Armed Services: War Crimes

Debate between Lord Faulks and Baroness Nicholson of Winterbourne

Tuesday 1st March 2016 Lords Chamber

[Lord Faulks]

The Government always stand behind our soldiers but to give a blanket undertaking like that would be exceeding my authority. With regard to battlefield immunity, which the noble Lord may be referring to, combat immunity remains part of the common law, although its contours are rather unclear at the moment, particularly in light of the Smith v Ministry of Defence case about the interrelationship of the Human Rights Act and that immunity. These are matters on which the Prime Minister and the Government are profoundly exercised.

[Baroness Nicholson of Winterbourne (LD)]

Will the Minister allow, under the current military law, for some information to be given to the families of the military police who were killed in Karmat Ali, and which they have so far not received. I was in that city the day after the deaths and all the information is readily available. When will the ministry allow it to be released to the families concerned?

[Lord Faulks]

I will take that request back to the Ministry of Justice and try to have some inquiries made.