Government Response

The Government responded to this petition on Thursday 12th January 2017

Sergeant Alexander Blackman’s case is the subject of an appeal and it would not be appropriate to comment on this specific issue while this legal process is on-going.

The Government considers our Service personnel to be the best in the world, recognising the very difficult job that they have to do and the high standards they are expected to maintain.

UK Service personnel are subject to the Armed Forces Act 2006 wherever they are in the world. The Act contains a consistent and fair system of Service law that recognises the unique context within which Service personnel operate and it underpins the maintenance of discipline which is fundamental for operational effectiveness. The Service Justice System provides for the same crimes as under the law of England and Wales, including theft, rape and murder, and a range of disciplinary offences specific to the military environment, such as failure to obey a lawful command. When a Service person commits a crime it is essential that justice is done.

There are clear international rules around what is permitted in armed conflict and what actions are prohibited as war crimes, or crimes under UK law. International Law requires the UK to ensure that our Armed Forces are subject to a proper disciplinary system, and to ensure that Service personnel properly understand the law that governs their actions. Violation of criminal law by a Service person can place their colleagues in danger and undermine the legitimacy of the mission. Recognising the difficult circumstances, accountability is a core concept in the law of the UK and this accountability is equally important when it comes to military actions overseas.

Where Service personnel are following lawful orders and are properly performing their duties they are not liable to be prosecuted for what might otherwise constitute crimes. This includes circumstances where there are civilian casualties and other forms of collateral damage. The UK Armed Forces and the Ministry of Defence support the legal and moral obligation to minimise collateral damage. This includes planning our operations with the benefit of legal advice, and adherence to stringent rules of engagement. There are clear and well understood boundaries between when a Service person is acting lawfully, within the confines of their role, and when they have gone outside the performance of their role and committed a crime.

Where there is evidence of a potential crime, an appropriate police investigation must be carried out.

As for the Sergeant Blackman case, this has been the subject of an independent investigation, prosecution and appeal process. It would therefore not be appropriate to comment on this case. The Government is confident however that the legal obligations to which Service personnel are subject to, are clear and appropriate. Service personnel are provided with the appropriate training, guidance and support to familiarise them with the rules of armed conflict and the Armed Forces Act.

Ministry of Defence