Contents
The threat posed by ISIL/Da’esh
The implications of drone technology
The importance of the rule of law
The risk of criminal prosecution
The Government’s engagement with our inquiry
Conflicting messages about “armed conflict”
The significance of the constitutional convention to consult Parliament
Lethal force abroad outside of armed conflict
The Government’s understanding of the legal position
The right of self-defence in international law
Other relevant international law frameworks
When does the Law of War apply?
What does the Law of War require?
The US and UK positions on the applicability of the Law of War
The European Convention on Human Rights (“ECHR”)
ECHR may require the use of lethal force to protect life
Flexibility inherent in concepts of necessity and proportionality
The legal basis for UK support of US lethal force outside armed conflict
The Government’s account of the process
Concerns about the transparency of the current process
Clarifications needed about the decision-making process
Implications of the ECHR applying
The Investigatory Powers Tribunal
The Intelligence and Security Committee
6 Developing international consensus
The international rule of law dimension
The UK’s lack of international engagement to date
Conclusions and recommendations
Declaration of Lords’ interests
List of Reports from the Committee during the current Parliament
Annex 1: The Relevant Legal Frameworks
Annex 2: Flowcharts for assessing the lawfulness of the use of lethal force abroad
Annex 3: Law of War and Human Rights Law compared
9 May 2016