December 3, 2018

The Collapse of the Kenyan Emergency Group Litigation: causes and consequences

UK forces rightly adhere to the law of armed conflict, which is secured in practice by service law and the criminal law. However, like other persons, and indeed like the Government itself, they are also entitled to the protection of the rule of law and should not be tried unfairly or pursued by way of inappropriate legal processes. The ongoing pursuit of historical allegations against UK forces represents a failure on the part of the British state to protect those it asks to serve.

Authors

Jonathan Duke-Evans

Former Head of Claims, Judicial Reviews and Public Inquiries, Ministry of Defence

Richard Ekins

Head of the Judicial Power Project

Julie Marionneau

Research Fellow, Judicial Power Project

Tom Tugendhat

Conservative MP for Tonbridge, Edenbridge, and Malling

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