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1. Policy Exchange has published Ten Ways to Improve the #OverseasOperationsBill. I welcome only one of their recommendations: to remove war crimes from the Bill's scope, but not for the reason Policy Exchange suggests. https://policyexchange.org.uk/publication/ten-ways-to-improve-the-overseas-operations-bill/
2. Amending Sch 1 so that the Bill would not apply to war crimes would help improve the UK's compliance with its international law obligations, and would reduce the risk that the ICC OTP might revisit its decision to close a preliminary examination into the UK and Iraq.
3. I am much more critical of Policy Exchange's other proposals. My research in the ICLQ and the EHRLR showed that IHAT and the SPLI closed investigations on the basis of extra-legal terminology, invoking 'lower-level' ill-treatment, and a curious meaning of 'proportionality'.
4. Policy Exchange's 6th recommendation is to '[i]ntroduce a rule forbidding further investigations after a decision not
to prosecute has been made unless cogent new evidence has arisen.' This would prevent the re-examination of past, flawed investigations.
to prosecute has been made unless cogent new evidence has arisen.' This would prevent the re-examination of past, flawed investigations.
5. Recommendations 7 and 10 would amend the HRA to limit its extraterritorial application, and require derogation for future overseas operations unless an explanatory statement were made to the HC. These proposals invite further litigation, and of course Art 3 is non-derogable.
6. The 8th and 9th recommendations would prevent tort actions even from the families of service personnel and instead introduce no-fault compensation where service personnel have died. Other victims' right to a remedy, and the MOD's duty of care to troops would be unexamined.
7. Schedule 1 needs urgent amendment to ensure that all international crimes within domestic law (including war crimes, crimes against humanity, genocide and torture) are outside the scope of the #OverseasOperationsBill. Policy Exchange's other proposals are profoundly flawed.
