Allegations of crimes by British troops in Afghanistan show why access to justice must be protected

New allegations that British troops committed war crimes in Iraq and Afghanistan make clear why the government needs to scrap a law that reduces opportunities for torture survivors to seek justice.

This week the BBC reported on shocking new claims made by members of UK Special Forces who allege they witnessed their colleagues murder unarmed and sleeping civilians in Afghanistan, including children.

These latest allegations of war crimes by those at the heart of British overseas operations stretch way beyond the 3-year period from 2010 to 2013 currently under examination by the Independent Inquiry relating to Afghanistan.

Allegations made by members of Special Forces themselves about their brothers in arms that "they were lawless. They felt untouchable", make it crystal clear that there should never be a time limit on justice.

This new reporting comes in the wake of allegations at the ongoing Afghanistan inquiry, not only of appalling crimes by British Special Forces, but also of attempts to cover them up. Evidence at the inquiry has indicated, for example, that senior military officers locked away evidence rather than handing it over to the police, and that attempts to investigate were obstructed.

There has been a constant stream of reports in recent years about allegations of war crimes by British troops in Afghanistan. Despite this, members of the previous government continued to support the 2021 Overseas Operations Act, which when proposed as a Bill had the effect of making investigation and prosecution of such alleged crimes almost impossible.

If the Bill had passed into law, this could have prevented prosecution of the horrific crimes alleged at the Afghanistan inquiry and in the latest bombshell reporting. Torture survivors campaigned against the worst elements of the Overseas Operations Bill, and they secured some very significant victories. These latest devastating allegations yet again demonstrate why their resistance was so crucial.

However, the Overseas Operations Act remains a stain on the statute book, limiting access to justice by restricting civil claims for torture and murder. This government must repair the damage to the UK’s global reputation as a bastion of international law and scrap it once and for all.

Banner image credit: PJF Military Collection / Alamy Stock Photo