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By Ido Rosenzweig and Yuval Shany
UK Enacts Law Restricting Use of Arrest Warrants in Private Prosecutions for International Crimes [15/9/2011]

On September 15, 2011 the UK Parliament approved the Police Reform and Social Responsibility Act 2011 (hereinafter: the "Police Reform Act"), which includes (inter alia) an important change to the UK universal jurisdiction policy. [1] According to article 153 of the act titled "Restriction on Issue of Arrest Warrants in Private Prosecutions," the issuing of arrest warrants in private prosecutions based on the UK's universal jurisdiction laws would require consent of the Director of Public Prosecutions as a precondition.

This change would enable Israeli officials engaged in counter-terrorism efforts to enter the UK without threat of being detained by reason of allegations of international crimes raised by private litigants. However, it should be noted that the change in the Police Reform Act does not nullify the universal jurisdiction of the UK, but rather is intended to prevent its misuse by individuals for political purposes. It seeks to achieve this by adding a supervisory element to the process of issuing an arrest warrant in private prosecutions. [2]

Notes

  1. Police Reform and Social Responsibility Act 2011

  2. For more information see Issue 24 of the Terrorism and Democracy Newsletter.