Government Response to the Committee’S Tenth Report of Session 2016–17
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1 the Chilcot Report Some Thoughts on International Law And
The Chilcot Report Some Thoughts on International Law and Legal Advice James A Green and Stephen Samuel+ Abstract The Report of the Iraq (Chilcot) Inquiry was finally published, 7 years after the Inquiry’s creation, on 6 July 2016. The scope of the Inquiry’s work was vast, and this was reflected in the enormous size of its final Report. The publication of the Report thus raises a multitude of questions requiring further analysis. In this short article, we aim to contribute some initial thoughts, immediately following the Report’s publication, in just two (interrelated) areas. First, we comment on the role of international law in the Chilcot Inquiry. To what extent was international law considered and how was it presented in the Report? We also ask whether the Report reaches any implicit substantive legal conclusions, despite formally refraining from determinations of law. Secondly, we review the Inquiry’s findings concerning international legal advice and legal advisers. In particular, we contribute some thoughts on the Report’s treatment of questions relating to the appropriate recipients of legal advice and its transparency, the timeliness of advice, the perception and treatment of law and legal advice by the Government, and the independence and quality of that advice. Professor of Public International Law, University of Reading. + Doctoral Candidate, University of Reading. The authors would like to thank April Longstaffe for her research assistance and the ESRC funded ‘Commissions of Inquiry: Problems and Prospects’ project based at the Human Rights and International Law Unit, University of Liverpool, for the financial support both in relation to financing April’s work for us and for funding our trip to Liverpool in January 2015 (well before the publication of the Chilcot Report in July 2016) to present a work-in-progress version of our underpinning research. -
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Written evidence from Dr Samantha Newbery (CHIS0009) Biography A researcher specialising in intelligence and counter-terrorism, Dr Newbery’s forthcoming book addresses the intersection of the use of informers (also known as agents and covert human intelligence sources (CHIS)) and criminality during ‘the troubles’ in Northern Ireland. The book’s themes and cases are directly relevant to this Bill. Dr Newbery’s previous research also addressed policy-making on human rights issues. Her book Interrogation, Intelligence and Security (Manchester University Press, 2015) considered legal and ethical questions raised by the UK’s use of controversial interrogation techniques for counter-terrorism and counter-insurgency since 1945, techniques that were found to be in breach of the European Convention on Human Rights. She is also co-author of Why Spy? The Art of Intelligence (Hurst, 2015) with the late Brian Stewart CMG, a former Deputy Chief of the Secret Intelligence Service. Executive Summary 1. A statutory power to authorise criminal conduct by CHIS This written evidence is in favour of efforts to establish a statutory power to authorise criminal conduct by CHIS. It is appropriate that the Bill covers all public authorities that RIPA permits to use CHIS. Authorisations should only be granted after being approved by an independent review. 2. Immunity from prosecution The ability to prosecute current and former CHIS is essential. The fact that the Bill does not grant them immunity from prosecution should be made clearer to the public, to CHIS and to the handlers to whom CHIS report, either in the Bill itself or through associated publicity. -
Intelligence Ethics 2007.Pdf
Intelligence Ethics: The Definitive Work of 2007* Published by the Center for the Study of Intelligence and Wisdom Edited by Michael Andregg About the Eyes A spy asked, “Why the eyes?” They are the eyes of my daughter, who deserves a decent world to grow up in. They are the eyes of your mother, who deserves a decent peace to grow old in. They are the eyes of children blown to shreds by PGMs sent to the wrong address by faulty intelligence. And they are the eyes of children blown to shreds by suicide bombers inspired by faulty intelligence. They are the eyes of orphans and they are the eyes of God, wondering who fears ethical thought and why. Grandmother says it is time to grow up. The nation is in danger and the children are in peril. So sometimes you can set long books of rules aside and use the ancient Grandma Test. If she were watching, and knew everything you do, would she really approve? Copyright © 2007 by Michael Murphy Andregg All rights reserved. Published in the United States by the Center for the Study of Intelligence and Wisdom, an imprint of Ground Zero Minnesota in St. Paul, Minnesota, USA. Library of Congress Cataloging-in-Publication Data Andregg, Michael M. ISBN 0-9773-8181-1 1. Ethics. 2. Intelligence Studies. 3. Human Survival. Printed in the United States of America First Edition A generic Disclaimer : Many of our authors have had diverse and interesting government backgrounds and some are still on active duty. Others are professors of intelligence studies with active security clearances. -
Investigatory Inquiries and the Inquiries Act 2005
Investigatory inquiries and the Inquiries Act 2005 Standard Note: SN/PC/02599 Last updated: 19 July 2011 Author: Chris Sear Section Parliament and Constitution Centre The Inquiries Act 2005 made significant changes to the system of public inquiries in the UK including the repeal of the Tribunals of Inquiry (Evidence) Act 1921 which had formed the main basis for statutory inquiries over some 80 years. The 2005 Act provides a statutory framework for inquiries into matters of public concern, and this note list the inquiries established under the Inquiries Act 2005 and, provides some assessments of the impact of the Act. This note does not encompass routine administrative inquiries into, for example, planning or social security matters, nor specialist inquiries such as transport accident or companies act investigations. It does however discuss some alternative ways of establishing inquiries into matters of public concern, other than those set up under the 2005 Act, as well as some of the issues raised by public inquiries such as the need to keep the cost of inquiries under control. This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required. This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. -
The Report of the Iraq Inquiry: Executive Summary
Return to an Address of the Honourable the House of Commons dated 6 July 2016 for The Report of the Iraq Inquiry Executive Summary Report of a Committee of Privy Counsellors Ordered by the House of Commons to be printed on 6 July 2016 HC 264 46561_00b Viking_Executive Summary Title Page.indd 1 23/06/2016 14:22 © Crown copyright 2016 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/ version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identifi ed any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at [email protected] Print ISBN 9781474133319 Web ISBN 9781474133326 ID 23051602 46561 07/16 Printed on paper containing 75% recycled fi bre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Offi ce 46561_00b Viking_Executive Summary Title Page.indd 2 23/06/2016 14:22 46561_00c Viking_Executive Summary.indd 1 23/06/2016 15:04 46561_00c Viking_Executive Summary.indd 2 23/06/2016 14:17 EXECUTIVE SUMMARY Contents Introduction ...................................................................................................................... 4 Pre‑conflict strategy and planning .................................................................................... 5 The UK decision to support US military action ................................................................. 6 UK policy before 9/11 ................................................................................................ -
Suez 1956 24 Planning the Intervention 26 During the Intervention 35 After the Intervention 43 Musketeer Learning 55
Learning from the History of British Interventions in the Middle East 55842_Kettle.indd842_Kettle.indd i 006/09/186/09/18 111:371:37 AAMM 55842_Kettle.indd842_Kettle.indd iiii 006/09/186/09/18 111:371:37 AAMM Learning from the History of British Interventions in the Middle East Louise Kettle 55842_Kettle.indd842_Kettle.indd iiiiii 006/09/186/09/18 111:371:37 AAMM Edinburgh University Press is one of the leading university presses in the UK. We publish academic books and journals in our selected subject areas across the humanities and social sciences, combining cutting-edge scholarship with high editorial and production values to produce academic works of lasting importance. For more information visit our website: edinburghuniversitypress.com © Louise Kettle, 2018 Edinburgh University Press Ltd The Tun – Holyrood Road, 12(2f) Jackson’s Entry, Edinburgh EH8 8PJ Typeset in 11/1 3 Adobe Sabon by IDSUK (DataConnection) Ltd, and printed and bound in Great Britain. A CIP record for this book is available from the British Library ISBN 978 1 4744 3795 0 (hardback) ISBN 978 1 4744 3797 4 (webready PDF) ISBN 978 1 4744 3798 1 (epub) The right of Louise Kettle to be identifi ed as the author of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, and the Copyright and Related Rights Regulations 2003 (SI No. 2498). 55842_Kettle.indd842_Kettle.indd iivv 006/09/186/09/18 111:371:37 AAMM Contents Acknowledgements vii 1. Learning from History 1 Learning from History in Whitehall 3 Politicians Learning from History 8 Learning from the History of Military Interventions 9 How Do We Learn? 13 What is Learning from History? 15 Who Learns from History? 16 The Learning Process 18 Learning from the History of British Interventions in the Middle East 21 2. -
Parliamentary Debates (Hansard)
Wednesday Volume 494 24 June 2009 No. 98 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Wednesday 24 June 2009 £5·00 © Parliamentary Copyright House of Commons 2009 This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through the Office of Public Sector Information website at www.opsi.gov.uk/click-use/ Enquiries to the Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU; Tel: 0044 (0) 208876344; e-mail: [email protected] 777 24 JUNE 2009 778 rightly made the case. I hope she will understand when I House of Commons point her to the work of the World Bank and other international financial institutions on infrastructure in Wednesday 24 June 2009 Ukraine and other countries. We will continue to watch the regional economic needs of Ukraine through our involvement with those institutions. The House met at half-past Eleven o’clock Mr. Gary Streeter (South-West Devon) (Con): Given PRAYERS the strategic significance of Ukraine as a political buffer zone between the EU and Russia, does the Minister not think that it was perhaps an error of judgment to close [MR.SPEAKER in the Chair] the DFID programme in Ukraine last year? It would be an utter tragedy if Ukraine’s democracy should fail, so BUSINESS BEFORE QUESTIONS should we not at the very least be running significant capacity-building programmes to support it? SPOLIATION ADVISORY PANEL Resolved, Mr. Thomas: We are running capacity-building programmes on democracy and good governance through That an Humble Address be presented to Her Majesty, That she will be graciously pleased to give directions that there be laid the Foreign and Commonwealth Office. -
Mr Blair's Poodle Goes To
Mr Blair’s Poodle goes to War The House of Commons, Congress and Iraq ANDREW TYRIE MP CENTRE FOR POLICY STUDIES 57 Tufton Street, London SW1P 3QL 2004 THE AUTHOR ANDREW TYRIE has been Conservative Member of Parliament for Chichester since May 1997. His publications include A Cautionary Tale of EMU (CPS, 1991); The Prospects for Public Spending (Social Market Foundation, 1996); Reforming the Lords: a Conservative approach (Conservative Policy Forum, 1998); Leviathan at Large: the new regulator for the financial markets (with Martin McElwee, CPS, 2000); Mr Blair’s Poodle: an agenda for reviving the House of Commons (CPS, 2000); Back from the Brink (Parliamentary Mainstream, 2001); Statism by Stealth: new Labour, new collectivism (CPS, 2002); and Axis of Instability: America, Britain and The New World Order after Iraq (The Foreign Policy Centre and the Bow Group, 2003). The aim of the Centre for Policy Studies is to develop and promote policies that provide freedom and encouragement for individuals to pursue the aspirations they have for themselves and their families, within the security and obligations of a stable and law-abiding nation. The views expressed in our publications are, however, the sole responsibility of the authors. Contributions are chosen for their value in informing public debate and should not be taken as representing a corporate view of the CPS or of its Directors. The CPS values its independence and does not carry on activities with the intention of affecting public support for any registered political party or for candidates at election, or to influence voters in a referendum. ISBN No. -
Intercept As Evidence Cm 7760
Intercept as Evidence A Report Cm 7760 Intercept as Evidence A Report Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty December 2009 Cm 7760 £5.50 © Crown Copyright 2009 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please contact the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected]. ISBN: 9780101776028 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2338743 12/09 981 19585 Printed on paper containing 75% recycled fibre content minimum. CONTENTS Foreword page 4 Introduction page 5 The work programme and model page 6 Main findings page 7 Evidential impact Legal viability Operational viability Costs International comparisons The feasibility of reversion to the current regime Conclusion and next steps page 11 Annexes A The operational requirements page 12 B The work programme page 14 C The intercept as evidence model page 18 FOREWORD The Government has no higher duty than to protect the public. A critical tool in this is the warranted interception of communications that allows law enforcement and intelligence agencies to gather intelligence about terrorists and other serious criminals who seek to do us harm. -
H-Diplo/ISSF Roundtable, Vol. 3, No. 16 (2012)
H-Diplo | ISSF Roundtable, Volume III, No. 17 (2012) A production of H-Diplo with the journals Security Studies, International Security, Journal of Strategic Studies, and the International Studies Association’s Security Studies Section (ISSS). http://www.h-net.org/~diplo/ISSF | http://www.issforum.org Thomas Maddux and Diane Labrosse, H-Diplo/ISSF Editors George Fujii, H-Diplo/ISSF Web and Production Editor Introduction by Jack S. Levy, Rutgers University Joshua Rovner. Fixing the Facts: National Security and the Politics of Intelligence. Ithaca: Cornell University Press, 2011. ISBN: 978-0-8014-4829-4 (hardcover, $35.00). Published by H-Diplo/ISSF on 9 July 2012 Stable URL: http://www.h-net.org/~diplo/ISSF/PDF/ISSF-Roundtable-3-17.pdf Contents Introduction by Jack S. Levy, Rutgers University ...................................................................... 2 Review by Uri Bar-Joseph, Haifa University .............................................................................. 9 Review by Philip H.J. Davies, Brunel University ...................................................................... 16 Review by Michael S. Goodman, Department of War Studies, King’s College London ......... 21 Review by Keren Yarhi-Milo, Princeton University ................................................................. 24 Author’s Response by Joshua Rovner, Department of Strategy and Policy, U.S. Naval War College ..................................................................................................................................... 29 Copyright © 2012 H-Net: Humanities and Social Sciences Online H-Net permits the redistribution and reprinting of this work for nonprofit, educational purposes, with full and accurate attribution to the author, web location, date of publication, H-Diplo, and H-Net: Humanities & Social Sciences Online. For any other proposed use, contact the H-Diplo Editors at [email protected] H-Diplo/ISSF Roundtable Reviews, Vol. III, No. 17 (2012) Introduction by Jack S. -
Introduction
INTRODUCTION Contents Establishing the Inquiry .................................................................................................... 2 Purpose of the Inquiry ................................................................................................ 2 Support to the Inquiry Committee .............................................................................. 3 Avoiding conflicts of interest ...................................................................................... 4 The Inquiry’s approach ..................................................................................................... 5 Initial meetings ........................................................................................................... 5 Issues not addressed by the Inquiry .......................................................................... 6 Hearings .................................................................................................................... 8 Written evidence ........................................................................................................ 9 Publication of the most sensitive documents .................................................... 10 Minutes of Cabinet meetings ............................................................................. 11 Communication between the UK Prime Minister and US President .................. 12 Legal Professional Privilege and the Law Officers’ Convention ........................ 13 Open source material ............................................................................................. -
Intelligence and Security Committee of Parliament
Intelligence and Security Committee of Parliament Annual Report 2016–2017 Chair: The Rt. Hon. Dominic Grieve QC MP Intelligence and Security Committee of Parliament Annual Report 2016–2017 Chair: The Rt. Hon. Dominic Grieve QC MP Presented to Parliament pursuant to sections 2 and 3 of the Justice and Security Act 2013 Ordered by the House of Commons to be printed on 20 December 2017 HC 655 © Crown copyright 2017 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at isc.independent.gov.uk Any enquiries regarding this publication should be sent to us via our webform at isc.independent.gov.uk/contact ISBN 978-1-5286-0168-9 CCS1217631642 12/17 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office THE INTELLIGENCE AND SECURITY COMMITTEE OF PARLIAMENT This Report reflects the work of the previous Committee,1 which sat from September 2015 to May 2017: The Rt. Hon. Dominic Grieve QC MP (Chair) The Rt. Hon. Richard Benyon MP The Most Hon. the Marquess of Lothian QC PC (from 21 October 2016) The Rt. Hon. Sir Alan Duncan KCMG MP The Rt. Hon. Fiona Mactaggart MP (until 17 July 2016) The Rt. Hon.