The Criminal Liability of a British Soldier Merely for Participating in the Iraq War 2003 : A Response to Chilcot Evidence

Rowe, Peter (2010) The Criminal Liability of a British Soldier Merely for Participating in the Iraq War 2003 : A Response to Chilcot Evidence. Criminal Law Review, n/a (10). pp. 752-760. ISSN 0011-135X

Abstract

This article challenges the assumption that had the United Kingdom engaged in military operations in Iraq in 2003 without a credible legal base British soldiers would have been liable for murder or for the crime of aggression merely by participating in the armed conflict. It considers the nature of the ‘Queen’s peace’ in the crime of murder and whether the crime of aggression is limited to policy makers. It argues that an ordinary soldier could not become a secondary party to the crime of aggression. It concludes with a suggestion that an earlier proposal canvassed by the Law Commission be enacted to ensure that acts committed by British Servicemen and women would not amount to a crime under English law if they were authorised by the lawful conduct of war.