'Lawfare', military operations and the duty to investigate – another view

Our recent Member Opinion on Sir David Davis MP’s Military Operations Bill raised a number of questions about the proposed new legal framework for military operations, including the extent of the duty to investigate allegations of serious wrongdoing.

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Sir David Davis's Miltary Operations Bill: First thoughts from a BAFF member

In this post former BAFF chair Douglas Young, a retired lawyer and reserve Lt Col, commends Sir David Davis's Military Operations Bill but queries the media spin that the Bill would "force ministers to own their decisions", and raises further questions in what Young believes is a "discussion worth having".

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Latest status of 'Northern Ireland legacy' legislation?

The position as of spring 2026 is a bit of a moving target, but can be summarised in three overlapping strands: (1) the existing 2023 Act (partly in force but legally damaged), (2) court challenges undermining it, and (3) new legislation currently working its way through Parliament but delayed.

1) The current law: the 2023 “Legacy Act”

The operative statute

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Armed Forces Bill to impose new legal Covenant duties on Government

The Labour Party's 2024 General Election manifesto included a commitment to "strengthen support for our Armed Forces communities by putting the Armed Forces Covenant fully into law", and in June 2025 following a Defence Committee report on the Armed Forces Covenant, the Government committed to extending the Covenant’s Legal Duty to all UK Government departments and the devolved administrations.

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Free legal advice to be available to victims of sexual offences perpetrated by service personnel

The Ministry of Defence has announced that for the first time, free, independent legal advice will be available to victim-survivors of rape and sexual offences (allegedly) committed by Service personnel or a civilian subject to Service Discipline that are being investigated by the Service Justice System.

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