Royal Regiment of Fusiliers preparing to engage enemy targets, south of Basra, March 2003. Wikicmmons/ Cpl Paul Jarvis/MOD. Some rights reserved.The International Criminal Court has received numerous submissions of information about the UK military’s conduct in Iraq. An initial preliminary examination was opened and then later closed in 2006. Although there was a reasonable basis to believe that crimes within the jurisdiction of the Court had been committed, namely wilful killing, torture and inhumane and degrading treatment of prisoners and civilians, the Prosecutor’s view was that the gravity threshold was not met. The number of victims of alleged abused at that time was very limited, totalling in all less than 20 persons, so the ‘quantitative criteria’ was not fulfilled.
Subsequently, more information on alleged crimes was supplied, and in May 2014 the ICC Prosecutor announced the re-opening of the previously terminated preliminary examination. This preliminary examination is ongoing. According to her latest report, the ICC Prosecutor is currently finalizing the assessment of whether the alleged crimes committed by UK nationals fall within the subject-matter jurisdiction of the Court. In other words, do the crimes fall within the definition of war crimes or crimes against humanity, and do they meet the Prosecutor’s gravity threshold?
The Office of the Prosecutor is now under pressure to conclude the examination. But this examination must remain open. Instead, the Prosecutor should be taking it to the next logical step – a full-blown investigation.
