Court refuses warrant, but leaves open possibility of future arrest.
Human rights campaigner Peter Tatchell lost his bid to have the former US Secretary of State, Henry Kissinger, arrested in London today (Wednesday, 24 April 2002).
But the court judgement leaves open the possibility that Tatchell might succeed in the future if he can present stronger evidence and witnesses.
Mr Tatchell, who played a prominent role in the anti-Vietnam War movement in his home town of Melbourne from 1969-71, had applied for an arrest warrant at Bow Street Magistrates’ Court in London.
He wanted Mr Kissinger arrested for war crimes in Indochina during the period 1969-73, when he served as National Security Advisor to President Nixon.
“Henry Kissinger devised and executed a US war policy that resulted in the mass killing of civilians in B-52 bombing raids. His actions are war crimes under Britain’s Geneva Conventions Act 1957. He should be arrested and put on trial”, added Mr Tatchell.
Mr Kissinger was in London to speak at a conference organised by the Institute of Directors at the Royal Albert Hall.
Refusing Peter Tatchell’s application for an arrest warrant against Henry Kissinger, Judge Nicholas Evans said he was not “presently” able to draft a “suitably precise charge” based on the evidence submitted.
“This leaves open the possibility that he might issue a warrant in the future if I can produce stronger evidence against Kissinger”, said Mr Tatchell.
“It is now my intention to liaise with human rights lawyers and organisations in the United States, in order to obtain further evidence and witnesses. I hope to come back to court in a few months time and make a new application for Mr Kissinger’s arrest”.
“I bought this case because the Director of Public Prosecutions, David Calvert-Smith, has refused to prosecute Mr Kissinger”.
“Henry Kissinger was the chief architect of the indiscriminate US bombing of Vietnam, Laos and Cambodia from 1969-73, which resulted in three million civilians being killed, injured or made homeless. His actions are war crimes under the Geneva Conventions Act 1957”.
“It is the responsibility of the DPP to enforce the law without fear or favour. No one is above the law, not even Henry Kissinger. He may have escaped arrest this time, but my bid to have him prosecuted continues. Three million civilians are crying out for justice. If Slobodan Milosevic can stand trial for war crimes, why not Henry Kissinger?”, said Mr Tatchell.
Judge Nicholas Evans’s judgement, Bow Street Magistrates Court, London, 24 April 2002 :
REASONS for refusing to issue a warrant
“Despite Mr Tatchell’s representations to the contrary, I am satisfied that proceedings can only be instituted by or on behalf of the DPP…(but) it is within the power of this court to issue a warrant for Mr Kissinger’s arrest for an offence said to be contrary to Section 1 of the 1957 Act (the Geneva Conventions Act), even though proceedings for such an offence shall not be instituted except by or on behalf of the DPP.
“However, in the light of DPP’s letter dated 23 April 2002, in which the Director says:’I do not intend to institute proceedings for a prosecution in this case’, it would seem quite pointless my issuing a warrant even if I were so minded.
“I ought not to issue any summons / warrant unless I can draft a suitably precise charge. I can not presently do this on the information provided.
“Mr Tatchell has made his application courteously and with obvious sincerity. I do not doubt the strength of feeling in him and many others that justice requires that Mr Kissinger should face the allegations made against him in a court of law”, concluded Mr Evans.
* Peter Tatchell was Secretary of Christians for Peace and a member of the executive committee of the Vietnam Moratorium Campaign in Melbourne during the period when Australia was sending troops to fight alongside the US in Vietnam.