Judges’ review could stop repeat investigations into UK troops

THE Ministry of Defence has ordered a judge-led inquiry into investigations of troops, which could block repeated inquiries into allegations.

Ben Wallace, the Defence Secretary, said the review into how allegations were raised and investigated would help tackle the uncertainty faced by military personnel overseas.

The review will not cover allegations made against military personnel stationed in Northern Ireland. The Daily Telegraph understands the retired High Court judge leading the inquiry will be named in the coming days.

The Mod’s policy and methods for investigating allegations during overseas operations will be scrutinised to ensure they are fit for purpose.

The review will look at whether there is enough co-operation between independent investigators and prosecutors to increase the speed of decision-making, as well as the extent to which such investigations are hampered by organisational culture.

Barriers to Armed Forces investigations, such as whistle-blowing and group l oyalty, are expected to be included in the review, due to report next summer.

The inquiry will not reconsider past investigations or decisions, or reopen historical cases. It is expected to recognise the difficulty in investigating allegations of wrongdoing in areas where hostilities are ongoing.

Mr Wallace said: “Nobody wants to see service personnel subjected to drawn-out investigations, only for the allegations to prove to be false or unfounded. At the same time, credible allegations against those who fall short of our high standards must be investigated quickly and efficiently.”

Speaking to The Telegraph, Mr Wallace said the review would provide “quality assurance” that MOD processes were “thorough and of the best quality”.

“This is about continually providing assurance to the outside world that we have robust systems,” he said.

The inquiry will complement the reforms in the Overseas Operations Bill, which is currently going through Parliament. The Act seeks to end vexatious

‘This is about continually providing assurance to the outside world that we have robust systems’

claims brought against British troops.

An MOD statement said the Bill would enable stronger legal protections for forces personnel and veterans facing the threat of repeated investigations and potential prosecution.

A senior Defence source welcomed the review saying it showed the MOD was “not giving in to sometimes ambulance-chasing motivations that are put on the backs of our veterans”.

“The legal ground has shifted [in recent years], in particular the ruling that the European Convention on Human Rights applies outside Europe. It has produced a clash between international humanitarian law and international human rights law.

“It changed things considerably. As things change, we have to change with them.”