icai - International Campaign against Impunity


Kissinger Watch #5 - 05



REASONS for refusing the issue of a warrant

IN BOW STREET MAGISTRATES' COURT

This is an application by Mr. Peter Tatchell for a warrant for the arrest of HENRY ALFRED KISSINGER on charges of war crimes under the Geneva Conventions Act 1957. Section 1 of the Geneva Conventions Act 1957 creates an indictable only offence for `grave breaches of scheduled conventions' carrying on conviction a maximum sentence for life or 14 years imprisonment depending on the particulars of the breach. Section 70 of the International Criminal Courts Act 2001 amends section 1 of the Geneva Convention Act 1957. It inserts a new paragraph `1A' which, by sub-paragraph 1A(3), provides that `proceedings for an offence shall not been instituted in England and Wales, except by or which the consent of the Attorney General'. Section 70(3) ICCA 2001 says `The above amendments do not apply in relation to offences committed before the commencement of this section. The commencement date is 1st September 2001. This application relates to conduct in 1969-1973 so the amendments brought in by section 70 ICCA 2001 do not apply. In its pre-amended form section 1 of the 1957 Act provided in section 1(3) `proceedings for such an offence shall not be instituted in England except by or on behalf of the Director of Public Prosecutions'. Despite Mr. Tatchell's representations to the contrary I am satisfied that proceedings can only be instituted by or on behalf of the DPP. Section 25 of the Prosecution of Offences Act 1985 provides (1) This section applies to any enactment which prohibits the institution or carrying on of proceedings for any offence except – (a) with the consent (however expressed) of a Law Officer of the Crown or the Director; or (b) where the proceedings are instituted or carried on by or on behalf of a Law Officer of the Crown or the Director; and so applies whether or not there are other exceptions to the prohibition (and in particular whether or not the consent is an alternative to the consent of any other authority or person). (2) An enactment to which this section applies –(a) shall not prevent the arrest without warrant, or the issue or execution of a warrant for the arrest, of a person for any offence, or the remand in custody or on bail of a person charged with any offence; and (b) … (3) In this section "enactment" includes any provision having effect under or by virtue of any Act; and this section applies to enactments whenever passed or made. Thus, in the context of this application, it is within the power of this court to issue a warrant for Mr. Kissinger's arrest for an offence said to be contrary to section 1 of the 1957 Act even though proceedings for such an offence shall not be instituted except by or on behalf of the DPP. However, in the light of DPP's letter dated 23rd April 2002, in which the Director says ` I do not intend to institute proceedings for a prosecution in this case' it would seem quite pointless my issuing a warrant even if I were so minded. The material provided by Mr. Tatchell makes generalised allegations and suggests possible sources of potentially admissible evidence. I have serious misgivings concerning Mr. Tatchell's ability to actually obtain such admissible evidence. I ought not to issue any summons/warrant unless I can draft a suitably precise charge. I can not presently do this on the information provided. Mr. Tatchell has made this application courteously and with obvious sincerity. I do not doubt the strength of feeling in him and many others that justice requires that Mr. Kissinger should face the allegations made against him in a court of law. The application is refused. Nicholas Evans District Judge 24th April 2002

OVERVIEW - Kissinger Watch #5

1.		'WAR CRIMES' CLAIMS: Kissinger begins to stoop under the weight of legal scrutiny opinion bears down Pinochet judge leaves the way open for charge against Kissinger Court rejects application to arrest Nixon's right-hand man over covert CIA activities in the 1970's

2.		Kissinger admits possible errors on Vietnam

3.		Explanatory note regarding legal proceedings sparked by Kissinger’s visit to London

4.		APPLICATION FOR A WARRANT FOR THE ARREST OF HENRY ALFRED KISSINGER

5.		REASONS for refusing the issue of a warrant

6.		Why Milosevic, but not Kissinger?

7.		Kissinger testimony pleas refused

8.		Chile/UK: UK shirks its obligation to cooperate in human rights investigation

9.		The government of the United Kingdom DID approve its request to question Henry Kissinger

10.		Statement: Regarding the Spanish court’s request to question Mr. Henry Kissinger / J. Garces & M. Murillo

11.		Spanish superjudge asks USA for permission to quiz Kissinger

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