Nicholas, now a curate in the Church of England, spent 20 years as a lawyer with the British Army. He was the command legal adviser for the invasion of Iraq in 2003 – it was his job to try to ensure that the British Army acted in accordance with the laws of war and other relevant legislation.
“In November 2002 we were warned that we’d be taking part in the invasion of Iraq,” he recalls. “I went to the Permanent Joint Headquarters in January 2003 and asked whether the Human Rights Act would apply on the battlefield. That wasn’t met with much warmth or enthusiasm, and really the question remained unanswered.”
When Nicholas deployed with the 1st Armoured Division into Iraq he again raised the question of the HRA – stressing that he thought it would apply during occupation. He was told “in no uncertain terms” to give no legal advice regarding the Human Rights Act. A few months later, after Nicholas left the country, Iraqi civilian Baha Mousa was beaten to death during so-called “tactical questioning”. “Prisoners were very, very badly treated,” Nicholas says. “They were hooded, put in stress positions, deprived of food, water and sleep and also chained to generators whilst they were awaiting interrogation.”
The HRA now protects such prisoners of war, Nicholas points out. “It is wrong to say it just applies to criminals and terrorists,” he stresses. “These are wholly innocent victims caught up in a war and now, because of the Human Rights Act, the proper protections are in place. That is to be celebrated.”
Nicholas calls the HRA a “living, breathing instrument” which develops “as society’s values changes”. He says it is a “force for good” that has had an “enormous impact” on the British Army – shielding prisoners of war, making military tribunals more independent and impartial and protecting gay and lesbian soldiers from harassment.
And Nicholas saves his last words for all the HRA detractors in Westminster, the media and beyond. “The Human Rights Act has been a civilising force upon a well-respected institution in our society,” he adds. “I wish it would be seen in that light, rather than the negative way it’s always portrayed.”
