Thursday, February 09, 2006

Soldiers 'in fear of front line prosecution'

British troops operating in Iraq are becoming increasingly "risk averse" over fears of being prosecuted, a former military chief told a Parliamentary committee yesterday.

Evidence also emerged at the Defence Select Committee that a senior Army leader had asked whether it was necessary to "offer for prosecution" troops in order to placate pressure groups and lawyers.

Admiral Lord Boyce, who was Chief of the Defence Staff during the Iraq invasion in 2003, told MPs that after talking to soldiers he believed there was now "a rise in risk averseness" and "a feeling of legal encirclement".

Lord Boyce, who was giving evidence for the new Armed Forces Bill, repeated a story about soldiers doing pre-Iraq deployment training in which civilians dressed up as local Iraqis.

One soldier shot a "good" person and the training sergeant, in reference to the International Criminal Court, said: "Right lad, that's you for The Hague".

"That's the feeling out there, people are under pressure," he said.

He was also concerned at the "creeping jurisdiction" of the ICC whereby British soldiers could become more "vulnerable" to prosecution as war criminals.

There are fears in military circles that the "zealotry" of lawyers has become an unnecessary burden for officers and men and could fatally affect them making split-second decisions on operations.

In reference to "ambulance-chasing lawyers" seeking cases from Iraqis allegedly assaulted by British troops, Lord Boyce said he believed there were people "marauding around who provoke an allegation to force an investigation".

One of the main changes to military law will be the withdrawal of a commanding officer's historic powers to dismiss investigation into serious allegations such as murder.

Lord Boyce warned that "tampering" with the military chain of command could damage operational effectiveness.

"If you diminish a commanding officer's authority or start to erode his authority you will have a fracture which is ultimately going to cause failure," he said.

Air Chief Marshal Sir Jock Stirrup said it was essential that actions taken by soldiers in the heat of battle were judged in context, "not as if they are walking down Watford High Street".

Telegraph

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