This applies only to the injury or death of those serving in the military on behalf of the British Crown. As the noble Lord, Lord Campbell, pointed out to me just before we came in, operations nowadays may not be on behalf of only the British Crown. They may be carried out, for example, in combination with the Americans, the French or some other nation. That is a further complication which did not arise in the case of Smith. The same principles could possibly apply in that situation. However, it does not deal at all with actions against, for example, Iraqis or any other people among whom our Armed Forces might be serving. The jurisdiction applies, in this particular case, to the injury or death of those serving. There would be implications of other kinds, not dealt with in Smith, so far as people who are not members of the Armed Forces are affected by actions of the Armed Forces.
Armed Forces Bill
Proceeding contribution from
Lord Mackay of Clashfern
(Conservative)
in the House of Lords on Tuesday, 1 March 2016.
It occurred during Debate on bills
and
Committee proceeding on Armed Forces Bill.
About this proceeding contribution
Reference
769 c95GC Session
2015-16Chamber / Committee
House of Lords Grand CommitteeLibrarians' tools
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2021-10-12 15:18:19 +0100
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