The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other

‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’

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Each Other, 12th January 2021

Source: eachother.org.uk

Former British Army soldier jailed for terror offences and extreme pornography – The Independent

Posted December 17th, 2020 in armed forces, news, pornography, sentencing, terrorism by tracey

‘A former British soldier has been jailed for terror offences after sharing military documents that caused a “significant” national security risk.’

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The Independent, 17th December 2020

Source: www.independent.co.uk

Army Cadet leader jailed for nine years for sex offences against boys – The Independent

Posted November 26th, 2020 in armed forces, child abuse, guilty pleas, news, sentencing, sexual offences by tracey

‘A former Army Cadet leader has been jailed for nine years after pleading guilty to child sex offences committed between 1981 and 1991.’

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The Independent, 25th November 2020

Source: www.independent.co.uk

Harry Dunn death: family begins court case against Foreign Office – The Guardian

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

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The Guardian, 11th November 2020

Source: www.theguardian.com

Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette

‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’

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Law Society's Gazette, 30th October 2020

Source: www.lawgazette.co.uk

Fijian-born British soldiers lose latest legal fight to stay in UK – The Guardian

Posted October 27th, 2020 in armed forces, citizenship, immigration, judicial review, medical treatment, news by sally

‘Eight Fijian-born soldiers who served with the British army in Iraq and Afghanistan have been rebuffed in their initial attempt to seek a judicial review of the handling of their immigration claims.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org

Sex offence case ‘failings’ by military prosecutor – BBC News

‘A military prosecutor has been accused of serious failings in his handling of sexual assault and rape cases.’

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BBC News, 21st October 2020

Source: www.bbc.co.uk

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