On Wednesday, the government will bring new legislation before Parliament, geared toward protecting armed forces personnel and veterans from “vexatious claims” of having committed war crimes during overseas conflicts throughout history.
The plans are the culmination of one of Boris Johnson’s pledges outlined in the Conservative election manifesto, which said that the party would take action on the issue within 100 days of re-election.
The new bill outlines proposals for a five-year limit to be placed on criminal prosecutions, starting from the date of the alleged incident taking place. Exceptions will only be made in the case of “compelling new evidence” being uncovered.
Any civil case which resulted in personal injury or death would be bound by a six-year limit, under the proposals.
The bill will also enable any future government to consider effectively opting out of the European Convention on Human Rights in any overseas conflict.
Defence secretary Ben Wallace informed the Commons on Monday that the bill would apply to “overseas operations” only, and so it will not extend to cover troops who served in Northern Ireland during the Troubles.
Separate plans will be drawn up to cover such cases, and a statement will be made by the Northern Ireland Office to outline these provisions.
Wallace added: “They will be equal, as similar, to the protections we’re going to look at overseas”.
In the case of Northern Ireland, only cases with “new compelling evidence and a realistic prospect of a prosecution” will trigger a thorough investigation. A legal block will then ensure that the same case cannot be put before authorities again, to avoid veterans being repeatedly dogged by a cycle of investigations and re-investigations.
Johnny Mercer, the government’s veterans minister, was supportive of the bill, but it has come under fire from human rights groups who say it will undermine international conventions.
