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You might have read this morning about the Overseas Operations (Service Personnel And Veterans) Bill.
See below for a quick explainer, and why some are concerned that this Bill will effectively protect individuals who committed war crimes.
See below for a quick explainer, and why some are concerned that this Bill will effectively protect individuals who committed war crimes.
The Government's objective is reducing spurious claims of criminality against service personnel, often accusations of outright war crimes.
There is some evidence that a large amount of claims against veterans are spurious or at the very least weak https://commonslibrary.parliament.uk/research-briefings/cbp-8983/
There is some evidence that a large amount of claims against veterans are spurious or at the very least weak https://commonslibrary.parliament.uk/research-briefings/cbp-8983/
BUT the Bill would essentially create a presumption of innocence for any ex/soldier. Essentially, making veterans the most protected group in the British legal system.
This will make it even more difficult for potential victims to even bring a case forward, never mind win.
This will make it even more difficult for potential victims to even bring a case forward, never mind win.
There is a risk of violation of the the UN Convention Against Torture and the European Convention on Human Rights (ECHR).
The UK is legally obliged to investigate and prosecute alleged offences such as torture, and the presumption against prosecution blocks this possibility.
The UK is legally obliged to investigate and prosecute alleged offences such as torture, and the presumption against prosecution blocks this possibility.
Minister for Veterans @JohnnyMercerUK has criticised the old practice "where we hand all our soldiers off to the human rights lawyers.”
Others are less keen to dismiss the role of human rights lawyers, including the Law Society https://www.lawsociety.org.uk/topics/human-rights/parliamentary-briefing-overseas-operations-bill-house-of-commons-second-reading
Others are less keen to dismiss the role of human rights lawyers, including the Law Society https://www.lawsociety.org.uk/topics/human-rights/parliamentary-briefing-overseas-operations-bill-house-of-commons-second-reading
