Case Explained: Keir Starmer to be accused of committing ‘crime against humanity’ in surrendering territory – Legal Perspective

Legal representatives for four islanders who travelled back to their ancestral homeland in February will argue that compelling the Chagossian population to abandon their native territory amounts to “genocide” under international legal definitions, reports The Independent.

The group, headed by Misley Mandarin, the first minister of the Chagossian government in exile, currently remains on the islands under an injunction blocking their removal.

One member of the party was actually born on the archipelago.

James Tumbridge, the solicitor representing the Chagossians, has submitted court papers asserting that expelling the islanders from their homeland for a second time constitutes “a crime against humanity”.

His legal submission references a formal communication lodged with the International Criminal Court prosecutor, which contends that the “crime against humanity of deportation” is being perpetrated through the ongoing exclusion of Chagossians from their territory.

Swiss-based lawyer Elodie Tranchez filed the complaint with both the ICC and the UN Committee for Elimination of Racial Discrimination, stating: “It is an offence against the law of England and Wales for a person to commit genocide, a crime against humanity or a war crime.”

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Mr Tumbridge’s papers note that Chagossians have lived in exile since British authorities forcibly expelled them between the mid-1960s and 1973.

The Maldives is simultaneously preparing its own legal challenge to the sovereignty transfer, asserting that its territorial claims to the archipelago supersede those of Mauritius.

President Mohamed Muizzu’s government has declared it is examining “all lawful avenues available” to prevent the handover from proceeding.

A Maldivian foreign ministry spokesman confirmed the country is undertaking a thorough legal assessment in consultation with international experts, though formal proceedings at the International Court of Justice have not yet been initiated.

The spokesman stated: “The Government of the Republic of Maldives remains committed to protecting and advancing the sovereign rights and maritime interests of the Maldivians in accordance with international law.”

Diplomatic correspondence objecting to the arrangement was sent to London in November 2024 and again in January 2026.

Former Maldivian attorney general Azima Shakoor insisted: “Chagos is our land and it should be returned to us.”

The Foreign Office declined to address the ongoing legal proceedings directly, with a spokesman dismissing the Chagossians’ return as a “stunt” that “puts lives at risk and does not help anyone.”

Officials maintain that nobody may enter the islands without proper authorisation, regardless of their heritage or citizenship.

Labour’s £35billion agreement to cede sovereignty while leasing back the Diego Garcia military base for 99 years has been suspended following Donald Trump’s withdrawal of American support.

Washington harbours concerns that Mauritius may be negotiating with Beijing to establish a Chinese presence on the islands, which would compromise the strategic value of the joint UK-US airbase.

Shadow Foreign Secretary Dame Priti Patel branded the situation “a total embarrassment” for Britain internationally.