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No 10 denies claims it covered up war crime allegations War crimes claims against UK troops need ICC scrutiny, says Labour
(about 3 hours later)
ICC may investigate after claims British troops implicated in killing and torture of civilians Ministers urged to answer allegation that they stifled war crimes investigations
Downing Street has said claims the government covered up allegations of unlawful killings and abuse by British soldiers in Afghanistan and Iraq are untrue. Labour has urged ministers to respond to claims of stifling war crimes investigations after it emerged that no prosecutions have been launched relating to allegations of abuse at a British army base in Iraq in 2003.
Details of a joint investigation by the BBC’s Panorama programme and the Sunday Times, released at the weekend, present evidence they claim implicates British troops in the killing of children and torture of civilians. The shadow attorney general, Shami Chakrabarti, said the allegations of murder, torture and sexual abuse deserved “anxious scrutiny” by the international criminal court (ICC). Downing Street denies any cover-up has taken place.
Their report alleges that British special forces tried to cover up the deaths to avoid being prosecuted for war crimes. Chakrabarti said: “To cover up abuse only undermines Britain’s reputation, military morale, and leaves our own people more vulnerable to abuse by enemy hands in the future. Now ministers must answer these serious charges that they misled the public and stifled war crimes investigations by the Royal Military Police.”
The prime minister’s spokesperson said: “Our military served with great courage and professionalism in Iraq and Afghanistan and the idea that allegations that the MoD [Ministry of Defence] interfered with investigations or prosecution decisions into the conduct of UK forces are untrue.” No 10’s statement came as it emerged the international criminal court may investigate the British military for the first time after allegations that war crimes had been committed. The Conservatives want to introduce a presumption against war crimes prosecution for veterans of Iraq and Afghanistan, and Boris Johnson promised during his Tory leadership campaign that he would legislate to end “unfair trials”.
Leaked documents allegedly contain evidence implicating British troops in the killing of children and torture of civilians. The allegations, which surfaced after an investigation by BBC Panorama and the Sunday Times, suggest there remain serious unresolved issues relating to the conduct of the military dating back nearly 20 years.
The BBC/Sunday Times report said it had obtained evidence from the Iraq historic allegations team (Ihat) that investigated alleged war crimes committed by British soldiers in Iraq, and Operation Northmoor, which investigated alleged war crimes in Afghanistan. The investigation drew on cases examined by the Iraq historic allegations tribunal (Ihat), which was shut down by ministers in 2017. Detectives who worked at Ihat said they found evidence of abuse at Camp Stephen, run by the Black Watch, 3rd Battalion, Royal Regiment of Scotland, in Basra, in southern Iraq.
The government closed Ihat and Operation Northmoor in 2017, after Phil Shiner, a solicitor who had taken more than 1,000 cases to Ihat, was struck off from practising law amid allegations that he had paid people in Iraq to find clients. The investigators found evidence that two Iraqi men were tortured at the camp and died with bags tied over their heads. This summer, special British military prosecutors decided no one would be prosecuted.
Some former Ihat and Operation Northmoor investigators said Shiner’s actions were used as an excuse to close the inquiries. No case investigated by Ihat or Operation Northmoor has led to a prosecution. Downing Street said claims that the government covered up allegations of unlawful killings and abuse by British soldiers in Afghanistan and Iraq were untrue and it defended the military.
The ICC said it took the accusations “very seriously”, according to the BBC. The prime minister’s spokesperson said: “Our military served with great courage and professionalism in Iraq and Afghanistan and allegations that the MoD [Ministry of Defence] interfered with investigations or prosecution decisions into the conduct of UK forces are untrue.”
“The ICC said it would independently assess the BBC’s findings and begin a landmark case if it believed the government was shielding soldiers from prosecution,” the corporation said on Monday morning. Ihat was shut down in 2017 after Phil Shiner, a solicitor who had taken more than 1,000 cases to the tribunal, was struck off from practising law amid allegations that he had paid people in Iraq to find clients for the UK courts.
The court has previously concluded it was credible that British troops committed war crimes in Iraq related to the mistreatment of detainees. The ICC has said it may investigate the British military. It said it took the claims made in the Panorama/Sunday Times investigation “very seriously”, according to the BBC.
The year-long investigation claims to have found evidence of murders by an SAS soldier, as well as deaths in custody, beatings, torture and sexual abuse of detainees by members of the Black Watch. “The ICC said it would independently assess the BBC’s findings and begin a landmark case if it believed the government was shielding soldiers from prosecution,” the corporation said.
A senior SAS commander was referred to prosecutors for attempting to pervert the course of justice, investigators claimed. The court, which has an open inquiry into the conduct of British troops, has previously concluded it was credible that British troops committed war crimes in Iraq related to the mistreatment of detainees.
Panorama Investigation: War Crimes Scandal Exposed will be screened on BBC One at 9pm on Monday.