The Scandal and Shame of Lawfare

Lt.Col. (Ret'd) Simon Barry looks at how lawyers bilk taxpayers for millions with false allegations and vexatious legal cases against soldiers.

The Iraq War offers a vivid representation of the evolution of legal warfare, often referred to as "lawfare," against military personnel. The development and impact of lawfare is clearly seen in the debacle involving Phil Shiner and the legacy it left behind.

A Noble Beginning: Ideals in Soldiering

As the troops prepared for the Iraq invasion, Colonel Tim Collins addressed the Royal Irish regiment, epitomising British military virtues. His message was clear: the mission was to liberate, not conquer.

"If you are ferocious in battle," Collins said, "remember to be magnanimous in victory."

His words underscored the delicate balance between duty and humanity, reminding soldiers that taking a life is a grave step not to be taken lightly.

Colonel Collins' address held an expectation that soldiers would return home safely and leave behind a better Iraq.

It was not about aggression but fulfilling their professional duty with integrity and honour.

The Unraveling: Phil Shiner's Misdeeds

However, the aftermath of the war saw this nobility under siege by legal manipulations.

The scandal surrounding Phil Shiner vividly illustrates this point.

His firm, Public Interest Lawyers, misused public funds, fabricating cases against British troops. Millions of taxpayer pounds were expended on false accusations, with Iraqi witnesses allegedly paid for deceitful testimonials.

The establishment's attitude towards Shiner was one of reverence.

Yet, in 2007, he was honoured as the Law Society's Solicitor of the Year.

Eminent figures, including Baroness Chakrabarti and the now Attorney General, Lord Hermer, praised his efforts as incredibly significant.

The facade crumbled when Shiner was struck off in 2017 and later found guilty of several fraud charges.

Yet, remarkably, the punitive measures against him by 2024 amounted to little more than a mere slap on the wrist.

A Critical Perspective: The Attorney General's Stance

Adding insult to injury, the current Attorney General, known for representing figures like Gerry Adams and Al Qaeda terrorists, presents an unsettling nonchalance towards military personnel. His platitudes ring hollow, displaying a startling lack of understanding and empathy for soldiers who risked their lives in Iraq.

The Shiner saga raises grave questions about governmental support for troops.

Accurate and robust backing could have allowed those who served in Iraq to effect more meaningful change, rather than being overshadowed by the legal manipulations exemplified in the Shiner case.

The scandal surrounding lawfare against soldiers is a poignant reminder of the moral complexities facing modern warfare.

While soldiers strive to maintain ethical standards in battle, their efforts are often undermined by legal exploitation.

This incongruous reality demands a reassessment of how governments support military personnel when legal warfare threatens to overshadow acts of genuine bravery and service.