Iraq inquiry major I want to face war crimes trial Decorated foreign officer says he'll get more j

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• published: 20 Sep 2016
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A decorated Army major has become so tormented by a decade-long legal witch-hunt in Britain that he is volunteering to face a war crimes trial in the Hague. The officer, who is on sick leave for stress, is facing a possible manslaughter prosecution after being hounded over the death of an Iraqi teenager in Basra 13 years ago. He has become so exasperated that he has told Defence Secretary Michael Fallon he would rather hand himself in to foreign prosecutors. In a letter to Mr Fallon, he said he would welcome an intervention by the International Criminal Court – which normally tries dictators for genocide – because there was a better chance of a fair trial. He said the ICC would be able to ‘finally and definitively put to rest this 13-year witch-hunt that seemingly has no end’. The major’s dramatic gesture came as the Government was accused of ‘hanging soldiers out to dry’ and sacrificing low-ranking servicemen in the investigation into historic allegations in Iraq to spare those higher up the chain of command and ministers from scrutiny. Yesterday, Downing Street said it wanted the inquiry’s work to be ‘wrapped up’ by 2019, but did not suggest it should be scrapped – despite the growing anger over the treatment of British troops. The major, who has post-traumatic stress disorder and is on sick leave because of the stress of repeated investigations, was cleared of any wrongdoing over the death of the Iraqi in 2003 along with two other soldiers in a hearing in Basra in 2006. But taxpayer-funded investigators opened up a new probe into the teenager’s death after being passed the file by disgraced law firm Public Interest Lawyers. After more than a year of questioning him and his comrades, the Iraq Historical Allegations Team or Ihat – set up by the Government in 2010 – referred the case to the service prosecuting authority. Last week they recommended that he and his two comrades – one of whom is still serving – be tried for manslaughter in the first case of its kind. The major, who does not want to be identified, wrote to Mr Fallon in August about his torment. His letter, seen by the Daily Mail, came after he was told that if soldiers did not face Ihat and the British justice system, they could be tried in the Hague in the Netherlands. He said: ‘You mentioned the ICC and how Ihat was a useful way of avoiding that eventuality. Personally, I would welcome the ICC’s involvement and an opportunity to finally and definitively put to rest this 13-year witch-hunt that seemingly has no end. ‘In fact, if it would make things easier, I am willing to travel to the Netherlands and hand myself in, as there is probably more chance of a fair and timely trial there, because in the UK there is no judicial process.’ Last night it emerged that his colleagues were also considering handing themselves in to the ICC because they had no faith in the British justice system. His friend said: ‘He and other soldiers believe the only way they can end the witch-hunt is by going to an independent court. He and his colleagues think they would be dealt with more fairly.’ The major’s lawyer Hilary Meredith, said: ‘He has told me that he is considering handing himself in to the ICC.’ The Ministry of Defence has argued that if Ihat did not investigate then soldiers would be open to referral to the ICC, ‘something this Government is determined to avoid’. But yesterday it emerged that the ICC was examining whether to investigate those military commanders higher up the chain and officials in the Government rather than ordinary soldiers. The ICC opened up a preliminary investigation into Britain’s role in Iraq after it was submitted a document in 2014 by Public Interest Lawyers and the European Center for Constitutional and Human Rights. The document, seen for the first time, refers to the British government’s investigations, saying: ‘These efforts have, without fail, looked only at the bottom of the chain of command, and have systematically shielded from prosecution those bearing the greatest responsibility for the crimes.’ Commenting on the report, Tory MP Johnny Mercer, said: ‘This is an appalling betrayal of our soldiers. It is hanging the soldiers out to dry so they don’t take on the Government, ministers and senior ranks. ‘Ihat needs to close down. Criminals face one trial and that is it, these soldiers are facing two or three investigations.’ The major’s lawyer said 200 soldiers had contacted her and were ‘very worried they are going to be arrested’. Ihat is looking at around 1,500 cases of alleged criminality by British troops during the Iraq war. Asked about the plight of soldiers who have had allegations hanging over them for years, a No 10 spokesman said: ‘The PM would agree that where there are credible allegations of criminality it is right that they are investigated properly.’ The spokesman insisted Ihat was independent and said anyone from the forces involved would receive support, including legal advice.