Overseas Operations (Service Personnel and Veterans) Bill: Consideration of Lords

Furthermore, as war crimes are within the jurisdiction of the International Criminal Court, the amendment also fails to achieve one of the main aims of the Robertson amendment which is to protect UK troops from the risk of prosecution before the ICC. [...] This distinction between the Government amendment and the Robertson amendment is not obvious from the MoD statement explaining the Government’s amendment in lieu of the Robertson amendment which simply says The initial form of the legislation robustly held up the Government’s commitment to International Humanitarian Law but we have listened to the views of the House of Lords and tabled an amendmen. [...] As war crimes are within the jurisdiction of the International Criminal Court, the amendment also fails to achieve one of the main aims of the Robertson amendment which is to protect UK troops from the risk of prosecution before the ICC. [...] The legal argument in favour of the Robertson amendment The principle of legality, that we are all subject to the law, has been part of the British conception of the Rule of Law since Albert Dicey first utilised the phrase “rule of law” in 1885. [...] 10 Overseas Operations Bill – Rule of Law Monitoring international legitimacy, the Bill will impact the UK’s capabilities and operational partnerships.13 The pragmatic argument in favour of the Robertson amendment We have agreed to be subject to the jurisdiction of the International Criminal Court.