The Baha Mousa Public Inquiry report

The Baha Mousa Public Inquiry report PDF Author: Baha Mousa Public Inquiry
Publisher: The Stationery Office
ISBN: 9780102974928
Category : Law
Languages : en
Pages : 420

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Book Description
The terms of reference for this inquiry were to investigate and report on the circumstances surrounding the death of Baha Mousa and the treatment of those detained with him. It takes account of previous investigations that have already taken place, in particular where responsibility lay for approving the practice of conditioning detainees by any members of the 1st Battalion, The Queen's Lancashire Regiment in Iraq in 2003.The report is divided into four modules: the history of the use of conditioning techniques (from the time of internment in Northern Ireland in the early 1970s up to and including March 2003; Baha Mousa and other detainees; training and the chain of command; the future - what has happened since 2003 is considered in relation to conditioning techniques.Baha Mousa died with 93 injuries in custody in Basra in 2003. His relatives claim he was beaten to death by troops. The inquiry concluded that his death was caused by a combination of his weakened physical state and a final struggle with his guards.The Inquiry has criticised the conduct of individual soldiers, senior army officers and their legal advisers and also failures in the chain of command. The lack of training and preparation British troops received for the invasion of Iraq is also highlighted. The report found that systematic abuse of civilians by British troops did not happen.There are 64 recommendations to the Ministry of Defence including that the MoD should keep its current absolute prohibition on the use of hoods on captured personnel. Arguments for the ban are overwhelming and a return to their use is difficult to justify

Detainee Abuse During Op TELIC

Detainee Abuse During Op TELIC PDF Author: Timothy Wood
Publisher: Springer
ISBN: 1137588802
Category : Political Science
Languages : en
Pages : 131

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Book Description
This book reviews the nature of the alleged abuse committed by the UK military forces, exploring the legal paradigm in which the abuse allegedly occurred; the morality of those accused; and the robustness of the accusation of a 'policy of abuse'.

A Very British Killing

A Very British Killing PDF Author: A. T. Williams
Publisher: Arrow
ISBN: 9780099575115
Category : Iraq War, 2003-2011
Languages : en
Pages : 0

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Book Description
On 14 September 2003 Baha Mousa, a hotel receptionist, was arrested in Basra by British troops and taken to a military base for questioning. Less than forty-eight hours later he was dead. This book tells the inside story of this crime and its aftermath.

The Authority of International Criminal Law

The Authority of International Criminal Law PDF Author: Clare Frances Moran
Publisher: Cambridge University Press
ISBN: 1108483658
Category : Law
Languages : en
Pages : 161

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Book Description
Considers the legitimacy and authority of international law, showing how it can be more than simply an exercise of power.

Torture, Intelligence and Sousveillance in the War on Terror

Torture, Intelligence and Sousveillance in the War on Terror PDF Author: Vian Bakir
Publisher: Routledge
ISBN: 1317009789
Category : Social Science
Languages : en
Pages : 302

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Book Description
Torture, Intelligence and Sousveillance in the War on Terror examines the communication battles of the Bush and Blair political administrations (and those of their successors in America and Britain) over their use of torture, first-hand or second-hand, to gain intelligence for the War on Terror. Exploring key agenda-building drivers that exposed the torture-intelligence nexus and presenting detailed case studies of key media events from the UK and USA, this insightful volume exposes dominant political discourses on the torture-for-intelligence policy. Whether in the form of unauthorized leaks, official investigations, investigative journalism, real-time reporting, or Non-Governmental Organisation activity, this timely study evaluates various modes of resistance to governments’ attempts at strategic political communication, with particular attention to ’sousveillance’: community-based recording from first-person perspectives. A rigorous exposition of the power-knowledge relationships constituting the torture-intelligence nexus, which re-evaluates agenda-building models in the digital age and assesses the strength of the public sphere across the Third, Fourth and Fifth Estates, Torture, Intelligence and Sousveillance in the War on Terror will appeal to scholars across the social sciences with interests in media and communication, sociology and social theory, politics and political communication, international relations, and journalism.

Prisoners of War in Contemporary Conflict

Prisoners of War in Contemporary Conflict PDF Author: Michael N. Schmitt
Publisher: Oxford University Press
ISBN: 0197663281
Category : Law
Languages : en
Pages : 481

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Book Description
"The International Committee of the Red Cross' release of its 2020 Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War, which updated the existing 1960 "Pictet Commentary," drew global attention to the international humanitarian law governing prisoners of war POWs. This book contributes to the dialogue with a collection of capita selecta identified by the contributors as meriting examination. Part I examines qualification for POW status from two angles. Four contributions deal with types and domains of warfare - proxy, fluid, maritime, and space. The remaining three take on issues regarding the status of detainees set forth in Article 4 of the Third Geneva Convention, specifically combatants, civilians accompanying the force, and members of a levée en masse. Part II discusses the treatment to which POWs are entitled. Topics range from a broad survey of key issues regarding POW treatment in contemporary conflicts to narrow topics that have created confusion or proven challenging in practice. The book concludes with Part III's consideration of the historical relevance of, and perspectives on, the international law governing POWs"--

Investigating Operational Incidents in a Military Context

Investigating Operational Incidents in a Military Context PDF Author: David W. Lovell
Publisher: Martinus Nijhoff Publishers
ISBN: 9004277102
Category : Law
Languages : en
Pages : 273

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Book Description
‘Operational incidents’ denotes misconduct, misdeeds or mishaps that occur on military operations, whether concerning the mistreatment of enemy soldiers, offences against civilians, conflict of varying levels within one’s own forces, or accidents that lead to injury or death within a theatre of operations. Alleged breaches of IHL or the disciplinary regulations of particular militaries require at the very least an initial assessment to determine the facts and then, if warranted, a more substantial investigation. The need for robust investigations, however, is not always matched by the will and the ability to undertake them. There is at last a sufficient body of experience on which we can reflect, in this volume, on such investigations, their challenges, and their likely evolution.

Chilcot Report

Chilcot Report PDF Author: Sir John Chilcot (chairman)
Publisher: Canbury Press
ISBN: 099549780X
Category : History
Languages : en
Pages : 220

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Book Description
All the key findings of the public inquiry into the handling of the 2003 Iraq war by the British government led by Tony Blair. Chaired by Sir John Chilcot, the Iraq Inquiry (known as the 'Chilcot Report') tackled: Saddam Hussein's threat to Britainthe legal advice for the invasionintelligence about weapons of mass destruction andplanning for a post-conflict Iraq. This 60,000-word executive summary was published in July 2016. Philippe Sands QC wrote in the London Review of Books: 'It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate.' Published under an Open Government Licence, this book aims to make better known the findings of the Iraq Inquiry, which took seven years to complete at a cost of £10 million. The text, headings, footnotes and any emphasis are exactly those of the original document. Contents Introduction Pre-conflict strategy and planning The UK decision to support US military action Why Iraq? Why now? The UK's relationship with the US Decision-making Advice on the legal basis for military action Weapons of mass destruction Planning for a post-Saddam Hussein Iraq The post-conflict period Occupation Transition Planning for withdrawal Did the UK achieve its objectives in Iraq? Key findings Lessons Timeline of events REVIEWS The Iraq Inquiry, chaired by Sir John Chilcot and composed of five privy councillors, finally published its report on the morning of 6 July, seven years and 21 days after it was established by Gordon Brown with a remit to look at the run-up to the conflict, the conflict itself and the reconstruction, so that we can learn lessons. It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate. — Philippe Sands, London Review of Books A more productive way to think of the Chilcot report is as a tool to help us set agendas for renewed best efforts in creating more effective and accountable statecraft. Chilcot has confirmed that... we still do not have intelligent long-range planning by the armed forces in close and active cooperation with other government agencies, nor an adequate and integrated system for the collection and evaluation of intelligence information, nor do we have the highest possible quality and stature of personnel to lead us through these challenging times. — Derek B. Miller, The Guardian Although sceptics wondered how much more the very-long-awaited Report of the Iraq Inquiry by a committee chaired by Sir John Chilcot could tell us when it appeared at last in July, it proves to contain a wealth of evidence and acute criticism, the more weighty for its sober tone and for having the imprimatur of the official government publisher. In all, it is a further and devastating indictment not only of Tony Blair personally but of a whole apparatus of state and government, Cabinet, Parliament, armed forces, and, far from least, intelligence agencies. Among its conclusions the report says that there was no imminent threat from Saddam Hussein; that the British chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted; that military action was not a last resort... — Geoffrey Wheatcroft, The New York Review of Books Ideal for any student of politics, diplomacy, or conflict.

Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry

Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry PDF Author: Mid Staffordshire NHS Foundation Trust Public Inquiry
Publisher: The Stationery Office
ISBN: 9780102981476
Category : Medical
Languages : en
Pages : 126

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Book Description
This public inquiry report into serious failings in healthcare that took place at the Mid Staffordshire NHS Foundation Trust builds on the first independent report published in February 2010 (ISBN 9780102964394). It further examines the suffering of patients caused by failures by the Trust: there was a failure to listen to its patients and staff or ensure correction of deficiencies. There was also a failure to tackle the insidious negative culture involving poor standards and a disengagement from managerial and leadership responsibilities. These failures are in part a consequence of allowing a focus on reaching national access targets, achieving financial balance and seeking foundation trust status at the cost of delivering acceptable care standards. Further, the checks and balances that operate within the NHS system should have prevented the serious systemic failure that developed at Mid Staffs. The system failed in its primary duty to protect patients and maintain confidence in the healthcare system. This report identifies numerous warning signs that could and should have alerted the system to problems developing at the Trust. It also sets out 290 recommendations grouped around: (i) putting the patient first; (ii) developing a set of fundamental standards, easily understood and accepted by patients; (iii) providing professionally endorsed and evidence-based means of compliance of standards that are understood and adopted by staff; (iv) ensuring openness, transparency and candour throughout system; (v) policing of these standards by the healthcare regulator; (vi) making all those who provide care for patients , properly accountable; (vii) enhancing recruitment, education, training and support of all key contributors to the provision of healthcare; (viii) developing and sharing ever improving means of measuring and understanding the performance of individual professionals, teams, units and provider organisations for the patients, the public, and other stakeholders.

House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931

House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931 PDF Author: Great Britain: Parliament: House of Commons: Defence Committee
Publisher: The Stationery Office
ISBN: 9780215070654
Category : Political Science
Languages : en
Pages : 162

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Book Description
UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.