Starmer to be accused of ‘crimes against humanity’ in legal challenge to Chagos deal
Keir Starmer will be accused of “crimes against humanity” in a legal challenge against his controversial deal to cede the Chagos Islands to Mauritius.
The UK prime minister, who has made a career as a human rights lawyer, is preparing to turn the tables on himself in court by the native Chagossians in an increasingly worrying legal and diplomatic nightmare over his plan to cede sovereignty to the Indian Ocean islands.
The case, scheduled to be heard this month, claims that forcing the Chagossian people to leave their homeland could be considered an act of “genocide.”
It comes as Maldives President Mohamed Muizzu said he intends to legally challenge the treaty dispute over Mauritius’ claim to be the rightful owner of the islands that host the vital Diego Garcia air base for the UK-US.
Sir Keir had previously insisted he had no choice but to hand over the islands to Mauritius because of the International Court of Justice’s ruling, but critics had noted that the UK was immune from International Court of Justice (ICJ) rulings regarding the Commonwealth and its territories.
This withdrawal also applies to other aspects of international law, including the International Law of the Sea, on which the government relies to justify the Mauritius agreement.
And with Donald Trump effectively vetoing Sir Keir’s deal with Mauritius, the plan to hand over the islands and £35bn of British taxpayer money to lease back the air base has been put on hold.
The US president is believed to be concerned about the security of the air base; There is intelligence in the US and UK that Mauritius is negotiating with China to allow it to have a presence on the islands, rendering Diego Garcia useless.
But Sir Keir’s government meanwhile faces a day in court on March 13 over its attempts to evict four Chagossians, led by Misley Mandarin, the government-in-exile’s first minister, who returned to the island in February and including one who was born there.
There is currently an injunction in place preventing the removal of four men who accompanied former MP Adam Holloway, who is also a former military officer.
But the judge will also hear a legal challenge to the Chagos treaty with Mauritius, based on the rights of Chagossians to resettle there and administer the islands under British protectorate.
Lawyer James Tumbridge, acting on behalf of the four Chagossians, argued in papers submitted to the judge that removing the islanders from their indigenous homes for a second time was a “crime against humanity”.
In his submission, he referred to a communication submitted to the prosecutor of the International Criminal Court (ICC), which explained the background and stated that the “crime against humanity of deportation” was committed by the continued exclusion of the Chagossian people from their homeland.
Swiss lawyer Elodie Tranchez presented the claim to the ICC and the UN Committee on the Elimination of Racial Discrimination, noting: “It is against the law of England and Wales for a person to commit genocide, crimes against humanity or war crimes.”
One of the definitions of “genocide” is the denial of access to indigenous people to their homeland.
Mr Tumbridge noted: “Chagos Islanders have been in exile since they were forcibly removed from the Chagos Islands by British authorities from the mid-1960s to 1973. This illegal act (and crime against humanity) was committed following the separation of the islands from the administrative Colony of Mauritius before Mauritius was granted independence in March 1968.”
He will argue that Britain’s claim that the islanders could not return for security reasons ended with the agreement with Mauritius last year.
The application states: “In the past, forced removals have been sought to be justified and sustained on national security grounds. It is important that this be acknowledged because there has been a fundamental shift towards the recognition that settlement of the outer islands is not incompatible with the military base on Diego Garcia (and indeed this has not rightly been relied upon as a justification for the decisions taken in these proceedings).
“Policy change,” he says [comes about] resettlement if the islands are transferred to Mauritius [of the islands] It is foreseen in this regulation.”
Meanwhile, the Maldives is preparing to launch its own legal challenge and is considering “all available legal remedies” to stop the transfer.
Maldives foreign ministry spokesperson said: Telegram: “The Government of the Republic of Maldives is committed to protecting and promoting the sovereign rights and maritime interests of the Maldivians in accordance with international law.
“At this time, the Maldives has not formally initiated proceedings at the International Court of Justice (ICJ) against any state regarding its sovereignty over the Chagos Archipelago. We are currently exploring our options. We are conducting a comprehensive legal review and consultations with international legal experts and relevant local authorities are ongoing.”
Independent He approached the Ministry of Foreign Affairs for comment.
