War Crimes Act 1991
Encyclopedia
The War Crimes Act 1991 is an Act
of the Parliament of the United Kingdom
. It confers jurisdiction on courts in the United Kingdom
to try people for war crimes committed in Nazi Germany
or German-occupied territory during the Second 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 then were no provisions to allow the extradition of British residents, or naturalised citizens to face trial for war crimes in third countries. Other countries, such as the United States
have used civil
, rather than criminal
proceedings, to resolve this issue by revoking citizenship of suspects, facilitating their deportation.
The Act was rejected by the House of Lords
, and so it was passed with the authority of only the House of Commons
, under the provisions of the Parliament 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 the Parliament Act 1949. The War Crimes Act remains the only time that the Parliament Acts were invoked by a Conservative
government.
To date only one person, Anthony Sawoniuk
, has been convicted under the Act. He was sentenced to life imprisonment
for murder
and died in jail in 2005.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. It confers jurisdiction on courts in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
to try people for war crimes committed in Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
or German-occupied territory during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
by people who were not British citizens at the time, but have since become British citizens or residents. The legislation was enacted, as there then were no provisions to allow the extradition of British residents, or naturalised citizens to face trial for war crimes in third countries. Other countries, such as the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
have used civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, rather than criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
proceedings, to resolve this issue by revoking citizenship of suspects, facilitating their deportation.
The Act was rejected by the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, and so it was passed with the authority of only the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, under the provisions of the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
. 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 the Parliament Act 1949. The War Crimes Act remains the only time that the Parliament Acts were invoked by a Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
government.
To date only one person, Anthony Sawoniuk
Anthony Sawoniuk
Anthony Sawoniuk, formerly Andrei Andreeovich Sawoniuk was a Belorussian Nazi collaborator from the town of Domaczewo in pre-war Poland . After taking part in the murder of Jews in his home town, he served in the SS and later with the Polish II Corps...
, has been convicted under the Act. He was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and died in jail in 2005.