This Note looks at some of the issues raised by legal challenges to the Armed Forces.
Debate on 7 November: The Armed Forces and Legal Challenge (357KB PDF)
In June 2013, the Supreme Court ruled that British servicemen deployed overseas could fall within UK jurisdiction for the purposes of the European Convention on Human Rights (ECHR). In October 2013, the Policy Exchange think tank published a report which argued that such “legal mission creep” could “paralyse the effectiveness of the military”. This Note looks at some of the issues raised. It examines both the obligations of UK armed forces deployed overseas to local civilians and the Government’s obligations to members of the armed forces, particularly regarding the extraterritorial application of the ECHR. It also considers the prospects for change in the legal frameworks that apply to the military, including the possibility of derogation from the ECHR.
Debate on 7 November: The Armed Forces and Legal Challenge (357KB PDF)
The UK is a signatory to the convention establishing an international claims commission for Ukraine. The commission would assess claims for compensation for damage and losses caused by Russia’s full-scale invasion of Ukraine in 2022. The House of Lords International Agreements Committee has broadly welcomed the convention, but also raised concerns about the scope and efficacy of the commission.
The National Security (State Threats) Bill would create new powers for the home secretary to designate bodies engaged in state threat activity, equivalent to the proscription of terrorist organisations under the Terrorism Act 2000. The bill would create three new offences associated with designation of supporting, assisting, or receiving material benefit from a designated body. These offences would carry sentences of up to 14 years’ imprisonment.
Recent tensions in Bosnia and Herzegovina have raised concerns about stability and security in the country, particularly due to reports of external influence and recent secessionist rhetoric in Republika Srpska. This briefing outlines recent developments, international responses and the UK government’s position on Bosnia and Herzegovina ahead of a House of Lords debate on the subject.
