Military Legal News |
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| Rape case to force US defence firms into the open | |||
| Senate passes measure prompted by case of woman prevented from suing over alleged rape by Halliburton/KBR colleagues. US defence firms are to be barred from lucrative government contracts if they refuse to allow employees access to the courts, after a woman working for a Halliburton subsidiary in Iraq was prevented from taking legal action over an alleged gang rape by fellow workers. See: [Guardian, 15 October 2009] |
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| Australian Courts-Martial ruled unconstitutional | |||
| Aspals readers might be interested in a slight crisis that has hit the Australian Court-Martial system recently. In the case of Lane, the Australian High Court declared the new Australian Military Court (AMC), the centrepiece of military justice reforms, to be unconstitutional. Lane, a former sailor, was charged with indecent assault for placing his genitals on a sleeping colleague's forehead - a practice known as "teabagging" - after a drunken night out in 2005. He denied the charge and fought it all the way to the High Court. Background: Due to concerns that the Australian military justice system was not striking the right balance between the requirements of the armed forces on the one hand, and the rights of its personnel on the other, it was reformed in 2006. However, in doing so, the Australian government rejected the recommendation of the Senate Foreign Affairs, Defence and Trade References Committee to create the military court under Chapter III. The AMC was created in 2006 by the inclusion of section 114 in Division 3 of Part VII of the Defence Force Discipline Act 1984 (Cth) (the Act). Section 114 states: "(1) A court, to be known as the Australian Military Court, is created by this Act. Note 1: The AMC is not a court for the purpose of Ch III of the Constitution. (1A) The AMC is a court of record." The effect of section 114 was to discard the court-martial process and to create in its place the AMC which would have the jurisdiction to determine military justice issues. The problem was, however, that the judicial power identified in Chapter III of the Constitution is that of the Commonwealth and the powers to create federal courts are found in sections 71, 72 and 122. It was for that reason, in a unanimous verdict, the High Court held that the provisions of Division 3 of Part VII of the Act were constitutionally invalid. French CJ and Gummow J held that the AMC was intended to be a Court under Chapter III but was not created under Chapter III, and section 51(vi) does not allow for military jurisdiction under a "legislative" court. The Court rejected the Commonwealth's submission that the AMC, as a replacement for the court-martial system, was merely a "modernisation" of terminology and not a matter of substance. Consequences: Quite apart from the unusual circumstances of Australia not currently having a military tribunal, there is a clear question over the validity of the decisions made by the AMC since it was convened in October 2007. The Government has enacted legislation to reinstate the pre-2007 machinery as an interim measure while it determines the construction of a military justice system that meets the requirements of the Constitution. For more information, please see the following links: 4th October 2009 (from the News Page) |
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| Human Rights Joint Committee - Twenty-Fourth Report (Closing the Impunity Gap: UK law on genocide and related crimes) | |||
| International conventions allow and in some cases oblige the Government to give our courts criminal jurisdiction over the world's most heinous crimes, including genocide, war crimes, crimes against humanity, torture, and hostage-taking. However, the Government has chosen not to implement those conventions to the full extent possible, leaving inconsistencies and gaps in the law. These gaps effectively provide impunity to international criminals, allowing them to visit and in some cases stay in the UK without fear of prosecution... [Report printed 11 August 2009].
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| Human Rights Joint Committee - Twenty-Third Report (Allegations of UK Complicity in Torture) | |||
| There have been a number of reports that UK security services have been complicit in the torture of UK nationals held in Pakistan and elsewhere. In this report the Committee examines what it means for a state to be complicit in torture. The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. The Lords Committee has power to agree with the Commons in the appointment of a Chairman. [Report printed 21 July 2009].
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| Service Complaints Commissioner for the Armed Forces: the first year - Eighth Report of Session 2008–09 | |||
| The Defence Committee has had a long-standing interest in the Service complaints
system. In this inquiry the effectiveness of the current Service complaints procedures is examined based on the findings of the Service Complaints Commissioner in her first annual report. The Commissioner’s evaluation of the support given to her by the Ministry of Defence during the year is also examined. [Report printed 23 June 2009].
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| Armed Forces: Human Rights Act - Statement of the Secretary of State for Defence concerning the case of Private Jason Smith | |||
| Given the importance of the issues raised by the Court of Appeal’s judgment to how to plan and conduct military operations and to the men and women of the Armed Forces, it was decided that the right course would be to appeal to the House of Lords in order to obtain as much clarity as possible on the legal framework applying to operations overseas. As at all stages of the case, the Government will bear the costs of both sides in the litigation, whatever the outcome.. ................................[Hansard 15 July 2009 : Column WS83].
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| Report of the thematic review of the quality of prosecution advocacy and case presentation | |||
| This thematic review of CPS advocacy and case presentation was undoubtedly one of the most important and also the most sensitive which HM Crown Prosecution Service Inspectorate has undertaken. It was inevitable that the decision by the Crown Prosecution Service (CPS) that it would progressively undertake more of its own advocacy in the Crown Court would prove contentious, particularly in relation to the Bar. ................................[On-line Report - July 2009].
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| Corporate Manslaughter and Corporate Homicide Act 2007 | |||
| Progress towards implementation of custody provisions
Second Report - July 2009. It provides Parliament with a second update on the progress that is being made towards implementation of section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007 which makes the duty of care a custody provider owes to a person who is detained a relevant duty of care for the purposes of the Act. This section was not commenced when the rest of the Act came into force on 6 April 2008, but the Government has committed to commence these provisions within three to five years of 6 April 2008. ...............................[Second Report - July 2009].
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| Inquiry opens into Iraqi's death | |||
| A public inquiry into the death of an Iraqi civilian in British military custody six years ago is due to open. Baha Mousa, 26, died during detention by soldiers from the former Queen's Lancashire Regiment after his arrest at a Basra hotel with nine other Iraqis. ...............................[BBC News, 13 July 2009].
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| Defence Committee - Tenth Report: Russia: a new confrontation? | |||
| It is difficult to consider the future of NATO and the global security challenges it faces without taking account of Russia. Indeed, some commentators have suggested that there is a risk of a new Cold War emerging as a result of Russia's increasingly assertive foreign policy. It was against this backdrop that it was decided to launch an inquiry. The title Russia: a new confrontation? encapsulated the uncertain relations between the West and Russia that was at the heart of the inquiry, and the Report serves as a guide to future defence policy for the UK and NATO. ...............................[Report on-line].
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| Defence Plan 2008 to 2012 | |||
| The Defence Plan sets out the key performance priorities of the Defence Board (DB) for the financial years 2008/09 to 2012/13. It provides the overarching context for all the Department's lower -level plans. The Plan has four sections - purpose or outputs, the future, enabling processes and resources - reflecting the four perspectives' of the Defence Balanced Scorecard, to emphasise that only by delivering against the objectives set out in each of these four sections will the MOD deliver the vision of defending the UK and its interests, strengthening international peace and stability and acting as a force for good in the world. Please note that this plan includes the Governments Expenditure Plans [Defence Plan 2008 to 2012] [Defence Plan 2008 (PDF 803.2 KB)] |
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| Defence Committee - Ninth Report, Ministry of Defence Main Estimates 2009-10 | |||
| The Defence Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Ministry of Defence and its associated public bodies.
...............................[Report on-line].
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| ICTY Appeals Chamber Affirms Dragan Jokic’s Contempt of Court Conviction | |||
| The Appeals Chamber affirmed the contempt of court conviction of former Bosnian Serb Army officer Dragan Jokic who was earlier this year sentenced to four months’ imprisonment for refusing to testify in the case of Popovic and others. Jokic will serve his four-month sentence in Austria to run consecutively to the war crimes sentence he is already serving there. ...............................[Full Judgment], 3 July 2009.
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| Engineer wounded in Iraq claims for damages | |||
| An engineer wounded in Iraq brought a landmark claim for damages yesterday against the Ministry of Defence and a private consultancy in a move that could pave the way for other civilians injured in war zones to sue their employers. ...............................[Times, 30 June 2009].
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| Defence Committee - Seventh Report | |||
| Concerning the examination of the Defence Support Group (DSG) established to support the Armed Forces and to deliver wider defence objectives in support of the Defence Industrial Strategy (DIS). [Defence Committee - Seventh Report on-line]
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| Army chiefs in Afghanistan cannot be sued for death of their troops | |||
| Commanding officers in Afghanistan have been offered indemnity from prosecution under human-rights laws if they make a decision that leads to the death of a soldier. The move is to address widespread concern that officers might face private prosecution if a military operation goes wrong. [Times, 15 June, 2009 ]
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| Courts rule British soldiers covered by right to life | |||
| Army chiefs can be sued over decisions taken in the heat of battle after a Court of Appeal ruling that troops must be protected by the Human Rights Act. The judgment by Sir Anthony Clarke, the Master of the Rolls, and two other judges, makes the Ministry of Defence liable to civil prosecutions by families who claim that the treatment of soldiers who have died on operations overseas might have breached their human rights. [Times, May 19, 2009 ]
See also: :[Telegraph, 19 May 2009] |
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| Black Rod appointment | |||
| Baroness Royall of Blaisdon, the Leader of the House of Lords, led tributes to Sir Michael Willcocks KCB CVO in the House of Lords upon his retirement as the Gentleman Usher of the Black Rod. [Read on-line]
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| Human Rights Joint Committee - Thirteenth Report, Prisoner Transfer Treaty with Libya | |||
| The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. [Read the Report on-line]
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| Getting Away with Torture? | |||
| This 95-page report, issued on the eve of the first anniversary of the publication of the Abu Ghraib photos, presents substantial evidence warranting criminal investigations of Rumsfeld and Tenet, as well as Lt. Gen. Ricardo Sanchez, formerly the top U.S. commander in Iraq, and Gen. Geoffrey Miller the former commander of the prison camp at Guantánamo Bay, Cuba. [Human Rights Watch]
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| Committee On Armed Services United States Senate Inquiry Into The Treatment Of Detainees In U.S. Custody | |||
| Over the course of its inquiry into the treatment of detainees in U.S. custody, the Committee reviewed more than 200,000 pages of classified and unclassified documents, including detention and interrogation policies, memoranda, electronic communications, training manuals, and the results of previous investigations into detainee abuse. The majority of those documents were provided to the Committee by the Department of Defense. The Committee also reviewed documents provided by the Department of Justice, documents in the public domain, a small number of documents provided by individuals, and a number of published secondary sources including books and articles in popular magazines and scholarly journals. The Committee interviewed over 70 individuals in connection with its inquiry. [Read the Report] (please note this file is over 15MB in size and will take some time to download).
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| The International Headquarters and Defence Organisations (Designation and Privileges) (Amendment) Order 2009 - SI No. 704 | |||
| In force since 19th March 2009. This Order amends the International Headquarters and Defence Organisations (Designation and Privileges) Order 1965 (“the 1965 Order”) by substituting a new Schedule to that Order. The Schedule to the 1965 Order lists those headquarters which are designated for the purposed of the International Headquarters and Defence Organisations Act 1964. Part I of the Schedule lists those headquarters which also benefit from the privileges and immunities conferred by article 3 (inviolability of archives), article 4 (legal capacity) and article 5 (immunity from legal process) of the 1965 Order. Those headquarters listed in Part II only benefit from article 3 (inviolability of archives)..... ...............................[Read on-line].
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| Her Majesty’s Crown Prosecution Service Inspectorate’s follow-up report on The Army Prosecuting Authority - February 2009 | |||
| The report details the findings of Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) arising from a follow-up inspection of the Army Prosecuting Authority (APA) in November 2008. The APA is responsible for the review and prosecution of cases referred to it for trial by court martial in respect of persons subject to military law who are accused of a criminal offence.... ...............................[Executive Summary]. [Full Report]. |
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| UN accuses Britain of condoning torture | |||
| Britain has been condemned in a highly critical United Nations report for breaching basic human rights and "trying to conceal illegal acts" in the fight against terrorism. The report is sharply critical of British co-operation in the transfer of detainees to places where they are likely to be tortured as part of the US rendition programme... ...............................[Guardian, 9 March] [Read the Report]. |
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| The Pensions (Polish Forces) Scheme (Amendment) Order 2009 | |||
| The Pensions (Polish Forces) Scheme 1964 (“the Scheme”) provides for benefits to be payable to or in respect of former members of the Polish Forces who served under British command during World War II, or in the Polish Resettlement Forces.. ...............................[SI 2009 No. 436].
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| Report on MoD’s Chinook helicopter programme | |||
| The Public Accounts Committee publishes a report examining the MoD's programme to make airworthy eight Chinook Mk3 helicopters and criticises "bad decision-making to the point of irresponsibility". ...............................[Available from here].
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| Not Guilty plea entered for Karadzic | |||
| Former Bosnian Serb leader Radovan Karadzic has had a not guilty plea entered on his behalf for war crimes and genocide charges. The United Nations tribunal for the former Yugoslavia entered his plea after Karadzic refused to do so himself. [ICTY News, 3 March] See also: [BBC News, 3 March 2009] |
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| Defence Committee publish equipment report | |||
| The failure of the MoD to update the UK’s Defence Industrial Strategy has been condemned by the House of Commons Defence Select Committee in its report, released 26 February 2009, into Defence Equipment. Link here.
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| Records of Detention (Review Conclusions) | |||
| Parliamentary statement by The Secretary of State for Defence (Mr. John Hutton) Link here.
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| Forces Widows Pensions (Equality of Treatment) Bill 2008-09 | |||
| This Bill was presented, through the ballot procedure, to Parliament on 21 January. This is known as First Reading and there was no debate on the Bill at this stage. The Bill is a Private Member's Bill and, as such, unlikely to be printed until close to a Second Reading debate. If you want information about the Bill before it is printed then you would need to speak to the Member sponsoring the Bill. This Bill will be on the Order Paper for a Second Reading debate on 19 June. It is described as a Bill to provide for the equal treatment of forces widows’ pensions in respect of retirement from military service for the periods before 1973 and between 1973 and 2005; and for connected purposes. ...............................[Latest news].
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| Binyam Mohamed - Commons Statement | |||
| Hansard report of the statement made by The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown) referring to the Written Ministerial Statement of the Secretary of State for Foreign and Commonwealth Affairs (David Miliband). ...............................[Lord Malloch-Brown].
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| Nelson's Frigates of the Line | |||
| A musical tribute to Admiral Lord Nelson, killed by a French marksman at the Battle of Trafalgar on 21st October 1805. The words were written by Ray Butler and the music composed by Dave Nachmanoff, a singer/songwriter and guitarist (he is Al Stewart's guitarist). It recently made it to the semi-finals of the UK Songwriting Contest. Learn more about Dave Nachmanoff and his music by visiting his website here. ...............................[Listen to the song here].
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| Human Rights Committee challenges ministers over torture allegations | |||
| Andrew Dismore MP, Chairman of the Joint Select Committee on Human Rights has written to the Home Secretary, the Foreign Secretary and the Attorney General on behalf of the Committee raising the Committee's serious concerns over the recent allegations of complicity of UK agents in torture overseas. ...............................[UK Parliament].
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| Forces Widows’ Pensions (Equality of Treatment) Bill - Presentation and First Reading (Standing Order No. 57) | |||
| Mr. Michael Mates, supported by Mr. Bruce George, Sir Menzies Campbell, Patrick Mercer, Mr. Michael Clapham, Nick Harvey, Sir Peter Viggers, Simon Hughes and Sir Michael Spicer, presented a Bill to provide for the equal treatment of forces widows’ pensions in respect of retirement from military service for the periods before 1973 and between 1973 and 2005; and for connected purposes. ...............................[UK Parliament].
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| The Baha Mousa Public Inquiry | |||
| In a written statement given in Parliament on 14 May 2008 the Secretary of State for Defence announced that there would be a public inquiry into the death of Baha Mousa, an Iraqi civilian who died in Iraq in September 2003. He described that death as a disturbing incident: not just because a man died in the custody of British soldiers but because an investigation by the Royal Military Police and a subsequent Court Martial highlighted further important questions that needed to be answered. ...............................[News from the Inquiry]. Link notified by Tess Visit the 1 QLR trial page. |
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| UN World Court to give opinion on legality of Kosovo’s independence | |||
| The General Assembly voted on 8th October to ask the International Court of Justice (ICJ) for a non-binding advisory opinion on the legality of Kosovo’s declaration of independence from Serbia. At UN Headquarters, 77 Member States voted in favour of the resolution – which was put forward by Serbia – and six voted against (including the Albania and USA), with 74 abstentions (including UK). Many states were concerned about the precedent that could be set by Kosovo's unilateral declaration of independence. [Comment: The abstainers and those who voted against the motion probably did so because they fear an opinion which may show that their support for what is, ostensibly, a breach of international law through their purported recognition of Kosovo. Recognision by those states, was very much a legal as well as political process. That seems to us to fall squarely within the remit of the International Court of Justice]. [Resolution A/RES/63/3] [Adoption of Resolution by General Assembly] If either of these links do not work, link to them from: [A/RES/63/3] |
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| Florence Hartmann Trial Commencement Postponed | |||
| The start of trial in the case of Florence Hartmann charged with contempt of court has been postponed, the Special Chamber announced 3rd February 2009. The trial was postponed until further notice due to the Defence motion for disqualification of two members of the special chamber and of senior legal officer in charge of the case. “Considering that the Motion was filed only two days prior to the scheduled commencement of trial on 5 February 2009, it is impractical to dispose of it in a definitive manner before this date,” reads the order signed by Judge Carmel Agius. Hartmann, a one-time spokesperson for a former Tribunal Prosecutor, is charged with contempt for allegedly willfully disclosing information in knowing violation of an order of a Chamber. A Scheduling Order providing the revised start time for the trial will be issued in due course. [Information sheet]. [Full text of the indictment]. [Peace and Punishment: The Secret Wars of Politics and International Justice, by Florence Hartmann] |
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| Defence Committee - Second Report | |||
| The published report was ordered by the House of Commons to be printed 16 December 2008. The Defence Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Ministry of Defence and its associated public bodies. [Link here.].
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| Bruce Houlder, QC, the top criminal silk taking on the Armed Forces | |||
| When appointed the first civilian in charge of military prosecutions, Bruce Houlder, QC, faced accusations that he would “let our boys hang out to dry”. Others said that he had been put in post to “whitewash the crimes of the military”. Houlder, who took over on January 1 as the independent Director of Service Prosecutions for all three Armed Forces, is determined to prove that he can steer a middle course. [Times, 8 January 2009]. See also: [Times Comment, 2 Jan 09] |
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| The Armed Forces (Alignment of Service Discipline Acts) (No. 2) Order 2008 - SI No. 3294 | |||
| Statutory Instrument which makes interim provision for the newly appointed Director of Service Prosecutions to assume responsibility for prosecutions in all three Services, pending the coming into force of the relevant provisions of the Armed Forces Act 2006. It can be read at this link For those interested, here is the detail of those sitting on the selection panel - just one military officer was present. |
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| The Manual Of The Law Of Armed Conflict (Joint Services Publication 383) – Amended Text | |||
| Amendments made in 2007 to the published editions of the Manual Of The Law Of Armed Conflict are available for free download here. (Thanks to Will for the information). |
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| Black Rod: Another military man for the job | |||
| Lieutenant-General Sir Freddie Viggers KCB CMG MBE as the next Gentleman Usher of the Black Rod, in succession to Sir Michael Willcocks, who will retire in May 2009. Details here. |
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| Armed Forces: Snatch Land Rover Statement | |||
| The Parliamentary Under-Secretary of State, Ministry of Defence quoted John Hutton as saying that a public inquiry into the continued use of Snatch landrovers would not be the right way to proceed. "I have sought comprehensive advice on whether the continued use of Snatch is necessary, particularly given the substantial investment that we have made in new protected vehicles in recent years. The clear advice to me from military operational commanders, unanimously endorsed by the Chiefs of Staff, is that Snatch remains essential to the success of our operations in both Iraq and Afghanistan. In the light of this authoritative assessment, I have decided that it would be inappropriate and unnecessary to conduct an inquiry. These are matters on which I must rely on the considered judgment of military commanders who have experience of conditions in Iraq and Afghanistan and access to specialised military engineering expertise. " Access on-line. |
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| Call for independent public inquiry into the use of the Snatch Land Rover | |||
| Petition the Prime Minister to call upon Defence Secretary John Hutton to instigate an independent public inquiry into the use of the Snatch Land Rover in the Iraq and Afghanistan conflicts. Submitted by Susan Smith of MFSG – Deadline to sign up by: 20 January 2009 |
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| The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 | |||
| This Order amends the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 (“the Scheme”) which provides for benefits to be payable to or in respect of a person by reason of that person’s illness, injury (whether physical or mental) or death, which is caused (wholly or partly) by service in the armed forces or the reserve forces. It increases the amount of a lump sum award which is payable for a claim determined or revised on or after 15th December 2008 and also by providing for a new form of benefit to be paid.
More detail here, together with explanatory note.
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| Written Ministerial Statements - timescale for implementation of the Armed Forces Act 2006 | |||
| Statement by Kevan Jones (North Durham, Labour) on the timetable for implentation. [They Work For You] and also Hansard.
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| MOD harmonises Armed Forces inquiries | |||
| A new tri-Service system of Service Inquiries, conducted by the Armed Forces into deaths and serious injuries and incidents, was introduced on Wednesday 1 October 2008, replacing the existing Single Service Boards of Inquiry (BOIs).[read more....]
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| Need for a Bill of Rights | |||
| There currently exists an unusual cross-party consensus about the need for a "British Bill of Rights". In its Governance of Britain Green Paper (July 2007) and the Prime Minister's statement to the House of Commons on 3 July 2007, the Government committed itself to exploring the possibility of a British Bill of Rights as part of a wider programme of constitutional reform. The Conservative Party had previously announced that it proposes to replace the Human Rights Act 1998 (HRA) with a British Bill of Rights whilst remaining a party to the European Convention on Human Rights (ECHR) and has appointed a Commission of experts to consider how to achieve this. The Liberal Democrats have reiterated their longstanding commitment to a Bill of Rights as part of a written constitution for the UK. ....[read more....]
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| Joint Committee on Human Rights - Twenty-Eighth Report | |||
| The Committee had been concerned enought in 2004 to write to the then Minister of State for the Armed Forces, Adam Ingram, over Methods of physical and psychological coercion that had been used by British interrogators to obtain confessions and extract information. One of the issues raised concerned the possible use of five 'conditioning techniques' - wall standing, hooding, subjection to noise, sleep deprivation and deprivation of food and drink - in interrogation. The use of these techniques was prohibited by the Government in 1972, following allegations about their use in Northern Ireland. In the case of Ireland v UK in 1978, the European Court on Human Rights found that the combined use of the five techniques amounted to a practice of inhuman and degrading treatment. During court proceedings, in 1977, Sir Samuel Silkin, the then Attorney General, gave an "unqualified undertaking" that "the five techniques will not in any circumstances be reintroduced as an aid to interrogation". In its 28th Report, the Committee voiced concerns over Discrepancies in evidence received.
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| UK Armed Forces MoneySaving | |||
| A new MoneySavingExpert.com's Forum dedicated to the Armed Forces, created to look at issues that are specific to members of the forces. Whether it be getting goods delivered overseas, the difficulty of getting life coverage, what's available when leaving the forces, specific discounts and how to get back to civilian life. This is a fantastic site with lots of really useful tips. Link to it here.
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| The Naval Medical Compassionate Fund (Amendment) Order 2008 | |||
| This Order amends the Standing Orders and Regulations of the Naval Medical Compassionate Fund in order to provide for the Royal Navy and Royal Marines Charity to be appointed as sole Trustee of the Fund (Articles 1 and 2) and makes minor and consequential amendments to the Standing Orders and Regulations. The Order ensures that at least one member of the Fund’s Management Committee represents the interests of the Royal Naval Medical Service (Article 5). Link to it here. Also listed on the Links page.
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| The Armed Forces (Service Complaints) (Consequential Amendments) Order 2008 (Draft Order) | |||
| The Working Time Regulations 1998, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Employment Equality (Religion or Belief) Regulations 2003 and the Employment Equality (Sexual Orientation) Regulations 2003 provide that a complaint cannot be presented by a member of the armed forces to an employment tribunal under those Regulations unless a complaint under service complaint procedures has been made about the same matter and not withdrawn. Consequent upon the Armed Forces Act 2006 this Order amends those Regulations so that they refer to service complaints brought under that Act: The Armed Forces (Service Complaints) (Consequential Amendments) Order 2008
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| Civilian QC chosen to run military court despite MPs push for specialist candidate | |||
| A civilian lawyer with no experience of the military has been appointed to take charge of courts martial against British soldiers. A committee of MPs urged the Ministry of Defence to give the job of overseeing the military justice system to a candidate with specialist knowledge of the forces and an understanding of the pressures of combat. Instead, the £130,000-a-year role of Director of Service Prosecutions has gone to Bruce Houlder, QC, a criminal law barrister with no experience of the forces and no specialisation in military justice. For an interesting discussion, see the Select Committee on Armed Forces First Report where the MoD representative said, "Whilst we appreciate the difficulties involved in defining military experience in statute, we do consider it important for the Director of Service Prosecutions to have had military experience." The parliamentary discussion on the Armed Forces (Alignment of Service Discipline Acts) (No.2) Order 2008 is very worthwhile reading and shows the confusion over the appointment of DSPA. |
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| The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008 | |||
| Several years after the statutory provisions replaced the common law rules on disclosure of material to the defence, the provisions are being applied to the Services. Access this on-line from the the Aspals Links page. |
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| The Aitken Report | |||
| An investigation into cases of deliberate abuse
and unlawful killing in Iraq in 2003 and 2004. It focuses solely on those instances where members of the British Army are alleged or proven to have mistreated Iraqi civilians outside the context of immediate combat operations. It seeks to explain what happened in each case, and to describe the context in which they occurred; but its principal purpose is to detail the measures the Army has taken to ensure (as far as possible) that they are not repeated. It makes deductions based on evidence from official reports, court judgments and interviews. Because inquiries are not yet complete into all the cases with which this report is concerned, it also recommends other areas that will need to be addressed by further work. Read it on-line here. |
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| R-v-Payne and others | |||
The Crown's opening, charge-sheet and judge's ruling on reporting restrictions are to be found on the  website at this page. [Posted: 22/x/06] News items relating to 1 QLR War Crimes Trial  |
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| A catalogue of abuse | |||
| What will it take for our government to face the awful facts of British detention policy in Iraq? Evidence now publicly available proves that UK forces had a systematic policy that led to the execution of scores of Iraqis in detention, and the torture of countless more. But most people remain blissfully unaware of the truth, while the government chooses to ignore it. It seems that it is too painful for the nation to recognise that what we did in Iraq is no more than what we have always done in times of conflict, and that an arrogant, brutal racism that harks back to colonial times requires urgent exorcism. [Guardian, 19 Oct] [Posted: 22/x/06] |
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| Amdt 22 to the MML part 1 - further news | |||
| Practitioners should note that Amdt 22 to MML has been issued to units within the last two weeks. It is no longer available through TSO but published by Defence Publications. Unfortunately ALS Upavon (who sponsor the document) have not allowed it to be made available for general purchase. Consequently if you want a copy you must send a fax to 01554822515 addressed for the attention of Jonathan Phillips. You must set out your name address and contact details. You are then required to give a justification as to why you require the item!! They will then contact the sponsor, and if ALS Upavon consent to a copy being released to you then they will send you a copy on payment of £30.20 & 8%(£2.42) for postage. Unfortunately, unlike with TSO you are not now being notified automatically of updates. I wonder if the sponsor will allow us to sign up for notification in due course for Amdt 23 etc? I suspect this is an oversight by the ALS sponsor as this is a new publication route for the Army (cost cutting I presume), and have left a message for her in the hope that Llangennech will now be given the authority to sell as many copies as they can (– it is hardly Booker prize stuff!!). Unfortunately we have been here before with a similar problem with the RAFLS and MAFL. I have spoken to the implementation team for the new AFA and hope they will have it sorted when they get round to issuing publications. Art 7 of ECHR requires that the criminal law should be sufficiently accessible (see Archbold 16-98). [Thanks to Lewis Cherry] ..............................[24/ix/07] |
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| Amdt 22 to the MML part 1 | |||
| There has been an issue of Amdt 22 to the MML part 1 to the service distribution list last week. For some reason it has not been issued through TSO, so is not available in the public arena. When you ring TSO they say there is a note on their system to ring the MOD Warehouse, but the number given rings away and is never answered. Unfortunately it seems that the Army is going the way of the RAF in that the documents are no longer available in the public domain. You have to buy MAFL from the RAF, and the Custody and Summary Dealing Regulations (2006) are only available on the MOD Intranet. [Thanks to Lewis Cherry] ..............................[14/ix/07] |
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| Corporate Manslaughter Act 2007 | |||
| This long anticipated act will come into force in accordance with provision made by order by the Secretary of State. It abolishes the common law offence of manslaughter by gross negligence and applies to the naval, military or air forces of the Crown raised under the law of the United Kingdom. Certain "Military activities" are exempted under section 4. Link to on-line here. ..............................[3/viii/07] |
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| RAF clerk gets £484,000 for typing injury | |||
| A clerk in the RAF has been paid £484,000 compensation for an RSI-style wrist injury—nearly NINE TIMES what a soldier would get if his leg was blown off in action. The scandalous payout, which will astonish troops who have been mutilated in Iraq and Afghanistan, went to an unnamed typist in her twenties who developed the strain in her right hand. She had been inputting Royal Air Force data and medical experts judged her work-related injury would prevent her finding a new job. ..............................[News of the World, 29 Jul] |
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| HMCSPI Report into the Army Prosecuting Authority | |||
| The HMCPS Inspectorate report into the Army Prosecuting Authority is available from the APA website at this link. [UN - ICTY Latest News, Posted: 28/vi/07]
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| EU makes it against law to condone genocide | |||
| Condoning or “grossly trivialising” genocide will become a crime punishable by up to three years in prison across Europe, although justice ministers failed to agree a specific ban on denying the Holocaust. Germany used its presidency of the EU to push through the first Europe-wide race-hate laws, regarded by Berlin as an historic obligation in the 50th anniversary year of the union created to preserve peace and prosperity after the Second World War. [The Times, 20 Apr 07] [Posted: 22/iv/07]
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| Governments contest human rights accountability of troops in Kosovo | |||
| The British government will argue at the European court of human rights in Strasbourg this week that it should not be held accountable for human rights breaches by British troops in the course of military operations abroad. The grand chamber of 17 Strasbourg judges will decide whether the European convention on human rights applies to the military operations of European troops abroad. ..............................[Guardian, 13 Nov] [Posted: 13/xi/06] |
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| The Trial of The Former CO 1 QLR and Members of the Battlegroup HQ | |||
| A special page has been compiled on the |
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| Army to scale down Germany troops | |||
| A large number of British troops could be pulled out of bases in Germany under plans put forward by the government. Armed forces minister Adam Ingram announced he was considering moving the Allied Rapid Reaction Corps (Arrc) headquarters to the UK. Two of the Arrc's support brigades could also be moved out, he said. [BBC News, 24 Jul]. [Posted: 23/vii/06] |
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| His Honour Major-General Sir David Hughes-Morgan, Bt, CB, CBE | |||
| Sir David, a former Director Army Legal Services, died on 15 July 2006, aged 80. His intellectual acuity and warmth of personality shall be greatly missed. His obituary can be read here. Aspals. [Posted: 21/vii/06]
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| Selman and others - Army verdict throws up questions | |||
| Quite apart from the unanswered aspects surrounding the death of a young Iraqi, the "not guilty" verdict throws up another series of questions. (This item was published by the BBC on 7 June) Aspals. [Posted: 16/vii/06]
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| In the cases of Sergeant Selman and others - Lords Questions | |||
| Lord Astor of Hever asked Her Majesty's Government a number of questions about the case and the decision to prosecute. The government response was given by the Attorney General Aspals. [Posted: 3/vii/06]
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| Armed Forces Ombudsman | |||
| In a written answer on 22 June, the Under Secretary of State says there are no plans to conduct a survery of members of the services on this matter. Link here. Aspals. [Posted: 25/vi/06]
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| British Armed Forces Federation | |||
| A website dedicated to the federation designed to protect the rights of servicemen. Aspals. [Posted: 4/vi/06]
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| Report To The President: Death Of Slobodan Milosevic, by Judge Kevin Parker | |||
| Slobodan Milosevic died in his cell at the United Nations Detention Unit in the
Scheveningen Penitentiary Facility on Saturday morning, 11 March 2006. By order made that day, pursuant to Rule 33 of the Rules of Detention, the President of the Court assigned Judge Kevin Parker to conduct a full inquiry into the circumstances surrounding his death and to report his findings. The terms of inquiry were without restriction. This report is available here. Aspals. [Posted: 31/v/06]
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| Armed Forces: Joint Strike Fighter | |||
| Written answer to the question whether the United Kingdom would be required by European Union treaty obligations to hand over to other European Union member states technology communicated to the United Kingdom by the United States following concerns raised by the Chairman of the Committee on International Relations of the United States House of Representatives, available here. Aspals. [Posted: 30/v/06]
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| The Armed Forces Early Departure Payments Scheme Order 2005 | |||
| Information about entitlements when membership of the armed forces ceases, available here.
Aspals. [Posted: 23/iv/06]
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| Highland lament: Scotland's oldest regiments march into history | |||
| It was out with the old and in with the new yesterday as six Scottish infantry regiments were consigned to military history. While Black Watch veterans, wearing the red hackle, lamented the loss of their 267-year-old regiment, serving soldiers wore the cap and badge of the new Royal Regiment of Scotland for the first time. .... [Telegraph]. [Posted: 29/iii/06]
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| So when will human rights reach Iraq? By Phil Shiner | |||
| When Canadian peacekeepers tortured one of their charges, there was wholesale change in the way the military polices itself. Why can’t Britain do the same? Cherie Booth, QC, raised the profile of the debate on torture last week when she condemned its use in the War on Terror. The prohibition on torture was absolute, she said, and there were no exceptions. The Prime Minister’s wife backed a House of Lords’ ruling last December that evidence obtained by torture could not be used in the courts to prove a person’s guilt; although she did agree with the law lords that intelligence from abroad, possibly obtained by torture, could be acted upon.... [Times]. [Posted: 29/iii/06]
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| High Court judge to hear 'war crime' case | |||
| The court martial of Col Jorge Mendonca and six other servicemen charged in connection with the death of an Iraqi civilian will be conducted by a High Court judge, it has been announced. Mr Justice McKinnon, 67, a highly experienced trial judge who hears civil and criminal cases, has been assigned to the men's trial. [Posted: 23/iii/06]
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| Law and Development Work at the British Institute of International and Comparative Law: Legal Consultants Sought | |||
| The Institute keeps a database of legal consultants for use on its own projects and to recommend to other organisations. We are constantly seeking experienced practitioners and academics who are interested in this type of work, for assignments of greatly varying scope and duration. If you would like your details to be held by the Institute for possible future assignments, please email your CV to Hugo Warner (h.warner@biicl.org), stating which of the areas specified you are able to cover. The Institute would make an assessment of your suitability and then contact you as soon as an appropriate opportunity arises. For more information, see the Aspals Appointments page. [Posted: 22/ii/06]
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| Too Many Rotten Apples | |||
| Transcript of an interview with a private soldier, a Fusilier A of the 1st Bn, the Royal Regiment of Fusiliers, who has since left the army. It was carried out by a Royal Military Police Special Investigation Branch officer as part of a “lessons learned” investigation into a botched SIB investigation into allegations of drugs taking and conspiracy to murder at the battalion. The interview took place on June 27, 2003. Most of the battalion were on leave after returning from Iraq. The day after the interview took place, Fusilier Gary Bartlam, another member of the same unit, walked into a photographic shop in Tamworth, Staffs to have some photographs developed. [Times, 12 Feb 06]. [Posted: 18/ii/06]
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| Communication concerning the situation in Iraq (From the Chief Prosecutor of the International Criminal Court). | |||
| International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal. As the Prosecutor of the International Criminal Court, he does not have the mandate to address the arguments on the legality of the use of force or the crime of aggression. The Statute requirements to seek authorization to initiate an investigation in the situation in Iraq have not been satisfied. This conclusion can be reconsidered in the light of new facts or evidence. In accordance with Rule 49(2) of the Rules of Procedure and Evidence, should additional information be available regarding crimes within the jurisdiction of the Court, it may be submitted to the Office of the Prosecutor. Bearing in mind the limited jurisdiction of this Court, as well as its complementary nature, effectively functioning national legal systems are in principle the most appropriate and effective forum for addressing allegations of crimes of this nature. This is a pdf file and the link will open in Adobe. Click here. [Posted: 12/ii/06]
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| The Armed Forces Bill - RESEARCH PAPER 05/86 | |||
| The intention of the Bill is to consolidate and modernise the provisions of the three Service Discipline Acts: the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957. These Acts will be repealed on the passage of this Bill into law. This paper should be read in conjunction with Library Research Paper RP05/75, Background to the Armed Forces Bill, 11 November 2005, which provides an outline of the current disciplinary system, some prelegislative comments and sets out a number of issues that may be the subject of discussion as this Bill progresses. This is a pdf file and the link will open in Adobe. Click here. [Posted: 11/ii/06]
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| Armed Forces (Parliamentary Approval for Participation in Armed Conflict) Bill - Bill 16 of 2005-06 - RESEARCH PAPER 05/56 | |||
| The Bill seeks to establish a requirement for the Government to obtain the approval of both Houses of
Parliament, for the deployment of the Armed Forces in armed conflict and/or for a declaration of war to be made. The Bill is sponsored by Claire Short MP. This is a pdf file and the link will open in Adobe. Click here. [Posted: 11/ii/06]
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| This year is the 200th anniversary of Trafalgar | |||
| We have received a rather humorous script which shows how differently things could have turned out if Nelson were a modern commander. If you embarrass easily, it is not for you. If you do not, then link here [Posted: 27/xi/05]
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| Military prosecutions 'not being distorted' | |||
| Writing in the Times, the Attorney-General, the Lord Goldsmith, strongly rejects the allegation made by Lord Astor of Hever and Andrew Robathan, Shadow Defence Ministers, that decisions on military prosecutions are distorted by “political correctness”.
Writing in the Telegraph, Lt Gen F. R. Viggers, Adjutant-General, condemns the appalling slur on the professionalism and character of the Chief of the General Staff, General Sir Mike Jackson. Sir Mike writes, on 19th November, in the Telegraph, concerned at the calumnies uttered against the APA. [Posted: 16/xi/05, revised on 10/xi/05] |
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| UK Defence Statistics 2005 | |||
| For details of the 2005 Statistics, visit http://www.dasa.mod.uk/natstats/ukds/2005/ukds.html. [Posted 14/xi/05]
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| Trial of 7 members of 3 Para stayed | |||
| 7 soldiers accused of the killing of Nadhem Abdullah were acquitted by direction of the judge advocate general who ruled that, although he found sufficient evidence for a properly directed court to conclude that (a) Nadhem Abdullah is dead (b) that he died as a result of an assault, and (c) the assault was carried out by Cpl Evans' section, he did not feel that if unlawful force was applied there was sufficient evidence to identify which of the defendants applied that force or whether it was applied after other members of the section joined in. Since those not involved in the assault on Nadhem could not be guilty as secondary parties, and the prosecution could not identify any single defendant who applied unlawful force, then there was no case against any of the defendants. The prosecution in a court-martial has no right to appeal terminating rulings such as this. Read the ruling here (you will need Acrobat. This is a large file of over 500kb) In spite of unsubstantiated media claims that the trial cost £10m Aspals has learnt that the true figure is in the region of £2½m. [Posted 3/xi/05, revised: 5/xi/05] |
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| R-v-Garry Glenn B | |||
| Important guidance on the application of section 82 of the Sexual Offences Act 2003 in respect of the appropriate notification period for a sentence of detention. See the Cases page. Aspals [Posted 22/x/05]
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| Military police chief found dead | |||
| The senior military police investigator in Iraq was found dead at the British base in Basra, the Ministry of Defence (MoD) said. Captain Ken Masters was discovered in his accommodation in Waterloo Lines in southern Iraq on Saturday. The MoD said an inquiry was under way but the circumstances were not regarded as suspicious. Captain Masters, who was 40 and married with two children, had served with the Royal Military Police since 1981. Fuller story at BBC News. Our condolences to Ken's family. Aspals [Posted 19/x/05]
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| Courts-Martial (Amendment) Rules 2005 | |||
| Introducing into the Services the Bad Character and Hearsay provisions of the Criminal Justice Act 2003, and enabling civilian counsel to appear on behalf of the prosecution. Came into force on 1 July 2005. Statutory Instrument 2005 No. 1535 [Posted 11/vii/05]
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| Manual of Air Force Law | |||
| Although the Army Manual is still not published on-line, the Air Force have produced an electronic version of theirs, which can be linked to from here: Manual of Air Force Law. Bravo to our colleagues in light blue! [Posted 26/v/05] |
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| Prosecution of British Soldiers - Statement of the Attorney General | |||
| This was the statement made on 14 June 2004, concerning the position in relation to prosecution of soldiers and offences involving Iraqi civilians. Link Here. [Posted 8/v/05]
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| Access to the Manual Of Military Law | |||
| Many Aspals visitors have asked about on-line access to the latest and complete version of the Manual of Military Law. Our inquiries with MoD have found out that it is in the pipeline, but is not publicly available yet. Please be patient. It is on the way. [Posted 7/v/05]
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| Iraq War - Advice of Attorney General | |||
| The full advice letter to the Prime Minister from the Attorney General, Lord Peter Goldsmith, of 7th March 2003 has now been released. It is an opportunity for the public to judge for itself. Read it in full here [Posted 28/iv/05]
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| International Law Of War Association | |||
| A very useful website for operational lawyers, principally designed by Judge Evan Wallach. There are links to relevant LOW articles and legal provisions. The whole site is designed as easily navigable and is likely to be well visited by deployed lawyers. You will find the link on our Links page or by following this link. [Posted 21/iii/05]
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| Address of the Prosecutor at the Inauguration of the War Crimes Chamber of the Court of BH (Sarajevo, 9 March 2005) | |||
| The importance of the Sarajevo War Crime Chamber is clear to all of us. Prosecutor stressesa couple of issues, which will be at the core of domestic war crimes prosecutions. "First, they must be victims oriented/ victims-driven and not to be seen as a process for the sake of the process, justice for the sake of justice. Secondly, they must be credible and seen as a-political/ de-politicised proceedings – which is of tremendous importance for the witnesses. And thirdly, they will have to fight against deeply embedded prejudices, public misconceptions, unsettled grievances and probably political interference.... . [Posted 10/iii/05]
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| GCM of Kenyon, Larkin and Cooley | |||
| Read the consolidated news reports on the trial of these four soldiers, members of the 1 RRF (1st Battalion, Royal Regiment of Fusiliers) who were tried and convicted of abusing Iraqi civilians. News items posted to the Kenyon Trial page. [Posted 8/iii/05]
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| Human Rights - Jurisdiction | |||
| Two conflicting cases of recent origin: The ECtHR case of Issa-v-Turkey and the UK High Court decision in The Queen - on the Application of - Mazim Jumaa Gatteh Al Skeini and others-v-Secretary of State for Defence. The UK High Court decision takes a different approach to the ECtHR in that case on the jurisdictional question in relation to what constitutes territory covered by the convention. The UK High Court prefers the more traditional ECHR jurisprudence of decisions like Bankovic. [Posted 14/xii/04]
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| Hamdan v. Rumsfeld | |||
| A petition for writ of certiorari before judgment in the Court of Appeals was filed tonight with the United States Supreme Court in the case challenging the constitutionality of the military commissions. It may be downloaded from the NIMJ website at: www.nimj.org.
[Posted 23/xi/04]
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| Hamdan v. Rumsfeld, Civ. No. 04-1519 (JR) (D.D.C.) | |||
| The decision and order by Judge Robertson in this Guantanamo habeas corpus case are available at the NIMJ website at: www.nimj.org.
[Posted 9/xi/04]
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| UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA | |||
| The decision by Judge Emmet G. Sullivan holds that the involuntary anthrax vaccination program is illegal in the absence of informed consent or a Presidential waiver. Visit the nimj website for more details. [Posted 29/x/04]
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| Iraq: Key documents library at the Guardian | |||
| Links to reports by the ICRC and Amnesty, plus other important documents. This is a most useful source. Link to it here. [Posted 27/viii/04]
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| Warrant Officers able to sit on Summary Appeal Court | |||
| Visit The Armed Forces Discipline
Act 2000 page for further details . [Posted 19/viii/04]
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| Appeals Chamber Judgment in the case of The Prosecutor v. Tihomir Blaskic | |||
| Tihomir Blaskic sentenced to nine years' imprisonment. The chamber dismissed the Appellant’s ground of appeal concerning denial of due process of law; but allowed his appeal on many other grounds, reversing his convictions in respect thereof. His convictions were unanimously affirmed in respect of (1) the detention-related crimes committed in the relevant detention facilities, (2) for ordering the use of protected persons for the construction of defensive military installations, and (3) for the inhuman treatment of detainees occasioned by their use as human shields. They dismissed the remainder of his appeal against convictions. His appeal against sentence was allowed unanimously, in part, and a new sentence was imposed by majority, Judge Weinberg de Roca dissenting, of nine years' imprisonment to run as of this day, subject to credit being given under Rule 101(C) of the Rules for the period the Appellant has already spent in detention, that is from 1 April 1996 to the present day. [Posted 29/vii/04] |
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| Order Establishing Combatant Status Review Tribunal | |||
| The following Order was issued by Dr. Paul Wolfowitz, Deputy
Secretary of Defense: http://www.defenselink.mil/news/Jul2004/d20040707review.pdf Visit NIMJ's website, /www.nimj.org, for additional information on military justice and military tribunals. [Posted 16/vii/04] |
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| US - detainee-treatment/interrogation documents | |||
| Visit NIMJ's website, http://www.nimj.org/, for links to the detainee-treatment/interrogation documents that were released yesterday. [Posted 23/vi/04]
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| Volume 2 of NIMJ's Military Commission Instructions Sourcebook | |||
| This is now available. It includes important background information on the military commissions, a table of citations, supplemental bibliography, and index. The Foreword is by Patricia M. Wald. 295 + xi pp. The price per copy is $35. Checks should be made payable to NIMJ. A few copies of volume 1 are also available. Visit their website at: www.nimj.org. NIMJ.[Posted 13/iii/04] |
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| Draft Detainee Review Policy | |||
| The Defense Department has made available for public comment a draft of
procedures for administrative review of Guantanamo Bay detentions. The Department's notice, with a link to the draft, is available under News on the NIMJ website, www.nimj.org, or at the following web address: http://www.defenselink.mil/releases/2004/nr20040303-0403.html Please send NIMJ a copy of any comments you file with the Department. NIMJ.[Posted 3/iii/04] |
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| NIMJ sues the Defense Department | |||
| NIMJ today sued the Defense Department in Federal District Court in
Washington under the Freedom of Information Act. At issue are documents sent to or received from persons outside the government regarding the President's Nov. 13, 2001 Military Order, Secretary Rumsfeld's Military Commission Orders, and the Military Commission Instructions. NIMJ is being represented by Mark Lynch and Emily Hancock of the Washington law firm of Covington & Burling. www.nimj.org. NIMJ.[Posted 27/ii/04]
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| New Military Commission Order | |||
| The Pentagon today released a new Military Commission Order concerning
monitoring of communications and an amended version of the affidavit and agreement that must be executed by civilian defense counsel in military commissions. Copies have been uploaded to the National Institute of Military Justice website,www.nimj.org. NIMJ.[Posted 7/ii/04]
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| Amicus Briefs in the Guantanamo Detainees Case | |||
| Amicus curiae briefs filed by five military defense attorneys in the
Office of Military Commissions and by the National Institute of Military
Justice have been uploaded to the "News" department on the National
Institute of Military Justice website,www.nimj.org. NIMJ.[Posted 14/i/04]
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| US: Ninth Military Commission Instruction | |||
| The Department of Defense has issued a ninth Military Commission Instruction. This one governs the Review Panel. A link to it appears on the NIMJ website,www.nimj.org, under "Military Commissions.". NIMJ.[Posted 2/i/04]
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| United States Court of Appeals for the Ninth Circuit | |||
| Decision of the United States Court of Appeals for the Ninth
Circuit in the Guantanamo Bay case is available for downloading from the National Institute of Military Justice website, www.nimj.org. Look for the link under "News." NIMJ.[Posted 18/xii/03]
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| United States Court of Appeals for the Second Circuit | |||
| Decision of the United States Court of Appeals for the Second
Circuit in the Padilla case is available for downloading from the
National Institute of Military Justice website, www.nimj.org. Look for
the link under "News." NIMJ [Posted 18/xii/03] |
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| Legal representation of Service personnel facing criminal charges - Legal Aid | |||
| Joint Queen’s Regulation (QR) J7.026 and J7.026A, which deal with personnel facing criminal proceedings, have been reviewed by C&L(F&S) and replaced by a new J7.026 which is included in QR Amdt No 26. It has been agreed that where the circumstances are such that MOD would meet the legal costs incurred once an individual had been charged with a criminal offence, the Department will now also meet legal costs incurred for legal work undertaken prior to such a charge. For more information, visit the Army web site [Posted 25/x/03]
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| Center for the Study of Sexual Minorities in the Military at the University of California | |||
| A study on Britain's decision to lift its ban on gay service members, carried out by Center for the Study of Sexual Minorities in the Military, is published at www.gaymilitary.ucsb.edu
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| NIMJ book concerning military commissions | |||
| The 258-page Military Commission Instructions Sourcebook contains all eight Military Commission Instructions issued by the Department of Defense on April 30, 2003, along with discussions of each by military, criminal and law of war experts, as well as comments submitted to DoD in response to the draft of what became Military Commission Instruction No. 2 on Crimes and Elements, and pertinent 1998-99 United States proposals on Crimes and Elements for use by the International Criminal Court. The Sourcebook is available from NIMJ for $25, postage included. Checks should be made payable to NIMJ, and should be mailed to Eugene R. Fidell, 2001 L St., N.W., Second Floor, Washington, DC 20036. NIMJ's earlier Annotated Guide to Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism (2002) is available from LexisNexis Matthew Bender. |
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| A 19th Century literary reminder of double standards sometimes shown to our troops. Tommy, by Rudyard Kipling |
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| And another reminder of the soldier's lot Charge of the Light Brigade, by Alfred, Lord Tennyson |
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| Council of Europe Recommendation 1572 (2002) 11 | |||
| Right to association for members of the professional staff of the armed forces (adopted by the Standing Committee on behalf of the Council of Europe’s Parliamentary Assembly, Sept. 3, 2002). 1. The Parliamentary Assembly recalls its Resolution (1988) on the right to association for members of the professional staff of the armed forces, in which it called on all member states of the Council of Europe to grant professional members of the armed forces, under normal circumstances, the right to association, with an interdiction of the right to strike. It also recalls its Order No. (1998) on monitoring of commitments as regards social rights, calling on the member states to implement the European Social Charter... (read more) Link provided by: www.nimj.org, under "Gazette"See also: Parliamentary Assembly |
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| 1997 revision of the US Army, Navy, Air Force and Marine Corps military police regulation on Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees Click on this link shown immediately below for the of the 1997 Revision. Please note this file is pdf format. |
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| Homosexuality in the Services Statement by Geoff Hoon MP (as at Jan 2000) and The Code of Conduct can be found online here: http://www.mod.uk/issues/homosexuality/index.htm |
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