Armed Forces: Human Rights

Lord Craig of Radley Excerpts

Tuesday 25th June 2013 Lords Chamber

Asked by

[Lord Craig of Radley]

To ask Her Majesty’s Government what advice and directions are being given to Armed Forces personnel following the Supreme Court judgment on 19 June that human rights legislation, and in particular the right to life, may apply to Armed Forces personnel engaged in operations abroad.

[The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)]

My Lords, urgent cross-government discussions are taking place to consider our options. We will provide advice to members of the Armed Forces as soon as possible. The Government are concerned that the ruling creates uncertainty and will continue to defend their position against ill-founded legal claims, while continuing to provide our forces with the equipment they need, and ensuring that, where casualties occur, generous provision is made for troops and their families through the Armed Forces compensation scheme.

[Lord Craig of Radley]

I thank the noble Lord for that not very reassuring Answer. Can he advise on this situation? A commanding officer orders a soldier to take part in operations overseas against an armed enemy, so clearly there is a risk of injury or loss of life. Is that officer’s order lawful? If the soldier disobeys the order, is he liable to a charge and court martial under Section 12, possibly, of the Armed Forces Act because he did not go into the operation? Is the officer liable to be charged or found disciplined under the human rights legislation because the soldier followed his instructions but was killed in battle?