Johnny Mercer, Parliamentary Undersecretary of State and Minister for Defence People and Veterans has responded to enquiries about the Overseas Operations Bill currently going through the House of Lords to say:
“The UK remains committed to upholding international humanitarian and human rights law, including the UN Convention Against Torture (UNCAT). The UK does not participate in, solicit, encourage or condone the use of torture for any purpose, and we remain committed to maintaining our leading role in the promotion and protection of human rights, democracy and the rule of law. None of the measures in the Bill will erode the law or prevent the MOD from being held to account.
We will continue to take offences such as war crimes and torture extremely seriously. The Bill does not prevent investigations from taking place and prosecutors will continue to have discretion on whether to prosecute for criminal offences - including torture and war crimes - following an investigation, on the basis of the evidence and the circumstances of the case, and whether a prosecution would be in the public interest. We have included the "triple lock" of criminal measures in the Bill in order to give service personnel and veterans greater certainty that the unique pressures placed on them during overseas operations will be taken into account when decisions are being made about whether to prosecute for alleged historical offences. But it is important to note that the Bill does not act as a pardon, amnesty or statute of limitations, and any allegations of criminal offences will continue to be investigated and, where appropriate, prosecuted.”
The Bill has still yet to be ratified in its current form.
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