Justice and Security Bill [HL] — Report (2nd Day) (Continued)

Part of the debate – in the House of Lords at 9:00 pm on 21 November 2012.

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Photo of Baroness Kennedy of The Shaws Baroness Kennedy of The Shaws Labour 9:00, 21 November 2012

There is a case going through the courts. A British resident called Noor Khan is seeking a judicial review. He wants a declaration of unlawfulness made because his father-a civilian, not a terrorist-was killed in northern Waziristan in an American drone attack. This was not in the conflict area of Afghanistan but in Pakistan, and the victim was a civilian casualty. I am told that a number of cases that concern people are linked to the use of drones in Afghanistan, Pakistan and elsewhere. People in Britain will call into question certain legalities because our domestic law covers the behaviour of people who are not in a war zone, and who therefore are subject to domestic law. The noble Lord, Lord Lester, will know that that does not mean that international humanitarian law gives them any protection.