The Lords made extensive amendments to the Overseas Operations (Service Personnel and Veterans) Bill, including removing a six-year time limit for civil claims against the Ministry of Defence (MoD); excluding war crimes and genocide from the presumption against prosecution; and adding a clause to impose a duty of care on the Ministry of Defence for veterans and service personnel involved in investigations and litigation relating to overseas operations.
The bill returned to the House of Commons this week, with the government expected to mount a staunch defence.
Amnesty International UK director Kate Allen has called on MPs to ‘drop the bill altogether’.
A YouGov Direct poll commissioned by the Law Society, and published this week, found the public overwhelmingly (96%) backs the British military being held to the same (71%) or higher (25%) legal standards as the average citizen. 94% of people said they think it is important the UK is seen as a country which upholds the law.
Law Society president I Stephanie Boyce said: ‘The UK is obliged by international law to investigate and prosecute well-evidenced serious offences committed during overseas operations.
‘No other serious crime, let alone crimes against humanity or torture, has a limitation period and no exception should be introduced. If the UK is seen to set itself outside internationally agreed standards, it risks fuelling a culture of impunity, undermining its global standing, its ability to hold other states to account and longstanding international cooperation practices.’
Boyce said the proposal to put a time limit on compensation claims against the MoD could prevent Armed Forces personnel, other MoD employees and civilians getting compensation for injuries and medical conditions caused by military activities. She said: ‘We believe this would be a gross injustice both to those who have dedicated their lives to their country and to innocent victims.’
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