Ferstman and Arajärvi, ‘Why Civil Claims Are A Necessary Part Of The Arsenal To Address Military Excesses: Assessing the UK Overseas Operations (Service Personnel and Veterans) Bill’

ABSTRACT
… We argue that:

i) Considering the checks and balances within the UK legal system and how it operates as a whole, impeding access to civil and human rights claims ignores the vital role such claims play in ensuring that criminal investigations and prosecutions and related accountability processes are not shut down prematurely. A crucial means of oversight will be lost;

ii) Victims’ access to reparation is an important value worthy of protection and a fundamental and obligatory aspect of UK human rights obligations. This is especially the case for claims involving wrongful death, torture, and ill-treatment; and

iii) The introduction of limitation periods for civil and human rights claims without a possibility for judges to be able to use their discretion to extend them where the exigencies of the circumstances so require, is a significant and unjustifiable limitation of claimants’ access to reparation.

Ferstman, Carla and Arajärvi, Noora, Why Civil Claims Are A Necessary Part Of The Arsenal To Address Military Excesses: Assessing the UK Overseas Operations (Service Personnel and Veterans) Bill (April 13, 2021).

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