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Armed Forces Bill

I am grateful to the Minister for his reply, and to all noble Lords who have taken part in this very short debate on this matter of considerable principle. Should a person be allowed to argue, to take the question of the noble and gallant Lord, Lord Craig, that an invasion is a war of aggression? Such a war is obviously illegal in international law. Is he entitled to say, ““I refuse to take part in a war of aggression?””. The proof required, since it is a defence that is being put forward, would be for the court to determine on the balance of probabilities—which does not seem a very good standard of proof for such an important issue—that the war is a war of aggression, or that, perhaps in a particular operation that he refuses to go on, he knows that the means to be employed in that operation would be a breach of the Geneva Convention. One can look at the question in a number of ways, taking the broad picture of the whole war, but one can also look at the specific operation he is being asked to undertake within that war. It may be that the war is not a war of aggression, but the orders he is given or the operation he is asked to participate in is in one way or another, although it may not involve him in murdering people, a breach of the Geneva Convention and therefore illegal. We will consider this matter. I shall consider the Minister’s response tonight and in his promised letter to the Joint Committee to see whether we can take this debate any further. This is a probing amendment, and I hope it has at least raised an interesting issue for your Lordships. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 3 agreed to. Clause 4 [Looting]: