House of Commons - UK Armed Forces Personnel and the Legal Framework for Future Operations

Defence Committee - Twelfth Report
UK Armed Forces Personnel and the Legal Framework for Future Operations

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 26 March 2014.

Contents

Terms of Reference

Conclusions and recommendations

1 Introduction

Evidence

Background

Importance of the legal framework to military operations

'Lawfare'

2 Growing legal challenges—the problem

The origins of the legal difficulties facing the MoD and the Armed Forces

Conflict between International Humanitarian Law and human rights law

Nature of conflicts

Working in coalition

Why the MoD needs to address the challenges

Impact on the operation of the Armed Forces

The time is right

3 Human rights law and International Humanitarian Law

Human Rights Law and the European Convention on Human Rights

The law as it relates to insurgents/combatants/civilians

Deaths in Iraq—Al Skeini

Detention in Iraq—Al Jedda

Afghanistan

Use of legal aid and judicial review

Work to improve arrangements for detaining people for security reasons

Human rights law, duty of care and members of the Armed Forces

June 2013 Supreme Court Judgment

4 Possible ways forward

New legislation

Crown Proceedings Act

Derogation

Clearly defined UN resolutions

Other options

5 New developments

New forms of conflict

Cyber

New weapons

Remotely Piloted Air Systems

Automated and autonomous weapons

6 Practical questions for the Armed Forces

International developments and organisations

Training, manuals and the MoD legal service

Training

Manuals

MoD and Armed Forces legal services

The public and the media

Conclusions

Formal Minutes

List of printed written evidence

List of Reports from the Committee in Session 2013-14

Written evidence