternity who expressed some grave concerns, there was hardly any meaningful opposition to the law.
There was neither a Savioli nor a Tidball-Binz to shout "flagrant violation of its international obligation" from the UN, despite Afghanistan and Iraq being members of the world body. Britain's message to the world is this: it doesn't really care for the rule of law.
 |
The Batang Kali massacre was the killing of 24 unarmed villagers by British troops of the Scots Guards on 12 December 1948 during the Malayan Emergency |
Bullylaw is Better. Or lack of it.
ReplyDelete45 million deaths in Great Leap Forward and 2 million more in Cultural Revolution - all wiped out from Bully-history.
And to speak of it today is Against Bullylaw. But here is The Guardian Truth.
https://www.theguardian.com/world/2013/jan/01/china-great-famine-book-tombstone
Blurred mfer, keeps to yr fake news regurgitated ad nauseam & yet contiguously propagated as truth!
DeleteHow about the CIA truth?
https://www.cia.gov
SNIE 13-61 THE ECONOMIC SITUATION IN COMMUNIST CHINA - CIA
For a pommie asslicker, like u, u should have worked hard & overtime to find an excuse, too, for why the Malaya & M'sia ketuanan govt, kept so quiet all these years about the Batang Kali massacre.
The govts of China, SKorea & Philippines have voiced multiple times against the Japan over the issue of the comfort women.
Yet those ketuanan dickheads remain so miao-miaoly quiet. There were traces shown that the then melayu officers/soldiers too have had a parts there! That could be one of the reason for u to fart about now if u truly Carr about yr frequently chanted human right!
Maybe, u should say the Nons, especially the Chinese Malayan weren't royal pommie acolytes, like u, thus deserved to be treated as non humans!
Northern Ireland is part of Britain.
ReplyDeleteForeigners should butt out of trying interfere with UK law within its own territory.
Old moneyed mfer says that AGAIN!
Deletevis-a-vis Tibet, Xinjiang, HK & Taiwan!
In 1922, after the Irish War of Independence most of Ireland seceded from the United Kingdom to become the independent Irish Free State but under the Anglo-Irish Treaty the six northeastern counties, known as Northern Ireland, remained within the United Kingdom, creating the partition of Ireland.
Oooop… go check how that f*cked Anglo-Irish Treaty was formulated!