Recommendation 36

Clause 14, together with clause 39, paves the way for future legislation to limit the extraterritorial application of the Convention by excluding acts done in the course of overseas military operations. At present, service personnel, veterans, and affected civilians will continue to have the right to bring claims, or rely on Convention rights in domestic law, as provided for by the Bill of Rights. Provided it is not brought into force, clause 14 does not breach the Convention, given its deferred commencement. It merely signals the Government’s intention.