Category: armed forces

Regina (Hussein) v Secretary of State for Defence – WLR Daily

Posted August 5th, 2014 in armed forces, assault, international law, judicial review, law reports, treaties, war by sally

Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361

‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog

Posted July 28th, 2014 in armed forces, duty of care, human rights, immunity, inquests, inquiries, Iraq, news by sally

‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’

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UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

New Deepcut inquest to be held into death of Cheryl James – BBC News

Posted July 18th, 2014 in armed forces, human rights, inquests, news, young persons by tracey

‘A new inquest has been ordered into the death of soldier Pte Cheryl James at Deepcut barracks in Surrey.’

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BBC News, 18th July 2014

Source: www.bbc.co.uk

Lee Rigby killer Michael Adebowale allowed to appeal – BBC News

Posted July 16th, 2014 in appeals, armed forces, murder, news, sentencing by tracey

‘Michael Adebowale, who was given a 45-year prison sentence for the murder of soldier Lee Rigby, has been given permission to appeal against his sentence.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

British soldier with mental disorder extradited to US – The Guardian

Posted July 4th, 2014 in armed forces, extradition, fraud, news, post-traumatic stress disorder by tracey

‘A British soldier with post-traumatic stress disorder said he had been disowned by the British government as he was extradited to the United States on Thursday.’

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The Guardian, 3rd July 2014

Source: www.guardian.co.uk

Chilcot report into 2003 Iraq conflict delayed further – The Guardian

Posted June 27th, 2014 in armed forces, inquiries, Iraq, news by tracey

‘The Chilcot inquiry, which is expected to contain damning criticism of the way Tony Blair and his close advisers led Britain into war against Iraq, is unlikely to be published until next year, the Guardian has learned.’

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The Guardian, 26th June 2014

Source: www.guardian.co.uk

‘Monster’ sergeant major jailed for sexually assaulting lesbian soldier – Daily Telegraph

Posted June 13th, 2014 in armed forces, courts martial, news, sentencing, sexual offences by sally

‘A “monster” sergeant major has been jailed for two-and-a-half years for sexually assaulting a lesbian soldier following a drink-fuelled party, in an attack which left her considering suicide.’

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Daily Telegraph, 12th June 2014

Source: www.telegraph.co.uk

Emily MacKenzie: The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence – UK Constitutional Law Association

Posted June 3rd, 2014 in Afghanistan, armed forces, detention, human rights, international law, news, time limits, treaties, United Nations by sally

‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’

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UK Constitutional Law Association, 2nd June 2014

Source: www.ukconstitutionallaw.org

Unlawful detention overseas: is it time to review operations? – Halsbury’s Law Exchange

Posted May 27th, 2014 in Afghanistan, appeals, armed forces, detention, human rights, international law, news, treaties by sally

‘Mohammed v Ministry of Defence and other claims raised the question of whether the UK Government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 (HRA 1998) and (b) under the law of Afghanistan. The Queen’s Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights (ECHR).’

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Halsbury’s Law Exchange, 27th May 2014

Source: www.halsburyslawexchange.co.uk

MoD denies access to files for Deepcut soldier’s family – The Guardian

Posted May 27th, 2014 in armed forces, disclosure, evidence, freedom of information, news, suicide by sally

‘The family of a teenage soldier who died after being shot twice in the head at the Deepcut barracks have been denied access to a cache of files they believe could shed light on his death, the Guardian can reveal.’

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The Guardian, 26th May 2014

Source: www.guardian.co.uk

Marine loses appeal against murder conviction – The Guardian

Posted May 23rd, 2014 in Afghanistan, appeals, armed forces, courts martial, murder, news by sally

‘A Royal Marine found guilty of murdering a badly injured Taliban insurgent has lost his fight to clear his name.’

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The Guardian, 22nd May 2014

Source: www.guardian.co.uk

Coroner criticises MoD over Afghanistan fire deaths – BBC News

Posted May 23rd, 2014 in armed forces, fire, health & safety, inquests, news by sally

‘A coroner has criticised the MoD for a series of failures over the deaths of two soldiers in a fire as they slept in a tent at Camp Bastion in Afghanistan.’

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BBC News, 22nd May 2014

Source: www.bbc.co.uk

Former sniper Danny Nightingale loses bid to overturn conviction – BBC News

Posted May 21st, 2014 in appeals, armed forces, courts martial, firearms, news, suspended sentences by tracey

‘Former SAS sniper Danny Nightingale has lost his latest bid against his conviction for illegally possessing a gun and ammunition.’

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BBC News, 20th May 2014

Source: www.bbc.co.uk

Judge calls for action to help soldiers sufering PTSD as he spares veteran – Daily Telegraph

Posted May 19th, 2014 in Afghanistan, armed forces, assault, community service, judges, news, post-traumatic stress disorder by sally

‘Judge warns increasing numbers of soldiers suffering post traumatic stress disorder are coming before the courts as he says “I don’t think we give enough credit to the men who are prepared to lay down their lives on a daily basis for us.”‘

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Daily Telegraph, 19th May 2014

Source: www.telegraph.co.uk

ICC to examine claims that British troops carried out war crimes in Iraq – The Guardian

Posted May 14th, 2014 in armed forces, international courts, Iraq, news, standards, unlawful killing, war crimes by sally

‘Allegations that British troops were responsible for a series of war crimes after the invasion of Iraq are to be examined by the international criminal court (ICC) at The Hague, the specialist tribunal has announced.’

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The Guardian, 13th May 2014

Source: www.guardian.co.uk

Gulf War soldier takes on MoD over vaccines – BBC News

Posted May 6th, 2014 in armed forces, legal aid, medical treatment, news, vaccination by tracey

‘A soldier has won legal aid in his fight to find out what the Ministry of Defence knew of the health risks of the vaccinations given to troops ahead of the first Gulf War.’

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BBC News, 3rd May 2014

Source: www.bbc.co.uk

Detention ruling shackles troops, says Philip Hammond – Daily Telegraph

Posted May 6th, 2014 in armed forces, detention, news by tracey

‘The detention policy used by the Armed Forces in Afghanistan was unlawful, the High Court has said. After the ruling, Philip Hammond, the Defence Secretary, said the decision would tie the hands of soldiers abroad.’

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Daily Telegraph, 3rd May 2014

Source: www.telegraph.co.uk

‘Moronic’ hoaxer Joshua Bonehill-Paine spared jail – BBC News

Posted April 28th, 2014 in armed forces, community service, immigration, malicious communications, news, sentencing by sally

‘A “moronic” hoaxer who claimed a pub had banned military personnel to avoid offending the immigrant population has been given a community order.’

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BBC News, 25th April 2014

Source: www.bbc.co.uk

Marine Al Blackman appeals against conviction for killing Afghan – BBC News

Posted April 10th, 2014 in appeals, armed forces, courts martial, murder, news, sentencing by sally

‘A Royal Marine jailed for life for murdering an injured Taliban insurgent in Helmand in 2011 is appealing against his conviction and sentence.’

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BBC News, 10th April 2014

Source: www.bbc.co.uk

Lee Rigby killer Michael Adebolajo appeals against whole-life sentence – The Guardian

Posted April 9th, 2014 in appeals, armed forces, murder, news, sentencing by sally

‘One of the two murderers of soldier Lee Rigby has launched an appeal against his whole-life prison term, the Judicial Office has confirmed.’

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The Guardian, 8th April 2014

Source: www.guardian.co.uk