§ Lord Lester of Herne Hill asked Her Majesty's Government:
§ What steps they have taken since the occupation of Iraq to ensure that (a) members of the Armed Forces and other United Kingdom personnel and persons employed by contractors there comply with international human rights and humanitarian law; (b) there are effective safeguards and sanctions against abuse whether by torture or other forms of inhuman or degrading treatment or punishment; and (c) there are effective remedies for any victims of such abuse.[HL2753]
36WA§ The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Bach): Members of the United Kingdom Armed Forces and contractors are liable under both UK and international law for their conduct while on operations in Iraq. As such, military personnel are fully informed of their responsibilities and obligations under international human rights and humanitarian law, not only through training received prior to deployment, but also through specific standard operating procedures. All UK military personnel deploying to Iraq receive an aide-mémoire card on the law of armed conflict which clearly states that prisoners, detainees and civilians must be treated with dignity and respect, and must not in any way be subject to abuse, torture or inhuman or degrading treatment.
§ Any breaches in the law are usually also offences against service law, and are tried under service discipline Acts, but may also be tried under ordinary criminal law, which includes the Geneva Convention Act 1957 and the Criminal Justice Act 1988 (which gives effect to the torture convention). Likewise, contractors would also be tried under ordinary criminal law if they were found to have abused Iraqis. However, contractors are not directly involved in the apprehension or detention of Iraqis.
§
There is a mechanism in place by which Iraqi citizens who claim to have been abused by members of the UK Armed Forces can make a claim. Such claims are handled in accordance with the direction of the Coalition Provisional Authority—specifically Section 6 of CPA order number 17. This states that:
Third party claims including those for property loss or damage and for personal injury and death or in respect of any other matter arising from or attributing to Coalition personnel or any persons employed by them, whether normally resident in Iraq or not, and that do not arise in connection with military combat operations, shall be submitted and dealt with by the Parent State whose coalition personnel, property, activities or other assets are alleged to have caused the claimed damage, in a manner consistent with the national laws of the Parent State".
§ Hence, we would generally make payments in circumstances where the claim would give rise to a legal liability under English Law. Payments by other coalition partners is a matter for them.