HC Deb 23 March 1979 vol 964 cc777-9W
Mr. Anthony Grant

asked the Secretary of State for Foreign and Commonwealth Affairs (1) what is the policy of Her Majesty's Government in respect of paragraph 10(i) of Council of Europe recommendation No. 855 on the statutory limitation of war crimes in which member Governments are invited to sign and ratify the European Convention on the non-applicability of statutory limitation to crimes against humanity and war crimes of 1974;

(2) what is the policy of the Government in respect of the various proposals made in paragraphs 10(ii) and 10(iii) of Council of Europe recommendation No. 855 on the satutory limitation of war crimes which aims at preventing that those who have committed crimes against humanity and other very serious crimes escape punishment.

Mr. Tomlinson

Assembly recommendation 855 has been referred by the Council of Europe Committee of Ministers to the European Committee on Crime Problems for consideration, and Her Majesty's Government will not adopt a final view until the Committee of Ministers has made recommendations to the Governments of member States.

Her Majesty's Government have consistently supported the view that there should be no time limit on the initiation of legal proceedings or imposition of penalties with respect to war crimes and crimes against humanity. There is no such time limit in the United Kingdom. However, it is also the Government's view that the question of a statute of limitations or similar measures is an internal matter to be determined by individual Governments themselves, and in the last resort it is for individual Governments to decide whether to sign and ratify the European convention on the non-applicability of statutory limitation to crimes against humanity and war crimes. So far as the United Kingdom is concerned, Her Majesty's Government do not at present see any practical advantage in signing and ratifying the convention, though the matter will be kept under review.

Her Majesty's Government have noted with interest the proposals made by the Assembly in recommendation 855 to improve co-operation in bringing war criminals and perpetrators of crimes against humanity to justice. These will be studied further in the light of the opinion of the European Committee on Crime Problems and the recommendations made by the Committee of Ministers.