header-logo header-logo

01 September 2016 / Tom Coke-Smythe , Philip Evans KC
Issue: 7712 / Categories: Opinion , Human rights
printer mail-detail

War & peace: military law & human rights

Philip Evans QC & Tom Coke-Smyth discuss the importance of applying the rule of law to the military

The news last month that Public Interest Lawyers, the firm which brought a host of discredited cases alleging abuse by British serviceman in Iraq, is to be wound up has been met with applause by the press and service community. These claims culminated in the Al Sweady Inquiry which considered allegations of war crimes and abuse by British troops in Iraq in 2004. The allegations were found to be “baseless” and claims of torture and murder were “wholly without foundation” and “entirely the product of deliberate lies, reckless speculation and ingrained hostility” from some Iraqi witnesses. It has prompted calls for the suspension of the European Convention on Human Rights (ECHR) on the “battlefield” and a general attack on lawyers meddling or challenging affairs involving “war”. That reaction is understandable; however, it would be an enormous mistake to conclude that the law only interferes with the military doing its

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll