ABSTRACT
The defence policy environment has been changed out of all recognition over the last two or three decades by the impact of the judiciary upon the conduct of military thinking and operations. This chapter explores the growing sense of ‘legal encirclement’ experienced by senior officers today. In comparison with the freedom enjoyed by military commanders in Northern Ireland during the early 1970s, the use of lethal force and the treatment of detainees have become major issues of controversy, as has the extension of civilian rights to the Armed Forces and the military’s failure effectively to tackle bullying and harassment. These and other related issues are considered in detail along with efforts to ameliorate the problems through such innovations as the creation of a Service Complaints Commissioner – since 2016 in a more influential position as the Service Complaints Ombudsman. The chapter concludes by reviewing the changes introduced in recent years by reforms such as the right of Service personnel to sue the MoD for failing to provide adequate equipment and the impact of historical enquiry teams in Northern Ireland and Iraq. It concludes by considering the fear of the application of war crimes legislation to both service personnel and Ministers of the Crown – and speculates about the reasons for the failure of the chain of command to address these exaggerated apprehensions.
