header-logo header-logo

12 April 2024 / Mark Pawlowski
Issue: 8066 / Categories: Features , Military
printer mail-detail

Natural law: acting under orders

167808
Even in times of uncivilised warfare, natural law matters—as shown so vividly in Breaker Morant and other classic movies, writes Mark Pawlowski

In the film Breaker Morant (1980), based on an actual historical event, three Australian soldiers are accused of murdering enemy prisoners during the Boer War. The film charts the circumstances of the incident and subsequent court-martial leading to the eventual verdict and subsequent fate of the three men.

Lord Kitchener, the commander-in-chief of British and colonial forces at the time, created the Bushveldt Carbineers as a special unit within the British Army in South Africa. The Carbineers were to use the commando tactics deployed by the Boer guerrillas. When Lieutenants Harry Morant, Peter Handcock and George Witton executed Boer prisoners and a German missionary, Lord Kitchener ordered their arrest and convened a court-martial in February 1902.

They were tried on three capital counts. Counts 1 and 2 charged all three with the murder of Boers taken as prisoners of war. One, named Visser, was captured in a raid wearing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll