Download or read book House of Commons Defence Committee UK Armed Forces Personnel and the Legal Framework for Future Operations HC 931 written by Great Britain: Parliament: House of Commons: Defence Committee and published by The Stationery Office. This book was released on 2014-04-02 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.
Download or read book The challenge of defending Britain written by Michael Clarke and published by Manchester University Press. This book was released on 2018-11-30 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise explanation of all the elements that make up current British defence policy as it goes through a major transition to confront the technological and political challenges Britain faces in the coming decade.
Download or read book Military Justice written by White, Nigel D. and published by Edward Elgar Publishing. This book was released on 2022-03-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.
Download or read book Legal Accountability and Britain s Wars 2000 2015 written by Peter Rowe and published by Routledge. This book was released on 2016-04-20 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Download or read book The United States Department of Defense Law of War Manual written by Michael A. Newton and published by Cambridge University Press. This book was released on 2019-01-24 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.
Download or read book Intervention Why When and How HC 952 written by Great Britain: Parliament: House of Commons: Defence Committee and published by The Stationery Office. This book was released on 2014-04-28 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defence Committee says the Government must describe the circumstances in which the UK would intervene militarily in the future. A strategic and well-articulated vision of the UK's position in the world and the level of influence it is able to exert would lead to more rational decisions on whether or not to intervene as well as a better public understanding of the rationale for any such future decision. It would also assist in identifying the strategic objective of such operations, contributing to a more coherent UK foreign, defence and security policy. The Committee supports the Government's adoption of an "adaptable posture" in the 2010 Strategic Defence and Security Review. The threats to UK national security remain uncertain and unpredictable and it is important flexibility to deal with them is retained. The current main national security threat was from international terrorism, but the Committee calls on the Government to ensure that the next National Security Strategy gives due weight to the likelihood of a return to an increased threat of state versus state conflict. The Government needs to resolve the balance between Parliament's essential role as a strategic inquisitor on military deployments and the use of the Royal Prerogative in conflict decisions. The Government should commit to ensuring that a summary of the legal justification on military action is available to Parliament in advance of any debate. The Government should also set out how it intends to define and assess successful exit strategies and end states.
Download or read book HC 994 Afghanistan written by Great Britain: Parliament: House of Commons: Defence Committee and published by The Stationery Office. This book was released on 2014-05-13 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report expresses the hope that the new President of Afghanistan will move swiftly to sign the Bilateral Security Agreement and Status of Forces Agreement in order to confirm the legal basis on which international forces will operate in Afghanistan post-2014. If a new ISAF Status of Forces Agreement is signed, in addition to the UK military training mission, other UK Government Departments will also be conducting activities in Afghanistan. The ability of these agencies to operate will be determined by what is likely to be an uneven security situation and there needs to be assurance that a cross government response to ensure a Comprehensive Approach to the work of all UK Government Departments and agencies in Afghanistan will be maintained. The potential for post election conflict in Afghanistan will be heavily influenced by the extent to which the unsuccessful candidates accept the results and the extent to which those who are successful are able to develop consent for Afghan security forces to secure the country to allow it to develop. Lasting peace in Afghanistan can only be achieved through a process of reconciliation with the Taliban. This particular Inquiry has examined the progress of withdrawal of UK forces and equipment, the expected assistance to the Afghan National Security Forces after 2014, the impact on Afghanistan of the new Government in Pakistan, and UK relations with Afghanistan and Pakistan after 2014
Download or read book Boots on the Ground written by Richard Dannatt and published by Profile Books. This book was released on 2016-10-03 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Lneberg Heath in 1945, the German High Command surrendered to Field Marshall Montgomery; in 2015, seventy years after this historic triumph, the last units of the British Army finally left their garrisons next to Lneberg Heath. Boots on the Ground is the story of those years, following the British Army against the backdrop of Britain's shifting security and defence policies. From the decolonisation of India to the two invasions of Iraq, and, of course, Ireland, the book tracks the key historical conflicts, both big and small, of Britain's transformation from a leading nation with some 2 million troops in 1945, to a significantly reduced place on the world stage and fewer than 82,000 troops in 2015. Despite this apparent de-escalation, at no point since WWII has Britain not had 'boots on the ground' - and with the current tensions in the Middle East, and the rise of terrorism, this situation is unlikely to change. Sir Richard Dannatt brings forty years of military service, including as Chief of Staff, to tell the fascinating story of how the British Army has shaped, and been shaped by, world events from the Cold War to the Good Friday Agreement. Whether examining the fallout of empire in the insurgencies of Kenya and Indonesia, the politically fraught battle for the Falklands, the long-standing conflict in Ireland or Britain's relationship with NATO and experience of fighting with - or for - America, Dannatt examines the complexity of perhaps the greatest British institution.
Download or read book The Report of the Iraq Inquiry written by Great Britain. Cabinet Office and published by . This book was released on 2016 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry written by Mid Staffordshire NHS Foundation Trust Public Inquiry and published by The Stationery Office. This book was released on 2013-02-06 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This public inquiry report into serious failings in healthcare that took place at the Mid Staffordshire NHS Foundation Trust builds on the first independent report published in February 2010 (ISBN 9780102964394). It further examines the suffering of patients caused by failures by the Trust: there was a failure to listen to its patients and staff or ensure correction of deficiencies. There was also a failure to tackle the insidious negative culture involving poor standards and a disengagement from managerial and leadership responsibilities. These failures are in part a consequence of allowing a focus on reaching national access targets, achieving financial balance and seeking foundation trust status at the cost of delivering acceptable care standards. Further, the checks and balances that operate within the NHS system should have prevented the serious systemic failure that developed at Mid Staffs. The system failed in its primary duty to protect patients and maintain confidence in the healthcare system. This report identifies numerous warning signs that could and should have alerted the system to problems developing at the Trust. It also sets out 290 recommendations grouped around: (i) putting the patient first; (ii) developing a set of fundamental standards, easily understood and accepted by patients; (iii) providing professionally endorsed and evidence-based means of compliance of standards that are understood and adopted by staff; (iv) ensuring openness, transparency and candour throughout system; (v) policing of these standards by the healthcare regulator; (vi) making all those who provide care for patients , properly accountable; (vii) enhancing recruitment, education, training and support of all key contributors to the provision of healthcare; (viii) developing and sharing ever improving means of measuring and understanding the performance of individual professionals, teams, units and provider organisations for the patients, the public, and other stakeholders.
Download or read book Necessity and Proportionality and the Right of Self Defence in International Law written by Chris O'Meara and published by Oxford University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Download or read book The Baha Mousa Public Inquiry report written by Baha Mousa Public Inquiry and published by The Stationery Office. This book was released on 2011-09-08 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terms of reference for this inquiry were to investigate and report on the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him. It takes account of previous investigations that have already taken place, in particular where responsibility lay for approving the practice of conditioning detainees by any members of the 1st Battalion, The Queen's Lancashire Regiment in Iraq in 2003.The report is divided into four modules: the history of the use of conditioning techniques (from the time of internment in Northern Ireland in the early 1970s up to and including March 2003; Baha Mousa and other detainees; training and the chain of command; the future - what has happened since 2003 is considered in relation to conditioning techniques.Baha Mousa died with 93 injuries in custody in Basra in 2003. His relatives claim he was beaten to death by troops. The inquiry concluded that his death was caused by a combination of his weakened physical state and a final struggle with his guards.The Inquiry has criticised the conduct of individual soldiers, senior army officers and their legal advisers and also failures in the chain of command. The lack of training and preparation British troops received for the invasion of Iraq is also highlighted. The report found that systematic abuse of civilians by British troops did not happen.There are 64 recommendations to the Ministry of Defence including that the MoD should keep its current absolute prohibition on the use of hoods on captured personnel. Arguments for the ban are overwhelming and a return to their use is difficult to justify
Download or read book Restructuring Schools written by Hedley Beare and published by Psychology Press. This book was released on 1993 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Education reform has become part of a political imperative in a number of developed countries, including the USA, Japan and the UK. This book questions why this reconstruction occurred at the same time in different places and asks, what common themes are emerging in the restructuring movement?
Download or read book The Female Veteran Population written by Mark S. Russell and published by . This book was released on 1984 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Development Centre Studies Chinese Economic Performance in the Long Run written by Maddison Angus and published by OECD Publishing. This book was released on 1998-09-25 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study provides a major reassessment of the scale and scope of China’s resurgence over the past half century, employing quantitative measurement techniques which are standard practice in OECD countries, but which have not hitherto been available for China.
Download or read book The Puppet Masters written by Emile van der Does de Willebois and published by World Bank Publications. This book was released on 2011-11-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Download or read book Practice and Procedure of Parliament written by M. N. Kaul and published by . This book was released on 1991 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt:
