The war powers of the British parliament: What has been established and what remains unclear?

Abstract

Britain’s parliament has historically lacked formal war powers. Since 2003, however, MPs have voted five times on military action, including famously vetoing intervention in Syria in 2013. A new convention developed that—regardless of the legal position—governments should permit the House of Commons the opportunity to veto certain military deployments. This article explores what we now know—and what we do not—about the British War Powers Convention. It identifies apparent exceptions, including non-combat, Special Forces and drone operations. It highlights areas lacking clarity: for example, who decides what constitutes an ‘emergency’? It argues that most governments probably will allow the House of Commons to have its say before using force abroad, that a government politically able to bypass MPs without punishment need not fear involving them, while one unable to win support will be punished for avoiding a vote. Finally, the article considers the implications, both positive and negative, of parliamentary war powers for Britain.