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Armed Forces Bill

My Lords, I follow my noble friend Lord Garden in congratulating the noble Lord, Lord Judd, on his usual passionate espousal of the rule of international law. I also congratulate the noble and learned Lord, Lord Archer of Sandwell, whom we have missed in our deliberations, on a very thoughtful and wide-ranging speech—ranging not only into history but internationally. Both noble Lords made the point that, inClause 12, the offence is refusal to obey a lawful command. It is therefore a defence to that charge to say that the command was not lawful. Why, therefore, should it not be a defence to a charge under Clause 8 that the operations referred to were unlawful? I appreciate the position that has been so fervently expressed by the noble Lord, Lord Campbell of Alloway, who takes the view that the Attorney-General is the final arbiter of whether the actions or operations are lawful. I do not accept that. I believe that it should be justiciable. Just as it is possible for a defendant to a charge of refusing to obey a lawful command to argue in a court for a decision that the command was unlawful, it should be possible—