Military action does not begin with the soldier. It begins with a political decision.
Ministers authorise the use of force. Commanders turn political objectives into operational plans. Subordinate commanders translate those plans into tactical actions. Service personnel then carry them out within rules of engagement and the legal framework established for the operation.
Yet years — sometimes decades — later, it is often the actions of those at the end of that chain that are subjected to renewed scrutiny.
Under Orders, a Salus Archive film, examines Sir David Davis’s Military Operations Bill and the principle at its heart: authority and responsibility should remain connected.
Critics argue that the Bill could provide immunity for military personnel or allow ministers to escape scrutiny for operations they authorised. Davis rejects both claims.
The Bill expressly preserves criminal liability for serious offences, including war crimes and genocide. What it seeks to prevent is repeated investigation without genuinely new and compelling evidence.
And it asks a larger question about political responsibility.
Those who make the decision to send British forces into armed conflict exercise enormous authority. What responsibility should accompany it?
Featuring Sir David Davis MP and Dr Robert Parr.
For a deep dive, read: Warfare, Not Lawfare: A New Legal Framework for Military Operations, by Alexander Gray, Director of Sovereignty at the Prosperity Institute.
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