ICJP sends submission to UN Special Rapporteur on Torture on shortcomings in UK law, which allow Israeli torture suspects off the hook
Geneva/London, 16th May 2025 – The International Centre of justice for Palestinians has submitted evidence to the UN Special Rapporteur on Torture, following her call for input on ‘Global Trends and Developments on Torture’. In particular, the submission focuses on shortcomings in UK law, which provide loopholes to Israelis and other individuals suspected of committing torture.
The submission focuses on the Criminal Justice Act 1988 (CJA88), and highlights how the legislation is inadequate and inconsistent with the UK’s obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment2 (“UNCAT”), which was ratified by the UK in 1988.
ICJP’s evidence shows how the Criminal Justice Act has too narrow a definition of torture and allows defences to torture that are incompatible with international law. It also demonstrates how the prosecution process is overly politicised.
Unlike countries such as Switzerland, Germany and France, the UK requires the consent of the Attorney General to proceed with prosecutorial action, meaning that politics may interfere with legal accountability measures. This happened in 2009, when then-Israeli Foreign Minister Tzipi Livni was shielded from legal process in the UK on grounds of special missions’ immunity, despite credible allegations of her involvement in war crimes.
Meanwhile, the Criminal Justice Act also allows for torture suspects to establish their defence if the country in which they perpetrated torture did not have robust laws against it. By allowing these loopholes, UK law lowers its standards to those of foreign legal systems that fail to criminalise torture adequately. It essentially provides loopholes that allows suspected perpetrators of torture to escape prosecution for their crimes. This is especially significant in countries such as Israel, where torture of Palestinian detainees/hostages is widespread, as evidenced by Israeli human rights organisations such as B’Tselem, in their report Welcome to Hell.
The UN Special Rapporteur issued the call for input ahead of a forthcoming report that will be presented at the 80th session of the United Nations General Assembly in October 2025.
ENDS
Notes to Editors
- ICJP is a legal organisation based in London, working to uphold international law and defend the rights of Palestinians.
- Welcome to Hell: The Israeli Prison System as a Network of Torture Camps. – B’Tselem.
- For more information or for media inquiries, please contact the ICJP news desk at press@icjpalestine.com