Soldiers must be free to fight without fear of legal reprisals

Labour leader's Ukraine pledge raises questions over troops' legal protection

Sir Keir Starmer has declared he is prepared to contribute to security guarantees for Ukraine by “putting our own troops on the ground if necessary … I do not say that lightly. I feel very deeply the responsibility that comes with potentially putting British servicemen and women in harm’s way”.

But, asks Colonel Nick Kitson DSO, in theTimes, will he provide adequate legal safeguards exist to protect servicemen and women from future prosecution?

Col. Kitson raises serious concerns about legal protections for British military personnel, criticising the government's intention to repeal important parts of the Legacy Act, which was designed to end prolonged investigations into historical actions in Northern Ireland. He also highlights the substantial financial cost of these legacy investigations, estimated between £2.2-2.7 billion.

Col. Kitson questions whether current military personnel understand their personal legal liability, particularly regarding the European Convention on Human Rights (ECHR). He questions why successive governments haven't sought Article 15 waivers ("Derogation in time of emergency") for military engagements, suggesting this oversight leaves individual soldiers vulnerable to retrospective legal scrutiny.

Drawing from his extensive military experience across multiple conflict zones, Kitson argues that while breaches of international humanitarian law should be punished, soldiers shouldn't face persecution for carrying out their legitimate duties in protecting public safety and upholding the law.

You can read Col. Kitson here: https://www.thetimes.com/comment/columnists/article/soldiers-must-be-free-to-fight-without-fear-of-legal-reprisals-z6xbjbv6p