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Armed Forces Bill

Before the Minister replies, I would like to make it absolutely clear that my Amendment No. 25 does not make it a defence that a person believed that the war or invasion was illegal, but merely that he can raise before the tribunal the fact that it actually was illegal. He has to prove that it was an illegal act, not that he believed it to be. A considerable burden is therefore placed on him. I rather agree with the noble Baroness that a court martial is not necessarily the best tribunal to decide the legality of a war. However, beyond the tribunal there is the Courts Martial Appeal Court, and beyond that is the Appellate Committee of the House of Lords, soon to be the Supreme Court. Through that route it is possible to obtain the views of the highest judicial authorities. As it is the decision of the Army, or of the new prosecuting authority, to deal with a defendant through a court martial, there is no other way he can challenge the validity of the operation he was asked to participate in. I am sure the noble Baroness will remember that I was not referring simply to the wholesale invasion of Iraq, but possibly to a person refusing to take part in an operation within an invasion that might transgress the laws of war. These are rather wider issues than she was considering when she gave her views a moment ago.