§ Lord Aveburyasked Her Majesty's Government:
Whether they consider that the training of fighter pilots and the supply of a crew for an attack helicopter by a United Kingdom-based company, for purposes related to an internal armed conflict, under contracts with a legally-based government, conforms with domestic and international law. [HL4979]
§ Baroness Symons of Vernham DeanThe provision of military training and other military services is not, in general, subject to export control. However, some international sanctions regimes prevent the provision of services as well as military goods. For example, UN Security Council Resolution 1493 on the situation in the Democratic Republic of Congo requires states to take measures to prevent the provision of assistance, advice or training related to military activities.
In general, individuals carrying out military services will be subject to the national law of the country in which they are carrying out such activities. If they are directly involved in an armed conflict, their actions would in certain circumstances be subject to international humanitarian law. The UK would additionally have jurisdiction over UK citizens or residents if they were to commit crimes against humanity, war crimes or genocide abroad.
UK companies providing military services in third countries are not currently subject to specific UK legislation. The Green Paper Private Military Companies: Options for Regulation of 12 February 2002 sets out many of the difficulties surrounding such legislation. The Foreign and Commonwealth Office is currently carrying out a review to decide whether and how such companies might be regulated in the light of the use of such companies in Iraq and Afghanistan. The Government will continue to keep Parliament informed of their decisions in this area.