Folk Heroes, Villains and the Overseas Operations Bill — Conall Mallory – UK Human Rights Blog

Posted October 13th, 2020 in armed forces, bills, limitations, news, prosecutions by sally

‘The Overseas Operations Bill (‘OOB’) aims to prevent what the government has long termed as ‘vexatious legislation’ being brought against members of the UK’s armed forces for their conduct in engagements abroad.’

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UK Human Rights Blog, 12th October 2020

Source: ukhumanrightsblog.com

Government to review Human Rights Act – Law Society’s Gazette

‘Lord chancellor Robert Buckland has revealed that the government is to commission an independent review of the Human Rights Act.’

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Law Society's Gazette, 7th October 2020

Source: www.lawgazette.co.uk

Bethany Shiner and Tanzil Chowdhury: The Overseas Operation (Service Personnel and Veterans) Bill and Impunity of the British State – UK Constitutional Law Association

‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’

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UK Constitutional Law Association, 22nd September 2020

Source: ukconstitutionallaw.org

A Force to be Reckoned with by John Bowers QC – Littleton Chambers

Posted September 1st, 2020 in armed forces, homosexuality, human rights, news by sally

‘In his article “A Force to be Reckoned with” for the New Law Journal, John Bowers QC reflects on 20 years since the ground breaking case that lifted the ban on gay men and women serving in the military. John acted for one of the applicants in this case, alongside David Pannick QC, Laura Cox, the late Peter Duffy and others.’

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Littleton Chambers, 20th August 2020

Source: littletonchambers.com

Judge calls for rape law review after clearing Army major ‘too drunk to remember sex’ – Daily Telegrph

Posted August 13th, 2020 in alcohol abuse, armed forces, courts martial, news, rape by sally

‘Parliament should review the law around rape cases where neither party can remember having sex, a military judge has suggested after clearing an Army major of attacking a female Captain.’

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Daily Telegraph, 12th August 2020

Source: www.telegraph.co.uk

UK plan to use navy to stop migrant crossings is unlawful, lawyers warn – The Guardian

‘Priti Patel’s plans to use the navy to tackle the growing number of migrants crossing the Channel from northern France would be unlawful and dangerous, lawyers have warned.’

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The Guardian, 7th August 2020

Source: www.theguardian.com

Ministry of Defence reviews civil rights policy in armed forces after Navy base bans ‘taking the knee’ – The Independent

Posted July 2nd, 2020 in armed forces, demonstrations, minorities, news by tracey

‘The Ministry of Defence is reviewing policy on how members of the armed forces can show solidarity with the fight for black civil rights after “taking the knee” was banned at a military base.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

Iraq veterans urged to join group action against MoD – Litigation Futures

‘Claims on behalf of British soldiers falsely accused of brutality and abuses against Iraqi civilians have added to this week’s rush of group actions.’

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Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

Military mettle – Law Society’s Gazette

Posted June 22nd, 2020 in armed forces, coronavirus, legal profession, legal services, news by sally

‘ “Warfare no longer looks like a tank driving over a battlefield,” says the head of Army Legal Services. These days lawyers are on the frontline – in every sense.’

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Law Society's Gazette, 22nd June 2020

Source: www.lawgazette.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Iraq war: All but one war crimes claim against British soldiers dropped – BBC News

Posted June 2nd, 2020 in armed forces, Iraq, news, prosecutions, war crimes by sally

‘British soldiers who have been accused of committing war crimes in Iraq are unlikely to face criminal prosecution.’

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BBC News, 2nd June 2020

Source: www.bbc.co.uk

Roberts Case Summary – No. 5 Chambers

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

Why British Troops Must Not Be Placed Above The Law – Each Other

Posted May 28th, 2020 in armed forces, bills, news, time limits, torture, war crimes by sally

‘The outbreak of Covid-19 has demonstrated how quickly our established ideas and normalised ways of thinking can be changed. Work that was called ‘low-skilled’ is now recognised as ‘essential’, the nation has hailed nurses as ‘heroes’, and face masks are a part of routine life.’

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Each Other, 22nd May 2020

Source: eachother.org.uk

Lawyers deny British army to blame for veterans’ illegal immigrant status – The Guardian

‘Government lawyers have rejected a claim brought by eight Commonwealth army veterans, dismissing their allegations that, on discharge, officials failed to assist them with complex, unaffordable immigration rules, leaving them classified as illegal immigrants.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Women launch legal action to stop military courts trying UK rape cases – The Guardian

‘Three women serving in the armed forces have begun legal action aimed at preventing the military courts from trying UK rape cases, complaining that the conviction rate is five to six times lower than in civilian courts.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims – Oxford Human Rights Hub

Posted April 8th, 2020 in armed forces, bills, compensation, human rights, news, time limits, war crimes by sally

‘On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including under the European Convention on Human Rights (ECHR).’

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Oxford Human Rights Hub, 6th April 2020

Source: ohrh.law.ox.ac.uk

Bill sets five-year limit to prosecute UK armed forces who served abroad – The Guardian

‘A five-year time limit on bringing prosecutions against soldiers and veterans who have served abroad – except in “exceptional circumstances” – is to be imposed under legislation introduced by the government.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Windrush man who served in British army for nine years told there is no record of him – The Independent

Posted January 23rd, 2020 in armed forces, citizenship, colonies, compensation, loans, news by tracey

‘A Windrush man who was told the UK government had no record of him despite having spent nearly a decade serving in the British army says he is struggling to obtain compensation two years on.’

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The Independent, 23rd january 2020

Source: www.independent.co.uk

Racism in UK military: only six people found guilty at court martial in past five years – The Guardian

‘Just over 17% of racially aggravated crimes investigated by military police over the past five years resulted in guilty verdicts at court martial, it has emerged, as the armed forces faces new pressure over claims it is failing black and Asian service personnel.’

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The Guardian, 7th January 2020

Source: www.theguardian.com