House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931
House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931

Author: Great Britain: Parliament: House of Commons: Defence Committee

Publisher: The Stationery Office

Published: 2014-04-02

Total Pages: 162

ISBN-13: 9780215070654

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UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.

The challenge of defending Britain
The challenge of defending Britain

Author: Michael Clarke

Publisher: Manchester University Press

Published: 2018-11-30

Total Pages: 151

ISBN-13: 1526128799

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A concise explanation of all the elements that make up current British defence policy as it goes through a major transition to confront the technological and political challenges Britain faces in the coming decade.

Military Justice
Military Justice

Author: White, Nigel D.

Publisher: Edward Elgar Publishing

Published: 2022-03-10

Total Pages: 392

ISBN-13: 1789902800

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While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.

Legal Accountability and Britain's Wars 2000-2015
Legal Accountability and Britain's Wars 2000-2015

Author: Peter Rowe

Publisher: Routledge

Published: 2016-04-20

Total Pages: 286

ISBN-13: 1317540328

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This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.

Intervention: Why, When and How - HC 952
Intervention: Why, When and How - HC 952

Author: Great Britain: Parliament: House of Commons: Defence Committee

Publisher: The Stationery Office

Published: 2014-04-28

Total Pages: 60

ISBN-13: 0215071697

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The Defence Committee says the Government must describe the circumstances in which the UK would intervene militarily in the future. A strategic and well-articulated vision of the UK's position in the world and the level of influence it is able to exert would lead to more rational decisions on whether or not to intervene as well as a better public understanding of the rationale for any such future decision. It would also assist in identifying the strategic objective of such operations, contributing to a more coherent UK foreign, defence and security policy. The Committee supports the Government's adoption of an "adaptable posture" in the 2010 Strategic Defence and Security Review. The threats to UK national security remain uncertain and unpredictable and it is important flexibility to deal with them is retained. The current main national security threat was from international terrorism, but the Committee calls on the Government to ensure that the next National Security Strategy gives due weight to the likelihood of a return to an increased threat of state versus state conflict. The Government needs to resolve the balance between Parliament's essential role as a strategic inquisitor on military deployments and the use of the Royal Prerogative in conflict decisions. The Government should commit to ensuring that a summary of the legal justification on military action is available to Parliament in advance of any debate. The Government should also set out how it intends to define and assess successful exit strategies and end states.

HC 994 - Afghanistan
HC 994 - Afghanistan

Author: Great Britain: Parliament: House of Commons: Defence Committee

Publisher: The Stationery Office

Published: 2014-05-13

Total Pages: 44

ISBN-13: 0215072006

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This report expresses the hope that the new President of Afghanistan will move swiftly to sign the Bilateral Security Agreement and Status of Forces Agreement in order to confirm the legal basis on which international forces will operate in Afghanistan post-2014. If a new ISAF Status of Forces Agreement is signed, in addition to the UK military training mission, other UK Government Departments will also be conducting activities in Afghanistan. The ability of these agencies to operate will be determined by what is likely to be an uneven security situation and there needs to be assurance that a cross government response to ensure a Comprehensive Approach to the work of all UK Government Departments and agencies in Afghanistan will be maintained. The potential for post election conflict in Afghanistan will be heavily influenced by the extent to which the unsuccessful candidates accept the results and the extent to which those who are successful are able to develop consent for Afghan security forces to secure the country to allow it to develop. Lasting peace in Afghanistan can only be achieved through a process of reconciliation with the Taliban. This particular Inquiry has examined the progress of withdrawal of UK forces and equipment, the expected assistance to the Afghan National Security Forces after 2014, the impact on Afghanistan of the new Government in Pakistan, and UK relations with Afghanistan and Pakistan after 2014

Boots on the Ground
Boots on the Ground

Author: Richard Dannatt

Publisher: Profile Books

Published: 2016-10-03

Total Pages: 599

ISBN-13: 1782831231

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On Lüneberg Heath in 1945, the German High Command surrendered to Field Marshall Montgomery; in 2015, seventy years after this historic triumph, the last units of the British Army finally left their garrisons next to Lüneberg Heath. Boots on the Ground is the story of those years, following the British Army against the backdrop of Britain's shifting security and defence policies. From the decolonisation of India to the two invasions of Iraq, and, of course, Ireland, the book tracks the key historical conflicts, both big and small, of Britain's transformation from a leading nation with some 2 million troops in 1945, to a significantly reduced place on the world stage and fewer than 82,000 troops in 2015. Despite this apparent de-escalation, at no point since WWII has Britain not had 'boots on the ground' - and with the current tensions in the Middle East, and the rise of terrorism, this situation is unlikely to change. Sir Richard Dannatt brings forty years of military service, including as Chief of Staff, to tell the fascinating story of how the British Army has shaped, and been shaped by, world events from the Cold War to the Good Friday Agreement. Whether examining the fallout of empire in the insurgencies of Kenya and Indonesia, the politically fraught battle for the Falklands, the long-standing conflict in Ireland or Britain's relationship with NATO and experience of fighting with - or for - America, Dannatt examines the complexity of perhaps the greatest British institution.

Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry
Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry

Author: Mid Staffordshire NHS Foundation Trust Public Inquiry

Publisher: The Stationery Office

Published: 2013-02-06

Total Pages: 126

ISBN-13: 9780102981476

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This public inquiry report into serious failings in healthcare that took place at the Mid Staffordshire NHS Foundation Trust builds on the first independent report published in February 2010 (ISBN 9780102964394). It further examines the suffering of patients caused by failures by the Trust: there was a failure to listen to its patients and staff or ensure correction of deficiencies. There was also a failure to tackle the insidious negative culture involving poor standards and a disengagement from managerial and leadership responsibilities. These failures are in part a consequence of allowing a focus on reaching national access targets, achieving financial balance and seeking foundation trust status at the cost of delivering acceptable care standards. Further, the checks and balances that operate within the NHS system should have prevented the serious systemic failure that developed at Mid Staffs. The system failed in its primary duty to protect patients and maintain confidence in the healthcare system. This report identifies numerous warning signs that could and should have alerted the system to problems developing at the Trust. It also sets out 290 recommendations grouped around: (i) putting the patient first; (ii) developing a set of fundamental standards, easily understood and accepted by patients; (iii) providing professionally endorsed and evidence-based means of compliance of standards that are understood and adopted by staff; (iv) ensuring openness, transparency and candour throughout system; (v) policing of these standards by the healthcare regulator; (vi) making all those who provide care for patients , properly accountable; (vii) enhancing recruitment, education, training and support of all key contributors to the provision of healthcare; (viii) developing and sharing ever improving means of measuring and understanding the performance of individual professionals, teams, units and provider organisations for the patients, the public, and other stakeholders.