SAS Soldiers Challenge High Court Ban in War Crimes Probe
A legal fightback launched after a High Court judge banned soliders from attending hearings. They say Lord Justice Haddon-Cave is acting 'unlawfully'.
In a dramatic legal battle unfolding at the Royal Courts of Justice, SAS soldiers have taken unprecedented steps to challenge a ruling barring them from attending hearings investigating alleged war crimes in Afghanistan, reports Mark Nicol, Daily Mail Defence Correspondent.
The soldiers, represented by the Ministry of Defence's Witness Legal Team (MODWLT), have accused Lord Justice Haddon-Cave of acting unlawfully and infringing upon principles of open justice.
The controversy stems from an inquiry launched two years ago, following allegations that SAS troops executed unarmed Afghans between 2010 and 2013. Haddon-Cave is heading an inquiry at the Royal Courts of Justice into claims the SAS committed war crimes in Afghanistan.
The inquiry, set up to examine the accusations, has employed confidential 'Green Hearings,' allowing whistleblowers to provide testimony anonymously and without public scrutiny. His approach has raised concerns among SAS soldiers, some of whom could potentially face murder charges, about the fairness and integrity of the proceedings.
At the heart of the soldiers' challenge is the assertion that the judge's decision to conduct secret hearings undermines the Inquiries Act 2005, which safeguards the rights of witnesses, particularly those who may later face criminal charges. The soldiers argue that such closed-door sessions risk allowing untested evidence to sway judgments, potentially compromising the pursuit of justice.
Colonel Hamish de Bretton-Gordon, a former British Army commander, underscored the gravity of the situation, emphasising the need for rigorous scrutiny while defending the soldiers' rights. He echoed widespread public support for the SAS veterans, highlighting a groundswell of almost 200,000 signatures on an online petition aimed at protecting veterans from legal repercussions related to their service during Operation Banner in Northern Ireland.
The legal manoeuvre, involving a Judicial Review application to challenge Haddon-Cave's ruling, could significantly delay the inquiry's outcome, which is not expected before 2027. This delay underscores the contentious nature of the proceedings and the high stakes involved for both the soldiers and the integrity of the judicial process.
Throughout this ordeal, the Ministry of Defence has maintained its support for personnel and veterans participating in the inquiry, affirming its commitment to upholding legal standards while investigating serious allegations. The outcome of the Judicial Review will likely shape the future trajectory of the inquiry, determining whether the pursuit of justice can be balanced with the rights and protections afforded to those accused.
The resolution of this legal challenge will undoubtedly be pivotal in shaping perceptions of justice and fairness in the context of military operations and international law.
Add your voice to support Operation Banner veterans by signing the petition: https://petition.parliament.uk/petitions/725716