Background: Key human rights issues at stake
Summary of the key elements of the Bill
Duty to consider derogation from the European Convention on Human Rights: Clause 12
Amendments to the Human Rights Act 1998
2 The adequacy of Ministry of Defence investigations
The investigations, litigation and inquiries
Inadequacy of Ministry of Defence investigations
3 Presumption against prosecution for offences after a 5-year period: Clauses 1–7
Is there a problem with prosecutions?
Should certain defendants have special protection from prosecution?
The Bill risks members of the Armed Forces being prosecuted before the International Criminal Court
Requirement for the consent of the Attorney General
The presumption treats victims differently
4 Limitation period for Human Rights and civil claims
Limitation period for human rights claims: Clause 11
Risks of a lack of access to justice and an effective remedy
Compatibility with human rights obligations
Litigating the mental health of witnesses
Existing powers for dealing with unmeritorious or vexatious claims or practices
Role of the Solicitors Regulatory Authority in regulating solicitors
5 Duty to consider derogating from the ECHR: Clause 12
The legal framework for derogating under Article 15 ECHR
Meaning of “war” and “significant operations overseas”
What rights might be derogated from in respect of an overseas operation?
Parliamentary scrutiny of any derogation
6 Wider implications of the Bill on military operations
Impact on the reputation of the Armed Forces
Impact on the human dimension of warfare and developing trust with local civilian populations
Impact on the UK’s international reputation
Conclusions and recommendations
Appendix: Available litigation statistics
List of Reports from the Committee during the current Parliament
Published: 29 October 2020