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UK To Change Law To Prevent Arrest Of Pope Benedict

07/23/10-by Bridgette P. LaVictoire
The British government is looking into changing the law that would allow for someone to bring a private prosecution case against Pope Benedict. Private prosecutions are possible in the United Kingdom, specifically in England and Wales, and are when a private person or organization brings criminal charges against an individual. In this case, Richard Dawkins, Christopher Hitchens and Peter Tatchell have all been putting together a case to bring a private prosecution against Pope Benedict under international criminal law. Their allegations involve the cover-up of the sexual abuse of children in the Catholic Church.

Benedict was invited by former Prime Minister Gordon Brown. During the last general election, Brown’s Labour Party came in second, but a power sharing deal between the Conservatives and the Liberal Democrats kept Labour out of power. It was the first time that no one party had garnered a clear majority since the 1970′s.

Conservative MP and Justice Secretary Kenneth Clarke proposed the changes to the law on Friday which would require the consent of the Director of Public Prosecutions in order for any arrest warrants to be issued under universal jurisdiction.

The change in the law comes, in part, because of an arrest warrant issued last December for Israeli opposition leader Tzipi Livni. The warrant was issued because of claims of warcrimes in the Gaza Strip. When she canceled her visit, the warrant was also canceled.

Universal jurisdiction is suppose to be used to prosecute people in the UK for serious crimes such as genocide and torture. Unfortunately, this can be abused rather heavily, such as in this case. The feeling is that the system can be used by people to make political statements rather than seriously pursue crimes that have been committed.

Clarke stated “Our commitment to our international obligations and to ensuring that there is no impunity for those accuse of crimes of universal jurisdiction is unwavering. It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution – otherwise, there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy.

“The government has concluded, after careful consideration, that it would be appropriate to require the consent of the Director of Public Prosecutions before an arrest warrant can be issued to a private prosecutor in respect of an offence of universal jurisdiction.

Pope Benedict will be in the United Kingdom from 16 September to 19 September.