‘First of its kind’: Prominent lawyers write to Prime Minister for urgent support on Genocide Determination Bill
Senior prominent lawyers among signatories of a letter sent to the Prime Minister and Foreign Secretary asking them for urgent support of the Genocide Determination Bill.
The Bill was introduced on 4 December to the House of Lords, and is a first of its kind in the world, is designed to introduce an apolitical and independent system for a decision on the UK government’s legal obligations under the 1948 Genocide Convention.
The Bill, if passed, would allow the senior courts of the UK to make preliminary determinations as to what constitutes genocide, and it would also introduce a mechanism for such determinations to be referred to relevant international courts.
The Bill is a Private Member’s Bill and is currently at the second reading stage in the House of Lords.
There was an open letter penned to the Prime Minister Rushi Sunak MP and the Foreign Secretary Lord David Williams on Monday. Amongst the signatories include Baroness Helena Kennedy KC, McCue senior partner Jason McCue, Doughty Street barristers Stephen Cragg KC, Tatyana Eatwell and Kate Gibson.
The letter had 50 prominent individuals, including other members of the House of Lords and peers.
The letter stated that this Bill addresses any concerns that the UK courts should not have the power to curtail decision-making by a sovereign parliament by ensuring that any determination can only be triggered by Parliament itself and, in any event, after a government response.
It added that this Bill clearly states that, following a preliminary determination of genocide by a senior court, the government ultimately decides on all consequences, in line with international law, subject to Parliamentary scrutiny.
“As the government seeks to play a more meaningful and pro-active role in atrocity prevention and in maintaining international peace and security, parliamentarians have a historic opportunity to ensure that future policy truly reflects the UK’s moral commitments and values,” the letter added.
The Bill is sponsored by Lord David Alton, who has often had several cross-party co-sponsors, including leading lawyers such as Baroness Helena Kennedy KC.
Once the Bill has had a second reading, and if the government agrees to give it Parliamentary time, then it will move to the committee stage. However, without that agreement of the government’s whips office, then the Bill will likely stall.