HL Deb 29 June 2004 vol 663 cc14-5WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Statement by the Lord Bach on 4 May (HL Deb, col. 1030) that United Kingdom personnel in Iraq "are subject to United Kingdom law, as they would be in the United Kingdom", whether United Kingdom personnel are accountable for breaches of human rights in Iraq as they would be in the United Kingdom; and, if not, what is the position. [HL2713]

The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Bach):

United Kingdom Military personnel are subject to military discipline wherever they are in the world and can be tried in military courts for any criminal offences committed by them in Iraq. This would include murder, assault or false imprisonment and offences under Section 134 of the Criminal Justice Act 1988 which implements in domestic law the United Kingdom's obligations under the UN Convention against Torture. The question whether their actions are also subject to the European Convention on Human Rights is currently the subject of judicial review proceedings in which the Government will argue that the convention does not apply.

Lord Hylton

asked Her Majesty's Government:

How they are ensuring that British Forces in Iraq fully understand current instructions to treat prisoners and detainees in accordance with the Geneva Conventions and to use the minimum necessary force in dealing with insurgents and demonstrators. [HL2829]

Lord Bach:

All British forces personnel in Iraq have the authority to detain persons who pose a threat to their safety or security and are, therefore, briefed in prisoner handling. This includes guidance that prisoners should be treated, at all times, fully in accordance with the Geneva Conventions.

All use of force is governed by United Kingdom forces' rules of engagement (ROE). The ROE take into account the UK's obligations under national and international law, of which necessity and proportionality are fundamental principles.