There is no justice for soldiers
Soldiers are being hounded for decades after bravely figthing for their country. Having been sent into battle, they are then hung out to dry.
We are advocating fair treatment of soldiers when accused of human rights violations and criminal activity when doing their duty.
This requires an in-depth understanding of:
Recognition of Service: Highlighting the decades-long tradition of professionalism, courage, and dedication by UK Special Forces, including contributions to national and global security.
Complexity of Operations: Understanding the challenging circumstances under which soldiers operate, emphasising split-second decision-making in complex geopolitical and combat environments.
Commitment to Integrity: Reinforcing that any unlawful actions, if any, are exceptions rather than the norm, and the SAS operates under strict rules of engagement.
Trust in Process: Advocating for public confidence in the inquiries' ability to establish the truth and ensure accountability where necessary.
The Urgent Need to Address Lawfare Against SAS Soldiers Active in the Troubles
The Soldiers of the Special Air Service (SAS), who served during the Troubles, now find themselves grappling with an unsettling reality: lawfare leveraging the European Convention on Human Rights (ECHR). This threat poses significant implications for the future of military operations, both in combat and peacekeeping roles. It is imperative we confront this challenge head-on.
Understanding Lawfare and Its Implications
Lawfare refers to the use of legal systems and principles to achieve a political or military objective, often undermining the efficiency and effectiveness of armed forces. For SAS soldiers who risked their lives to protect peace, navigating an environment rife with legal challenges only hinders their ability to act decisively when it matters most. With previous operations under scrutiny, the spectre of ECHR complicates their service and diminishes morale. Whatever the original architects of the Human Rights Act intended - whether driven by financial, ideological, or political motivations - the legislation has become a powerful tool for activist civil servants, lawyers, and judges to systematically challenge parliamentary will across numerous areas of government business.
The Impact on Future Operations
If we expect soldiers to engage in future combat or peacekeeping missions with the same resolve and commitment, we must ensure they operate in a legal framework that supports rather than obstructs their efforts. The ongoing legal challenges they face not only deter recruitment but also threaten to erode the very essence of operational effectiveness. A soldier who is fearful of repercussions in the courtroom may hesitate when split-second decisions are crucial.
The Sovereignty of Parliament and National Interests
Moreover, we must consider the broader implications of judicial oversight on national sovereignty. The creeping influence of the ECHR threatens the UK’s legislative independence, potentially constraining Parliament's ability to act in the interest of its citizens. If left unchecked, this trend could undermine our sovereignty and bind our military strategy to external judicial interpretations that do not reflect the needs and realities of the UK’s national interests.
A Call for Balance
While safeguarding human rights is undoubtedly important, a balance must be struck to avoid undermining the authority of our Parliament and placing our soldiers in jeopardy. The Government's appeal against the Court of Appeal’s interpretation of the Windsor Framework1 is therefore not just a legal matter; it is a fight for the integrity of our national framework that must resonate with every citizen.
Moving forward
As the Government moves forward with initiatives aimed at reconciliation and accountability, it must do so with an unwavering commitment to ensure that the rights of all citizens remain protected within the framework of national sovereignty. To truly honour those who served, we must not only acknowledge the sacrifices of SAS soldiers but also create a legal environment that enables them to serve with confidence and conviction. The time for action is now — our soldiers deserve nothing less.
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¹ The Windsor Framework, agreed upon in 2023 between the UK and EU, replaced the Northern Ireland Protocol. It aimed to resolve post-Brexit trade issues between Great Britain and Northern Ireland while protecting the Good Friday Agreement. The Framework's interpretation and implementation have significant implications for UK sovereignty and legal jurisdiction in Northern Ireland.
Our letter to The Times was published (now nehind paywall) on Tuesday October 08 2024
It was also reprinted here: https://countrysquire.co.uk/2024/10/22/former-sas-regimental-sergeant-major-speaks-out/