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War Crimes Act 1991

From Wikipedia, the free encyclopedia

United Kingdom legislation
War Crimes Act 1991
Act of Parliament
Long titleAn Act to confer jurisdiction on United Kingdom courts in respect of certain grave violations of the laws and customs of war committed in German-held territory during the Second World War; and for connected purposes.
Citation1991 c. 13
Territorial extent United Kingdom
Dates
Royal assent9 May 1991
Other legislation
Amended byCriminal Procedure and Investigations Act 1996
Police Reform and Social Responsibility Act 2011
Status: Amended
Text of the War Crimes Act 1991 as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk.

TheWar Crimes Act 1991 is anAct of theParliament of the United Kingdom. It confers jurisdiction on courts in the United Kingdom to try people forwar crimes committed inNazi Germany or German-occupied territory during theSecond World War by people who were not British citizens at the time but have since become British citizens or residents. The legislation was enacted as there were no provisions to allow the extradition ofBritish residents ornaturalised citizens to face trial for war crimes in third countries at the time.[1] Other countries, such as the United States, have usedcivil rather thancriminal proceedings to resolve this issue by revoking citizenship of suspects, therefore facilitating their deportation.[2]

The Act was rejected by theHouse of Lords, and so it was passed with the authority of only theHouse of Commons under the provisions of theParliament Acts 1911 and 1949. The Parliament Acts are rarely invoked: the War Crimes Act was only the fourth statute since 1911 enacted under their provisions, and the first since theParliament Act 1949.[3] The War Crimes Act remains the only time that the Parliament Acts were invoked by aConservative government.

To date only one person,Anthony Sawoniuk, has been convicted under the Act. In 1999, he was sentenced to life imprisonment for murder during his involvement with the collaborationistBelarusian Auxiliary Police. He died in jail in 2005.

The first person to be charged, however, was fellow Belarusian officer, Szymon Serafinowicz Sr, grandfather of the British actorPeter Serafinowicz. His trial commenced in 1997 for the murder of three unnamed Jews committed as during his role as Police chief inMir. At this stage, he was in the advanced stages ofdementia and was declared medically unfit. He died later that year.[4]

References

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  1. ^Prosecution prepares war crimes trialBBC News,news.bbc.co.uk, 8 February 1999 (accessed 10 January 2009)
  2. ^Unhappy record on Nazi suspectsBBC News,news.bbc.co.uk, 8 February 1999 (accessed 10 January 2009).
  3. ^"Parliament Acts: House of Lords written question – answered on 8th April 2010.".Parliamentary Debates (Hansard). House of Lords. 8 April 2010. col. 462-463.
  4. ^"Why won't Britain jail this war criminal?".the Guardian. 2 September 2001. Retrieved23 October 2022.

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