A Threat to Due Process—The War Crimes Act 1991

Abstract

In Act One of ‘A Man for all Seasons’, Robert Bolt’s play about Thomas More’s pilgrimage to martyrdom, More’s impetuous son-in-law, William Roper, argues that the Devil does not deserve benefit of law. In the course of the discussion More pushes Roper into the stark claim that obstacle to the conviction of the Devil must be overcome, even if it meant failing to follow due process of law. Roper, in his hunger and thirst for justice, declares that he is prepared to tear down every law in England in so worthy a cause. More, with his finely-tuned jurisprudential mind, answers him: And when the last law was down and the Devil turned on you—where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast—Man’s laws, not God’s—and if you cut them down—and you’re just the man to do it, d’you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake’. (Robert Bolt, A Man for All Seasons, 1960, Act I)In this passage from Bolt’s play More focusses some of the issues raised by the recent War Crimes Act, which obtained the Royal Assent on 9 May 1991.’ The Act’s long title states that its purpose is ‘to confer jurisdiction on United Kingdom courts in respect of certain grave violations of the laws and customs of war in German-held territory during the Second World War.’