UK 'war crimes' claims examined in The Hague

By Severin Carrell

19 December 2004

Claims that the UK has committed war crimes against Iraqi civilians are being examined by the International Criminal Court after complaints by a panel of legal experts.

In a letter seen by The Independent on Sunday, the chief prosecutor of the ICC in The Hague has described the war crimes allegations as "one of the most significant" cases he has seen, and were being given "deserved weight" by his investigators.

Luis Moreno Ocampo, the chief prosecutor, indicated that his office has now begun the formal process of gathering evidence about the claims and is now expected to ask the Government to explain its military strategy in Iraq.

Sir Menzies Campbell, the Liberal Democrats' foreign affairs spokesman, said the move would cause "profound concern" for the Government. Adam Price, the Plaid Cymru MP and one of the most prominent critics of the war, added: "This is a highly significant development."

The allegations against the Government were submitted earlier this year by a lawyers' group called PeaceRights, based at the University of Warwick, in a dossier written by a panel of eight leading experts in international law.

The panel alleged that Britain had illegally used cluster bombs in civilian areas and illegally targeted power stations, depriving civilians and hospitals of water supplies and electricity. They also allege that British use of depleted uranium armour-piercing shells was negligent.

Sir Menzies said the decision to study the allegations was particularly worrying for Tony Blair's government because the UK had been one of the main driving forces behind setting up the ICC. "The UK's conduct of warfare will now be open to acute review, and British conduct and policy will be judged by higher standards than ever before," he said.

  © 2004 Independent Digital (UK) Ltd

London Legal Inquiry..  "...the chief prosecutor of the ICC in The Hague has described the war crimes allegations as "one of the most significant" cases he has seen..." 

The Panel consisted of: Upendra Baxi, Professor of Law, University of Warwick

Bill Bowring, Professor of Law, London Metropolitan University

Christine Chinkin, Professor of International Law, London School of Economics and Political Science

Guy Goodwin-Gill, Senior Research Fellow, All Souls College, Oxford

Nick Grief, Steele Raymond Professor of Law, Bournemouth University

René Provost, Professor of Law, McGill University, Canada

William Schabas, Professor of Law, National University of Ireland, Galway and Director of the Irish Centre for Human Rights

Paul Tavernier, Professor of Law, Faculté Jean Monnet and Director of Centre de recherches et d'études sur les droits de l'Homme et le droit humanitaire at the University Paris-Sud, France.

The Report was compiled by: Andrew Williams, Solange Mouthaan and Phil Shiner .

Counsel to the Inquiry were: Mr Nicholas Blake QC and Ms Charlotte Kilroy of Matrix Chambers, London.