A duty of Government to stand up for soldiers
It is calculated that Major Robert Campbell has been subject to eight investigations regarding the death of an Iraqi in 2003. Major Campbell was cleared of manslaughter back in 2006, but came to the attention of human rights lawyers and various official inquiries. The latest is run by the governmentfinanced Iraq Fatality Investigations. In total, this injured and decorated soldier – who has never been found guilty of a crime – will have been under scrutiny for at least 15 years. This is inhumane, and a scandal.
It represents a breach of faith between Britain’s government and its military personnel. No other country in the world treats its soldiers this way. The explanation typically given is that, if Britain didn’t hold robust inquiries, the International Criminal Court would step in instead. But there’s very little materially to investigate. Many of the allegations that arose from the Iraq war proved to be bogus,notably those pursued by Phil Shiner, a lawyer who was subsequently struck off after being found guilty of misconduct – including dishonesty and lack of integrity.
That soldiers have been subject to a racket is bad enough: worse is the slow pace of change. Sir Michael Fallon, then defence secretary, described one inquiry as a “witch hunt”; David Cameron wanted to end it but was overruled by government lawyers. And Theresa May, in 2016, promised no patience for “the industry of vexatious claims that has pursued those who served in previous conflicts”. In which case, why is Major Campbell still being investigated? And why are those who served in Northern Ireland still being prosecuted over Army killings during the Troubles?
If the Government does not act, there is a risk not only that veterans will be tortured by the past, but also that future recruits will be put off from applying. Who would willingly enter a war zone in the knowledge that following orders – in the mists of battle – could lead to a lifetime of investigations? Imagine if such psychological restraint was placed on the soldiers landing on the beaches at D-day, terrified that they might wind up in the dock for shooting back at the enemy.
The high-minded principles of human rights law do not reflect the complicated realities of military service. Of course soldiers should be held to the highest standards. But for the past few years, many of them have been persecuted unjustly. It is the duty of the Government to stand up for them.