UK military amnesty for historic prosecutions could breach international human rights law

Soldier amnesty plans pose grave challenges to human rights – and set the stage for a future showdown with the European Court of Human Rights.

The UK’s new defence secretary, Penny Mordaunt, has been quick to stamp her authority on the office by announcing plans to introduce an amnesty on historical prosecutions for UK military veterans. She has also announced her support for the UK to opt out of the European Convention on Human Rights (ECHR) in future military engagements.

Having already lost one MP in protest over the prosecution of soldiers, this move is likely to prove popular with the Conservative grassroots, particularly with a leadership election campaign looming. But it is also likely to breach the UK’s international human rights obligations and set up a clash between the UK and the European Court of Human Rights, which adjudicates on alleged breaches of the ECHR.