
Today,
6 October 2011, former Israeli Foreign Minister Tzipi Livni visited the United Kingdom.
Ms.
Livni was Foreign Minister during Israel’s 27 December 2008 – 18 January 2009
offensive on the Gaza Strip (Operation Cast Lead. OCL). Significant evidence
was collected indicating her individual criminal responsibility for war crimes
and other international crimes committed during this period.
In
December 2009, after reviewing this evidence at the request of a civilian
victim of OCL, a warrant for her arrest was issued by a senior district Judge
in London, UK.
In
advance of Ms. Livni’s current visit, a Palestinian civilian war crimes victim,
represented by lawyers from the Palestinian Centre for Human Rights (PCHR) and
Hickman & Rose Solicitors, invited the Director of Public Prosecutions (DPP)
to authorise the arrest of Ms Livni to enable an urgent decision to be made by
the Attorney General to charge her for war crimes. Alternatively, the victim requested
the DPP’s permission to apply to a judge for an arrest warrant for Ms. Livni
At
lunchtime today, the DPP made a statement that he has been blocked from any
arrest decision or giving his consent to
an application for the issue of an arrest warrant – BUT NOT on the basis of a lack of evidence.
The only reason given by the DPP is the retrospective grant of diplomatic
immunity to Ms Livni by the British Foreign Secretary on the basis of a
‘Special Mission’ (which is not accepted by the victim).
Ms
Livni and the Foreign Secretary have claimed this week that the recent change
in the British law on arrest warrants (requiring the consent of the DPP before
a magistrate could issue a warrant) has spared Ms Livni from arrest. If that
were true then no certificate was needed from the Foreign Secretary. Rather, it was the issue of a certificate of diplomatic
immunity that allowed a war crimes suspect, Ms Livni, the subject of a previous
arrest warrant, to escape due process.
The
Palestinian victim who brought this claim is frustrated at the delay in the
DPP’s decision, given that Ms Livni could have been arrested yesterday, prior
to the grant of the certificate. The DPP’s delay means that the victim has not been
given any realistic prospect of bringing a successful legal challenge while Ms
Livni remains here, it being publicly known that her visit was for 24 hours. Access
to justice has been denied in the name of political expediency.
The
British Government has abused the law in order to ensure that Ms. Livni escapes
accountability. Ms Livni is not a member of the Israeli Government, but the
leader of the opposition. This action exhibits a serious and worrying disregard
for the rule of law, and appears to be in violation of the United Kingdom’s
international obligations.
Mr
Raji Sourani, Director of PCHR said
This decision is a clear abuse of process and of law. The UK Government
has granted Tzipi Livni immunity despite clear evidence indicating her
responsibility for the commission of international crimes which should have
been tested in court. Shame on the British Government for protecting war
criminals and discarding victims rights. With this illegitimate decision the UK
sends the clear message to civilian victims of war crimes in Gaza that
international law is purely an academic exercise, and that the government will
not protect civilians in practice. Instead of fighting to uphold the rule of
law the British government is inviting in the rule of the jungle. They are
abusing the law to provide immunity and are in effect complicit in the denial
of justice to victims and the cover up of international crimes. This decision
must be and will be challenged, in the name of universal justice and victims’
fundamental rights.’
Hickman
& Rose and the Palestinian Centre for Human Rights are advising the
civilian victim on a potential legal challenge to try and ensure that the rule
of law is upheld, and that individual victims are granted their legitimate
right to judicial redress.
For more information please
contact:
Mr. Raji Sourani, Director, Palestinian Centre for Human
Rights, or
Daragh
Murray, International Legal Officer, PCHR
00 (972)
599 608811, 00 (1) 646 229 2871
E-mail: pchr@pchrgaza.org Website: http://www.pchrgaza.org
The Palestinian Centre for Human Rights is an independent human rights
organization working on a wide variety of human rights violations by both the
Israeli occupation and the Palestinian National Authority
In London, UK:
Daniel Machover, Partner, Mobile: 00 +44 (0)7773 341096 OR
Kate Maynard, Partner, Mobile: 00 +44 (0)7812
974613
Hickman & Rose solicitors Website:
http://www.hickmanandrose.co.uk
Hickman
& Rose is a niche city firm with a criminal defence team and civil
department. The civil team is renowned for its work in seeking public and
private law remedies in the UK
and other jurisdictions on behalf of victims of crime and other victims of the
abuse of power by state agents within the criminal justice system. The combined resources and joint working of
the civil and criminal defence teams position the firm uniquely to fight for
justice on behalf of their clients in all arenas.