WAR CRIMES, CRIMES AGAINST HUMANITY AND GENOCIDE
This document was archived on 27 July 2017WAR CRIMES, CRIMES AGAINST HUMANITY AND lisationapplications from people suspected of involvement in warcrimes, crimes against humanity or genocide.1.2RESTRICTED – NOT FOR DISCLOSURE1.3RESTRICTED – NOT FOR DISCLOSURE1.4This guidance must be read by all Nationality Group staffinvolved in screening for applicants who may have been involvedin war crimes, crimes against humanity or genocide. (Asgenocide is a particular subset of crimes against humanityreferences in this document to crimes against humanity shouldbe taken to include genocide.)Citizenship applications from people suspected of involvement in warcrimes or crimes against humanity.2.1One of the requirements for naturalisation as a British citizenor a British overseas territories citizen is that the Secretaryof State be satisfied that the applicant is of “goodcharacter”.Applicants should be refused if their activitiescast ‘serious doubts’ on their character. Serious doubts willbe cast if applicants have been involved in or associated withwar crimes, crimes against humanity or genocide. Serious doubtswill also be cast if applicants have supported the commissionof war crimes, crimes against humanity or genocide or havesupported groups whose main purpose or mode of operationconsisted of the committing of these crimes even if thatsupport did not make any direct contribution to the groups’ warcrimes or crimes against humanity and genocide.2.2In ascertaining whether there are sufficient grounds forrefusing an application for involvement in war crimes, crimesagainst humanity or genocide, consideration will be given toevidence directly linking the applicant with these crimes. Itwill also be given to factors such as the likelihood of his/herhaving been involved through membership of, or activities forgroups responsible for committing war crimes, crimes againsthumanity or genocide. In determining the significance of theselinks, consideration will be given to such factors as the roleof the applicant, the length of membership and his/herseniority within that group.Archived2.War Criminals3.Information on an applicant’s activities already held by UKBA3.14.In making a decision on the application, all relevantinformation already held by UKBA relating to the applicant maybe considered.Post refusal action4.1In addition to the refusal of citizenship further action may betaken against an applicant suspected of involvement in portation or removal action and referral to the police forfurther investigation.4.2When an unsuccessfulof being naturalisedwhilst naturalisationeach application willapplicant enquires about the possibilityin the future we should explain that,is at the Home Secretary’s discretion andbe considered on its merits, it is likely1
This document was archived on 27 July 2017that any further application will also be refused unless theindividual’s circumstances are by then materially different for example, he or she has been brought before a competentcourt or tribunal to answer charges relating to the activitiesthat led to the original refusal and has been acquitted.Screening5.1RESTRICTED – NOT AVAILABLE FOR DISCLOSURE5.2The documents most likely to contain information relating towar crimes or crimes against humanity are 6.Screening interviewsSEF/SQFs and/ or personal statements from the applicantAsylum interviewsReasons for refusal lettersGrant notesPre appeal representations or additional personal statementsfrom the applicant.Appeals determinationsSupporting evidence such as identity cards or photos.Allegation epresentativesived5.Definitions of war crimes, crimes against humanity and genocide6.1War CrimesCrimes against humanityAr6.2ch6.1.1 Grave breaches of the Geneva Conventions committed duringan armed conflict. This may include willful killing,torture, the intentional targeting of civilians, hostagetaking, mistreatment of prisoners of war and theextensive destruction of property not justified bymilitary necessity.6.2.1 Acts committed at any time (not just during armedconflict) as part of a widespread or systematic attack,directed against any civilian population with knowledgeof the attack. This would include offences such asmurder, torture, rape and severe deprivation of libertyin violation of fundamental rules of international lawand enforced disappearance of persons.6.3Genocide6.3.1 Acts committed with intent to destroy, in whole or inpart, a national, ethnic, racial or religious group. Thisincludes killing, causing serious bodily harm, inflictingmeasures to prevent births and forcibly transferringchildren of the group to another group.7.The decision7.1The information about an applicant will be considered againstinformation from reputable sources on war crimes and crimesagainst humanity in the country concerned and, where relevant,on the groups in which the applicant has been involved. Wherethese sources provide sufficient evidence to support the viewthat the applicant’s activities or involvement constitute2
This document was archived on 27 July 2017responsibility for, or close association with, war crimes orcrimes against humanity, the application should be refused.Information relevant to war crimes or crimes against humanityThis information will usually consist of one or more of thefollowing; Admission or allegation of involvement in any of the crimeswhich constitute a war crime or crime against humanity. Admission or allegation of involvement in groups known tohave committed war crimes or crimes against humanity.Consideration of the significance of this information willdepend on the relevance and detail of the informationprovided by the applicant as well the extent to which thisinformation links the applicant with war crimes or crimesagainst humanity.8.2RESTRICTED – NOT AVAILABLE FOR DISCLOSURE8.3The information indicating war crimes or crimes againsthumanity may range from a brief claim to have been a member ofa particular group or profession with no indication as to thelength, dates, location or nature of these activities, to adetailed and time framed account including information aboutthe applicant’s activities, responsibilities and level ofseniority within an organisation of interest.8.4Although an applicant will occasionally openly admit to havingcommitted crimes which constitute war crimes or crimes againsthumanity, evidence which may indicate these crimes is much morelikely to take the form of a claim of involvement in aparticular group or profession which is known to have committedwar crimes or crimes against humanity. In certain cases theapplicant may deny, or may not have mentioned involvement inwar crimes or crimes against humanity, however in these cases,the likelihood of an applicant having taken part in thesecrimes will often depend on factors such as the nature of thegroup itself, the degree to which the group has involved itselfin war crimes or crimes against humanity and the nature of theinvolvement of the applicant.8.5Involvement includes activities where the applicant may nothave had a direct involvement in war crimes or crimes againsthumanity but where his/her actions have contributed towards warcrimes or crimes against humanity, such as, supplying helpwhich the supplier knows is likely to contribute towards thecommitting of war crimes or crimes against humanity. This couldinclude for instance providing transport to take prisoners to asite where they are going to be murdered.chived8.1Ar8.9.8.6In certain cases membership of a particular group may besufficient to determine that an applicant has been supportiveof, and in some cases complicit in, war crimes or crimesagainst humanity committed by that group. In such casesconsideration will be given to the length of membership and thedegree to which the group employed war crimes or crimes againsthumanity to achieve its ends.8.7Occasionally there will be evidence on file of an allegationagainst the applicant of involvement in war crimes or crimesagainst humanity, for instance an allegation letter to UKBAfrom a third party or a claim from the applicant that rimes/crimes against humanity if returned to his own country.Mitigating circumstances3
This document was archived on 27 July 20179.110.Where applicants have been involved in war crimes or crimesagainst humanity, but where there is evidence of mitigatingcircumstances, decisions will be made with consideration ofapplicable defences under international criminal law.The types of case and the likely corresponding decision category arelisted belowRESTRICTED – NOT AVAILABLE FOR DISCLOSURE10.2RESTRICTED – NOT AVAILABLE FOR DISCLOSURE(A). No information on file indicating war crimes or crimes againsthumanity.10.3RESTRICTED – NOT AVAILABLE FOR DISCLOSURE10.4Where there is no indication on file of involvement in warcrimes or crimes against humanity, caseworkers can return thefile to the nationality workflow for it to be considered asnormal. (File should be clearly minuted as to why the case isbeing returned.)ived(B). Information clearly linking applicant with specific war crimesor crimes against humanity with no mitigating circumstances.Where the applicant clearly admits to having committed crimeswhich constitute war crimes or crimes against humanity andwhere there is no indication of mitigating circumstances, theapplication should be refused10.6RESTRICTED – NOT AVAILABLE FOR DISCLOSURE10.7RESTRICTED – NOT AVAILABLE FOR DISCLOSURE10.8RESTRICTED – NOT AVAILABLE FOR DISCLOSURE10.9RESTRICTED – NOT AVAILABLE FOR DISCLOSUREch10.510.10 RESTRICTED – NOT AVAILABLE FOR DISCLOSUREInsufficient or vague information about applicant’s activities.Ar(D).10.11 Where there is some indication of involvement in war crimes orcrimes against humanity but this information is vague orlacking in detail or where it appears that the applicant haspreviously been evasive about his activities, more informationshould be sought from the applicant either via writtenquestions or an interview. This may arise for instance wherethere is evidence indicating involvement in war crimes orcrimes against humanity but there is not enough evidence toeither to support a refusal or to consider that the goodcharacter requirement has been satisfied.10.12 Examples could include cases where the applicant states thathe/she was a long term member of a particular group but wherethere is little or no information as to that person’sactivities or level of seniority within that group, or where hestates that he was a commander, with no indication as to whereor when he commanded anyone or what this role entailed.Further enquiries should not, however be used as a ‘fishingtrip’ and caseworkers should have a clear idea of how theanswers to the questions would help in making a decision on thecase.11.Interview arrangements4
This document was archived on 27 July 2017If it is established that there is a need to interview theapplicant, a letter must be sent to the applicant informingthem of this decision and asking if they require aninterpreter and/or a representative to be present. Theletter should also make it clear that they are required topay for their own travel costs to Liverpool to attend theinterview. Interviews cannot be held elsewhere in thecountry; Applicants are also informed that should they bring ntative is only permitted to comment and makeobservations at the conclusion of the interview. Thesecomments and observations must be recorded and a copy givento the applicant and/or representative. Applicants are informed that if an interpreter is requiredthen UKBA will appoint an independent interpreter but thecost of this must be borne by the applicant. The interview arrangements listed in 11.1 above must be madeclear to the applicant from the outset.If the applicant does not wish to attend an interview due totheir restricted knowledge of English then we should, ifpossible, allow them to completed some written questionsinstead. Although an interview must always be arranged if anapplicant is suspected of having obtained ILR by deceptionafter having concealed or lied about activities relating to warcrimes or crimes against humanity.Failure to attend interview or to return written questions12.1Applications from those who fail to attend an interview or toprovide answers to the written questions may be refused wherethe failure to attend combined with the evidence indicatinginvolvement in war crimes or crimes against humanity castssufficient doubt on the applicant’s character.Ar12. ived11.2Caseworkers must, for administrative and operational purposes,ensure that:ch11.15
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crimes against humanity, the application should be refused. 8. Information relevant to war crimes or crimes against humanity . 8.1 This information will usually consist of one or more of the following; Admission or allegation of involvement in any of the crimes which constitute
of the crimes of genocide, crimes against humanity and war crimes follows the structure of the corresponding provisions of articles 6, 7 and 8 of the Rome Statute. Some paragraphs of those articles of the Rome Statute list multiple crimes. In those instances, the elements of crimes appear in separate paragraphs which correspond to each .
GENOCIDE, WAR CRIMES AND CRIMES AGAINST HUMANITY . Human Rights Watch dedicates this digest to the memory of Dr. Alison DesForges, a valued and trusted colleague and friend, who as senior .
In the US, both men and women engage mostly in crimes against property, including burglary, theft, car theft, and white-collar crimes. Property crimes represent almost 70% of total crimes for women and around 50% for men who are in prison. The share of drug crimes and violent crimes is almost twice as high am
5 Analysis of the Prosecution of War Crimes in Serbia 2004-2013 Humanitarian Law Center Acronyms and Abbreviations Appeals Court Department - the Department of War Crimes of the Court of Appeal in Belgrade BiH - Bosnia and Herzegovina CPC - Criminal Procedure Code EU - European Union FRY - Federal Republic of Yugoslavia Higher Court Department - the Department for War Crimes of the Higher .
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Commissioner for Human Rights, United Nations, New York and Geneva, 2014, p. 181 5. United Nations Security Council resolution 827 (1993) of 25 May 1993 6. United Nations Security Council resolution 955 (1994) of 8 November 1994 . Aggression (crimes against the peace) 4. Crimes against humanity 5. Genocide 6. War crimes 7. Defences and .
evaluation of English Pronunciation and Phonetics for Communication (second edition) and English Phonology (second . textbook is English Phonology written and edited by Wang Wenzhen, which was first published by Shanghai Foreign Language Educational Press in 1999. It was modified and republished in 2008 and also came with a CD. 4 Polyglossia Volume 25, October 2013 2.4 Procedure and Data .
