In a letter sent on 20 October to members of the British House of Commons and made public on Tuesday 3 November, the Council of Europe Commissioner for Human Rights asks them to reject some of the provisions of the Overseas Operations Bill, which is currently undergoing its third reading.
One of these provisions could create a “presumption against prosecution” for acts committed more than 5 years previously by members or former members. These lawsuits could take place if several conditions were met, but, notes Dunja Mijatović, these are difficult to meet. In practice, she concludes, the adoption of this provision would amount to “introducing a limitation period”.
The Commissioner also expressed concern about the provisions undermining victims’ claims for compensation and notes with concern that “the draft law provides that future governments would be obliged to consider derogating from the European Convention on Human Rights in any large-scale external operation”.
These provisions “raise serious concerns as to their compliance with international human rights standards”, the Commissioner concluded before requesting that her letter be forwarded to all members of the House of Commons.
This bill had already been denounced by independent UN experts in a statement issued on 5 October from Geneva. They see this as a violation of the United Kingdom’s obligations under international humanitarian law, human rights law and international criminal law. The absolute prohibition of unlawful killings and torture cannot be limited or suspended under any circumstances, they recall. (Original version in French by Véronique Leblanc)