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

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

Birketts—Duncan Reed

Birketts—Duncan Reed

Regulatory and corporate defence team expands with Bristol partner hire

NEWS
Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
back-to-top-scroll