Marine A review could end farce of war crime trials for our Iraq troops
JAILED Royal Marine Alexander Blackman is to be a legal test case that could spare UK soldiers who face Iraq war crimes allegations.
Officials reviewing his murder conviction upgraded his case to a top priority so troops know ‘what constitutes a war crime and what does not’.
The outcome was deemed ‘potentially landmark’ as it could give ‘clarity’ on charges faced by other soldiers being investigated by the Iraq Historic Allegations Team. Iraq war veterans are the subject of 1,686 abuse claims being pursued by ambulance-chasing lawyers.
Sgt Blackman, known as ‘Marine A’ at his court martial, was jailed for life in 2013 for shooting a dying Taliban insurgent in Afghanistan.
On Tuesday, he won a momentous step towards freedom – following a Daily Mail campaign for justice – when he was granted the right to a fresh appeal.
The Criminal Cases Review Commission said there was ‘a real possibility’ the murder conviction would be quashed on the basis of fresh psychiatric evidence that the 42-year-old was suffering combat stress disorder when he pulled the trigger in 2011.
Now it can be revealed the commission concluded almost a year ago that the case had wider implications for hundreds of British soldiers being investigated by Ihat.
The CCRC’s Sally Berlin told the Marine’s lawyers in a letter dated January 8: ‘As a relatively recent “war crimes” conviction, arising from an incident in a relatively recent conflict, the safety of this conviction and outcome of the case has a potential to be “landmark”.
‘The investigations currently being carried out by Ihat may lead to UK soldiers who fought in the Iraq war being prosecuted for war crimes. It is important this case be resolved as early as reasonably possible as it has potential to impact on decisions in that context.’
Another reason, she said, was that British servicemen and women were currently involved in active operations.
‘It is important that those personnel are clear as to what constitutes a war crime and what does not,’ she wrote. ‘The outcome of this case, whatever that will be, will assist with that clarity.’
Yesterday lawyer Hilary Meredith, who represents soldiers under investigation by Ihat, said: ‘Direction should have come from the Ministry of Defence before we set a foot in Iraq, on what does or does not constitute a war crime,’ she said. ‘If it was found that there was a lack of direction from the MoD, then Blackman and many others cannot be to blame – and these prosecutions would be dropped.’
Miss Meredith’s firm – backed by 200 British troops – has threatened to take the MoD to court for ‘hanging soldiers out to dry’.
She added: ‘What is and isn’t a war crime has to come from the MoD…The MoD has failed these men and women including Sergeant Blackman and should hang their heads in shame.’
Colonel Richard Kemp, who commanded UK forces in Afghanistan and Iraq, added: There is no question in my mind that the Blackman case will highlight, and maybe set a precedent, that when investigating the actions of a soldier on the battlefield, the psychological stresses on him must always be taken into account. And not simply used as a defence – but indicate that he shouldn’t necessarily be prosecuted in the first place.’
Three eminent psychiatrists have agreed Sgt Blackman was suffering combat stress disorder when he shot the Taliban, following months of gruelling battles.
It came as lawyer Phil Shiner who has spent more than a decade hounding soldiers – will today face a disciplinary tribunal over claims he drummed up cases against troops. Charges against him and his colleague John Dickinson will be heard in public for the first time at a hearing in London after he fought to keep them secret on grounds of ill-health.