Government defeated by Lords over bid for prosecution limit on soldiers for war crimes

The Government has been defeated in the House of Lords over a bid for a prosecution limit on soldiers for war crimes.

The Overseas Operations (Service Personnel and Veterans) Bill, which has already cleared the Commons, seeks to limit false and historical allegations arising from deployments by introducing a statutory presumption against prosecution, which would make it exceptional for personnel to be prosecuted five years or more after an incident.

However the Lords backed by 333 votes to 228, moved to ensure the most serious of offences are not covered by legislation aimed at protecting service personnel from vexatious battlefield claims.

The Government also sustained further defeats to the Bill, with peers backing changes aimed at preventing personnel facing delayed and repeated investigations into allegations arising from foreign deployments at 308 votes to 249, and removing a planned six-year time limit on troops bringing civil claims against the Ministry of Defence at 300 votes to 225.

The Bill has faced criticism for not excluding war crimes, crimes against humanity, genocide and torture from its scope, as it did for rape and sexual violence.

Critics argued this risked damaging the UK's international reputation and could lead to service personnel ending up before the International Criminal Court (ICC).

The Bill seeks to limit false and historical allegations arising from overseas operations by introducing a statutory presumption against prosecution, making it exceptional for personnel to be prosecuted five years or more after an incident.

Calls for this provision not to cover genocide and torture were led by Labour former defence secretary Lord Robertson of Port Ellen, who also previously served as secretary general of Nato.

Urging "tactical retreat" by ministers, he said: "For the first time in the history of British law, we would be creating a two-tier justice system where troops acting for us abroad would be treated differently from other civilians in society.

"In addition to that, this Bill by saying that there is a presumption against prosecution for the most serious of all crimes, namely genocide, crimes against humanity and torture, it undermines some of the most basic international legal standards for which this nation was renowned.”

However, Defence minister Baroness Goldie, rejected the demands, as she said the Bill provided an appropriate balance between victims' rights and fair protection for service personnel.

Responding to news that Peers had defeated the Government in amendments to the Bill, Kate Allen, Amnesty International UK’s Director, said: “The Overseas Operations Bill would be a huge stain on the UK’s international reputation, it would end total opposition to torture, and it’s a hugely welcome that the Lords have made this principled stand today. MPs should reflect on this defeat and drop the Bill all together when it returns to the Commons.

“Yet again it has fallen to the Lords to act as the UK’s moral compass.

“Granting troops a licence to torture would be an enduring disgrace for the UK and would set a very dangerous international precedent.”