Archive for the 'armed forces' Category

Legal grounds for intervention in Libya? – Law Society’s Gazette

“In the midst of rapid developments at the diplomatic and military level concerning the Gaddafi regime, it is important to remember that Libya is no stranger to UN sanctions or bombing by NATO member state warplanes.”

Full story

Law Society’s Gazette, 6th May 2011

Source: www.lawgazette.co.uk

Armed Forces vote delayed – Daily Telegraph

“New laws on the treatment of the Armed Forces have been delayed, prompting speculation that ministers are about to retreat over the military covenant.”

Full story

Daily Telegraph, 5th May 2011

Source: www.telegraph.co.uk

Plymouth navy ‘objector’ medic before court martial – BBC News

“A Royal Navy medic from Plymouth has appeared before a court martial on a charge of wilful disobedience for refusing to deploy to Afghanistan.”

Full story

BBC News, 1st April 2011

Source: www.bbc.co.uk

Targeting Gaddafi is allowed by UN resolution, international lawyers say – The Guardian

“Targeting Muammar Gaddafi and his military high command is permissible under the broadly drawn terms of the UN security council resolution, according to many international lawyers.”

Full story

The Guardian, 21st March 2011

Source: www.guardian.co.uk

Related link: In full: UK government’s legal advice on Libya

Colchester ex-para medal theft sentence cut – BBC News

“An ex-paratrooper who stole comrades’ campaign medals while they served in Afghanistan has had his sentence cut to two years on appeal.”

Full story

BBC News, 18th March 2011

Source: www.bbc.co.uk

Deepcut families call for inquiry after review criticises police – The Independent

“Fresh demands for a public inquiry into the deaths of four young recruits shot at Deepcut Army barracks were issued last night after a new review revealed serious shortcomings in the way police investigated the cases.”

Full story

The Independent, 13th March 2011

Source: www.independent.co.uk

UK troops injured in Iraq and Afghanistan get over £20m – BBC News

“UK troops injured in Afghanistan due to Ministry of Defence negligence have been paid more almost £10.5m in compensation over the last four years, the BBC has learned.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

RAF men jailed for smuggling cigarettes to North East – BBC News

“Three RAF servicemen who helped smuggle seven million cigarettes into Britain on military flights from the Middle East have been jailed.”

Full story

BBC News, 4th February 2011

Source: www.bbc.co.uk

Former RAF man wins right to sue MoD over game injury – BBC News

“A Cornishman left paralysed in an It’s A Knockout-style game staged by the RAF has won the right to sue for damages.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Royal Navy sailor sex discrimination ruling reviewed – BBC News

“A ruling that a sailor missed out on promotion due to her gender is to be reviewed.”

Full story

BBC news, 10th December 2010

Source: www.bbc.co.uk

British atom bomb test veterans lose damages case – The Guardian

“Atomic bomb test veterans who blame their ill health on exposure to radioactive fallout today lost their case for damages against the Ministry of Defence.”

Full story

The Guardian, 22nd November 2010

Source: www.guardian.co.uk

Senior British officers could face war crimes trial over alleged Iraqi abuse – The Guardian

“Head of military prosecutions warns of charges if there is evidence officers encouraged interrogators to abuse detainees.”

Full story

The Guardian, 11th November 2010

Source: www.guardian.co.uk

War crimes charges against military interrogators would put MoD on trial – The Guardian

“The revelation that a number of members of a secretive British military intelligence unit could face war crimes charges threatens to put the Ministry of Defence’s entire interrogation regime on trial.”

Full story

The Guardian, 9th November 2010

Source: www.guardian.co.uk

British military interrogators may be charged as war criminals – The Guardian

“The Ministry of Defence is at the centre of a new crisis over the abuse of prisoners after it was disclosed yesterday that a number of British military interrogators may be charged as war criminals.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

Servicemen at ‘UK’s Abu Ghraib’ may be guilty of war crimes, court hears – The Guardian

“British servicemen who filmed hundreds of interrogation sessions at a secret prison near Basra which has been described as ‘the UK’s Abu Ghraib’ may be guilty of war crimes, the high court heard today.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Interrogation techniques at ‘Britain’s Abu Ghraib’ revealed – The Guardian

“Evidence of systematic and brutal mistreatment of Iraqi prisoners at a secret British military interrogation centre that is being described as the UK’s Abu Ghraib emerged today during high court proceedings brought by more than 200 former inmates.”

Full story

The Guardian, 5th November 2010

Source: www.guardian.co.uk

‘Tortured’ Iraqi civilians go to High Court – Daily Telegraph

“Lawyers acting for more than 140 Iraqi civilians who allege they suffered torture and inhuman and degrading treatment at the hands of British soldiers and interrogators go to the High Court today seeking a wide-ranging public inquiry.”

Full story

Daily Telegraph, 5th November 2010

Source: www.telegraph.co.uk

Military justice – BBC Law in Action

“Joshua Rozenberg asks whether recent reforms to the military justice system are sufficient to restore confidence in the way the armed forces deal with crimes committed by their own troops.”

Podcast

BBC Law in Action, 3rd November 2010

Source: www.bbc.co.uk

Humiliate, strip, threaten: UK military interrogation manuals discovered – The Guardian

“Methods devised in secret in recent years may breach international law.”

Full story

The Guardian, 25th October 2010

Source: www.guardian.co.uk

Lord Saville defends millions in fees to Bloody Sunday lawyers – Daily Telegraph

“Lord Saville of Newdigate defended the cost and length of the £200 million inquiry, which took more than 11 years, saying that it could not have been done cheaply or quickly if it was to be ‘thorough’.”

Full story

Daily Telegraph, 13th October 2010

Source: www.telegraph.co.uk

Lord Goldsmith questions the MoD’s practices in Iraq – BBC News

“The former Labour government’s top legal adviser during the Iraq war has questioned whether the British military justice system is fit for purpose.”

Full story

BBC News, 27th September 2010

Source: www.bbc.co.uk

Former soldiers could make community service tougher for offenders – The Guardian

“A ‘dads’ army’ of former soldiers would run community service programmes for offenders under a radical cost-cutting privatisation plan that has shocked unions.”

Full story

The Guardian, 19th September 2010

Source: www.guardian.co.uk

Armed forces to lose one in four lawyers – The Guardian

“The armed forces are set to lose one quarter of their lawyers, the Guardian has learned, in a series of cuts that will directly impact frontline troops. Sources inside the armed forces say the defence spending and security review will result in a reduction of at least 25% in the number of lawyers in the army and royal air force. Lawyers say the predicted reduction in legal advice, which will affect troops and commanders, could affect the ability of the armed forces to act in compliance with the Geneva Conventions.”

Full story

The Guardian, 16th September 2010

Source: www.guardian.co.uk

MoD silence raises fears of custody deaths in Afghanistan – The Guardian

“The Ministry of Defence is refusing to disclose whether any individuals have died in British military custody in Afghanistan, raising concerns that a number of people may have been killed during interrogation.”

Full story

The Guardian, 13th September 2010

Source: www.guardian.co.uk

Regina (Ngouh) v Secretary of State for Home Department – WLR Daily

Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239

“It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead to its deployment.”

WLR Daily, 6th September 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Traumatised bomb disposal soldier gets MoD compensation – BBC News

“A former Army bomb disposal expert suffering from post-traumatic stress disorder has reached a six-figure compensation deal with the Ministry of Defence, his lawyers said.”

Full story

BBC News, 23rd August 2010

Source: www.bbc.co.uk

Soldier fight death case dropped – BBC News

“A man accused of attacking a soldier who later died in hospital from serious head injuries has had the charges against him dropped.”

Full story

BBC News, 17th August 2010

Source: www.bbc.co.uk

Campaigners try to force MoD to court over Afghan killings – The Guardian

“The prospect of a judicial review into previously covered-up civilian shootings in Afghanistan has opened up after human rights campaigners launched an attempt to take the Ministry of Defence to court.”

Full story

The Guardian, 1st August 2010

Source: www.guardian.co.uk

Sniper sues Army over error which put him in danger of being kidnapped by al-Qaeda – Daily Telegraph

“An Army sniper is suing the Ministry of Defence over a ‘catastrophic error’ which put him and his family in danger of being kidnapped by al-Qaeda.”

Full story

Daily Telegraph, 31st July 2010

Source: www.telegraph.co.uk

Al-Jedda v Secretary of State for Defence – WLR Daily

Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182

“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”

WLR Daily, 14th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Army ‘involved in torture mission with US troops’ – The Independent

“Claims that British soldiers used water torture on a badly beaten Iraqi man before unlawfully handing him over to US interrogators are being investigated by the Ministry of Defence. The troubling case includes the first evidence before a UK court of British soldiers being directly involved in a joint torture operation with US forces.”

Full story

The Independent, 16th July 2010

Source: www.independent.co.uk

British Legion to provide free legal advice for families of soldiers killed on active service – Daily Telegraph

“Independent legal support will be provided throughout the inquest process to the relatives of men and women who die during service. The proposal was welcomed by the families of army personnel who have died in Afghanistan and who described the resulting inquests as ‘traumatic’. Two full-time lawyers, funded by the British Legion with the help of the MoD, will guide families through the ‘complex and harrowing’ investigation that follows a military death.”

Full story

Daily Telegraph, 15th July 2010

Source: www.telegraph.co.uk

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165

“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”

WLR Daily, 1st July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Iraq deaths in British custody could see military face legal challenges – The Guardian

“The Ministry of Defence is facing a further series of court battles that may shed more damaging light on the conduct of British troops in Iraq, after it emerged that many more civilians died in army custody than previously thought.”

Full story

The Guardian, 1st July 2010

Source: www.guardian.co.uk

Full judgment: R (Smith) v Secretary of State for Defence – The Guardian

“Read the full judgment from the UK Supreme Court that found that British troops deployed abroad are not protected by the Human Rights Act outside of military bases.”

Full story

The Guardian, 30th June 2010

Source: www.guardian.co.uk

Supreme court quashes troops’ human rights ruling – The Independent

“The country’s highest court today quashed a landmark ruling that British soldiers serving abroad are protected by human rights laws at all times.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Supreme court to rule on human rights of soldiers – The Independent

“The Supreme Court rules today on a Government challenge to a landmark ruling that British soldiers serving abroad are protected by human rights laws.”

Full story

The Independent, 30th June 2010

Source: www.independent.co.uk

Royal Navy wren jailed for smuggling £2m of cocaine on warship – Daily Telegraph

“A Royal Navy wren who came to Britain as an asylum seeker has been jailed for seven-and-a-half years for smuggling £2 million worth of cocaine into the UK on board a warship.”

Full story

Daily Telegraph, 18th June 2010

Source: www.telegraph.co.uk

Bloody Sunday: Prosecutors say soldiers may face perjury charges – The Guardian

“State prosecutors in Northern Ireland and England confirmed tonight that they were considering prosecuting British soldiers for perjury in the light of the Saville inquiry’s conclusion that they lied about their role on Bloody Sunday.”

Full story

The Guardian, 16th June 2010

Source: www.guardian.co.uk

Bloody Sunday ‘unjustified and unjustifiable’ – The Independent

“Fourteen civilians killed on Bloody Sunday died as a result of ‘unjustifiable firing’ by British soldiers, the long-awaited Saville Inquiry found today.”

Full story

The Independent, 15th June 2010

Source: www.independent.co.uk

Related link: Report of the Bloody Sunday Inquiry

Lawyers for Bloody Sunday families view Saville report – BBC News

“Lawyers for the families of those killed and injured on Bloody Sunday and the soldiers involved are studying Lord Saville’s report on the events.”

Full story

BBC News, 15th June 2010

Source: www.bbc.co.uk

New arrests data for veterans reveals ‘massive problem’ – The Guardian

“Thousands of former military personnel are being arrested in Britain each month, many for violent crimes, new figures obtained by the Guardian suggest.”

Full story

The Guardian, 13th June 2010

Source: www.guardian.co.uk

Saville inquiry: key evidence from Bloody Sunday – The Guardian

“The Bloody Sunday inquiry sat between April 1998 and January 2005. Much of the evidence was new, some contradictory. Here are some of the most significant disclosures.”

Full story

The Guardian, 11th June 2010

Source: www.guardian.co.uk

Bloody Sunday killings to be ruled unlawful – The Guardian

“The long-awaited report into the Bloody Sunday massacre will conclude that a number of the fatal shootings of civilians by British soldiers were unlawful killings.”

Full story

The Guardian, 10th June 2010

Source:  www.guardian.co.uk

Lord Saville’s Bloody Sunday report is a failure of the judicial process – The Guardian

“The Bloody Sunday report, to be published by the Northern Ireland secretary on 15 June, will no doubt be welcomed by the families of those killed when British troops opened fire in Derry more than 38 years ago. But it will not be welcomed by the legal establishment, which regards Lord Saville’s inquiry into the events of 30 January 1972 as an embarrassing failure of the judicial process and the waste of a promising career.”

Full story

The Guardian, 3rd June 2010

Source: www.guardian.co.uk

Baha Mousa inquiry to quiz Geoff Hoon and Adam Ingram – BBC News

“Two former Labour defence ministers are to be questioned at a public inquiry about the alleged abuse of Iraqi prisoners by British troops.”

Full story

BBC News, 27th May 2010

Source: www.bbc.co.uk

Bloody Sunday report published next month – The Independent

“The long-awaited state report on the Bloody Sunday killings in Londonderry will be published on June 15, the Government announced today.”

Full story

The Independent, 26th May 2010

Source: www.independent.co.uk

Marshall and others v Deputy Governor of Bermuda and others – WLR Daily

Marshall and others v Deputy Governor of Bermuda and others [2010] UKPC 9; [2010] WLR (D) 133

“Although, in public law proceedings, a public authority had a duty to furnish the court with information which it alone was in a position to provide and without which it would not be possible for the court to assess the merits of an issue which had been raised, that duty did not transfer to the authority the onus of proving matters which a claimant was under a duty and in a position to prove.”

WLR Daily, 24th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Army to be sued for war crimes over its role in Fallujah attacks – The Independent

“Allegations that Britain was complicit in the use of chemical weapons linked to an upsurge in child deformity cases in Iraq, are being investigated by the Ministry of Defence.”

Full story

The Independent, 4th May 2010

Source: www.independent.co.uk

AWOL soldier loses sentence appeal – The Independent

“A soldier who went absent without leave as he was about to be deployed to Afghanistan lost a Court of Appeal challenge against his nine-month sentence today.”

Full story

The Independent, 21st April 2010

Source: www.independent.co.uk

AWOL soldier appeals against jail sentence – The Independent

“Lawyers for a soldier who was jailed for going absent without leave after refusing to fight in Afghanistan will appeal against his sentence today.”

Full story

The Independent, 21st April 2010

Source: www.independent.co.uk

Female solider awarded £17,000 by employment tribunal – The Guardian

“A single-mother soldier who won a claim of race and sex discrimination against the Ministry of Defence was awarded £17,016 by an employment tribunal today.”

Full story

The Guardian, 16th April 2010

Source: www.guardian.co.uk

MoD is failing its war veterans, leaving many to face jail terms, peer says – The Guardian

“Britain should appoint a cabinet minister responsible for the welfare of ex-service personnel amid concern over the rising number who end up in custody after returning home from a war zone, a former prisons inspector says.”

Full story

The Guardian, 14th April 2010

Source: www.guardian.co.uk

Female soldier wins discrimination claim against army – The Guardian

“A soldier disciplined by the army after missing a parade to look after her daughter is set to receive damages after winning an employment tribunal claim, it was reported today.”

Full story

The Guardian, 13th April 2010

Source: www.guardian.co.uk

Changes to the Immigration Rules – minimum age for armed forces marriage visas – UK Border Agency

“Today the Immigration Rules relating to marriage visas have changed for serving members of the armed forces.”

Full press release

UK Border Agency, 6th April 2010

Source: www.ukba.homeoffice.gov.uk


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