Iraq inquiry: International Criminal Court will investigate 'abuse' by UK troops

Some of Britain’s most senior military and political figures came a step closer to facing a war crimes inquiry today, as the International Criminal Court (ICC) announced it would make a “preliminary examination” into claims of “systemic” abuse by British forces in Iraq.

The ground-breaking decision by Fatou Bensouda, prosecutor of the ICC, comes in response to a detailed dossier presented to the ICC in January. New evidence presented in the dossier, revealed exclusively in the Independent on Sunday earlier this year, included allegations of electrocution, mock executions, beatings, and sexual assault.

General Sir Peter Wall, the head of the British Army, former defence secretary Geoff Hoon, and former defence minister Adam Ingram, are among those named in the evidence submitted by Public Interest Lawyers (Pil) and the European Centre for Constitutional and Human Rights (ECCHR). More than 400 individual cases are cited, representing “thousands of allegations of mistreatment amounting to war crimes of torture or cruel, inhuman or degrading treatment."

In a statement on its website, the ICC said: “The new information received by the Office alleges the responsibility of officials of the United Kingdom for war crimes involving systematic detainee abuse in Iraq from 2003 until 2008.” The ICC is to look in detail at the evidence to “ultimately determine whether there is a reasonable basis to proceed with an investigation”.

Professor William Schabas, an expert on human rights law, based at Middlesex University, said: “This is a very positive development. It shows the matter is being taken very seriously in The Hague.”

He said that the likes of Mr Hoon, Mr Ingram and Sir Peter Wall “should be very worried” and “can’t assume that, because they are important people in the British establishment, that they are immune from the reach of the law”.

Cori Crider, Reprieve's strategy director, said: “Today’s announcement by the ICC should put the UK and other rich democracies on notice: fail to account properly for war crimes or torture and you could find your officials in the dock at the Hague one day.”

The head of the British Army, Sir Peter Wall, is named in the dossier submitted to the ICC The head of the British Army, Sir Peter Wall, is named in the dossier submitted to the ICC
But in a statement yesterday, Attorney General Dominic Grieve said the Government "completely rejects" claims that British forces had been responsible for systemic abuse and pledged to do "whatever is necessary" to show any allegations were being dealt with within the British justice system. He described British soldiers as ”some of the best in the world” and said “the vast majority” of the armed forces “operate to the highest standards, in line with both domestic and international law.” Mr Grieve added: “I will provide the office of the prosecutor with whatever is necessary to demonstrate that British justice is following its proper course."

The Ministry of Defence did not respond to a request for comment tonight, but General Lord Dannatt, former chief of defence staff, told The Independent: “I fully support the principle that where credible accusations of misconduct by British soldiers are made then they should be investigated and the due process of law be applied to anyone proven to have done wrong.”

He added: “There have been isolated cases of misconduct in Iraq - the Baha Musa case was one example - but I am deeply sceptical that allegations of widespread misconduct and abuse will be upheld. I suspect mischief on the part of those seeking compensation.”

However, Clive Baldwin, senior legal advisor for Human Rights Watch, said: “The British military justice system has failed for a decade to properly investigate criminal responsibility in the hundreds of allegations of war crimes in Iraq, especially of senior military and political commanders.”

He welcomed the ICC’s decision and said it “should be taken as a final warning by the UK authorities that they need to ensure proper independent criminal investigations, including of senior military and political commanders now”.

Phil Shiner, Public Interest Lawyers, said: “This is an unprecedented and extremely important breakthrough in a 10 year struggle for accountability for the criminality that was the UK’s detention and interrogation policies in Iraq. The prosecutor has recognised that the gravity threshold has been crossed and that accordingly she must investigate thoroughly whether war crimes have been committed under article 8 of the ICC stature, and if so who was responsible, in particular at the top of the chain of command including; politicians, senior civil servants, lawyers, Chief of Defence Staff and Chief of Defence Intelligence.”

Former Defence Secretary Geoff Hoon (Getty) Former Defence Secretary Geoff Hoon (Getty)
Carla Ferstman, director of human rights charity Redress, said: “Until justice is done and seen to be done in all outstanding detainee abuse cases, the ICC most certainly has grounds to pursue allegations of systematic detainee abuse by UK troops in Iraq.  The ICC has jurisdiction if a country is unable or unwilling to investigate or prosecute.

“To date, the UK has failed to mount credible prosecutions which reflect the extent and gravity of the abuse allegations. In the notorious case of Baha Mousa, a hotel worker who was effectively tortured to death, a court martial judge blamed the weak evidence on a 'more or less obvious closing of the ranks', which prevented all the perpetrators who administered the blows from being identified. Criminal justice is not an optional policy objective but a clear obligation. We hope the renewed interest by the ICC Prosecutor will help ensure that justice is achieved, for the sake of the victims and for the sake of the rule of law.”  

Labour MP Madeleine Moon, a member of the Commons Defence Select Committee, said: “If the ICC has genuine concerns then they must be investigated and I am pleased to see the Attorney General offering to provide all of the information needed by the Court. There is always the risk that the actions of a few, as we saw in the recent Camp bastion trophy photographs, can besmirch the reputation of the many fine disciplined personnel in our armed forces. The suggestion of ‘systemic abuse’ is alarming and one I find difficult to imagine.”

The ICC has previously admitted that there was a “reasonable basis to believe that crimes within the jurisdiction of the court had been committed, namely wilful killing and inhuman treatment” by British forces in Iraq. Yet at that time, in 2006, prosecutors cited the low number of cases as a reason for not mounting an investigation. The years since have seen hundreds of cases emerge, and the decision marks another step along a process which could result in British politicians and generals being put in the dock on war-crimes charges, if the ICC finds sufficient evidence to warrant an investigation under Article 15 of the Rome Statute.

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Life and Style
fashionHealth concerns and 'pornified' perceptions have made women more conscious at the beach
Arts and Entertainment
tv
Sport
Ojo Onaolapo celebrates winning the bronze medal
commonwealth games
Arts and Entertainment
Rock band Led Zeppelin in the early 1970s
musicLed Zeppelin to release alternative Stairway To Heaven after 43 years
Arts and Entertainment
High-flyer: Chris Pratt in 'Guardians of the Galaxy'
filmHe was homeless in Hawaii when he got his big break. Now the comic actor Chris Pratt is Hollywood's new favourite action star
Sport
Van Gaal said that his challenge in taking over Bobby Robson's Barcelona team in 1993 has been easier than the task of resurrecting the current United side
footballA colourful discussion on tactics, the merits of the English footballer and rebuilding Manchester United
Life and Style
Sainsbury's could roll the lorries out across its whole fleet if they are successful
tech
Travel
The shipping news: a typical Snoozebox construction
travelSpending the night in a shipping container doesn't sound appealing, but mobile crash pads are popping up at the summer's biggest events
Arts and Entertainment
'Old Fashioned' will be a different kind of love story to '50 Shades'
film
Arts and Entertainment
Tracey Emin's 'My Bed' is returning to the Tate more than 15 years after it first caused shockwaves at the gallery
artTracey Emin's bed returns to the Tate after record sale
Arts and Entertainment
Smart mover: Peter Bazalgette
filmHow live cinema screenings can boost arts audiences
Environment
Neil Young performing at Hyde Park, London, earlier this month
environment
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Project Coordinator

Competitive: The Green Recruitment Company: The Organisation: The Green Recrui...

Project Manager (HR)- Bristol - Upto £400 p/day

£350 - £400 per annum + competitive: Orgtel: Project Manager (specializing in ...

Embedded Linux Engineer

£40000 - £50000 per annum + competitive: Progressive Recruitment: Embedded Sof...

Senior Hardware Design Engineer - Broadcast

£50000 - £65000 per annum + Benefits: Progressive Recruitment: Working for a m...

Day In a Page

Save the tiger: The animals bred for bones on China’s tiger farms

The animals bred for bones on China’s tiger farms

The big cats kept in captivity to perform for paying audiences and then, when dead, their bodies used to fortify wine
A former custard factory, a Midlands bog and a Leeds cemetery all included in top 50 hidden spots in the UK

A former custard factory, a Midlands bog and a Leeds cemetery

Introducing the top 50 hidden spots in Britain
Ebola epidemic: Plagued by fear

Ebola epidemic: Plagued by fear

How a disease that has claimed fewer than 2,000 victims in its history has earned a place in the darkest corner of the public's imagination
Chris Pratt: From 'Parks and Recreation' to 'Guardians of the Galaxy'

From 'Parks and Recreation' to 'Guardians of the Galaxy'

He was homeless in Hawaii when he got his big break. Now the comic actor Chris Pratt is Hollywood's new favourite action star
How live cinema screenings can boost arts audiences

How live cinema screenings can boost arts audiences

Broadcasting plays and exhibitions to cinemas is a sure-fire box office smash
Shipping container hotels: Pop-up hotels filling a niche

Pop-up hotels filling a niche

Spending the night in a shipping container doesn't sound appealing, but these mobile crash pads are popping up at the summer's biggest events
Native American headdresses are not fashion accessories

Feather dust-up

A Canadian festival has banned Native American headwear. Haven't we been here before?
Boris Johnson's war on diesel

Boris Johnson's war on diesel

11m cars here run on diesel. It's seen as a greener alternative to unleaded petrol. So why is London's mayor on a crusade against the black pump?
5 best waterproof cameras

Splash and flash: 5 best waterproof cameras

Don't let water stop you taking snaps with one of these machines that will take you from the sand to meters deep
Louis van Gaal interview: Manchester United manager discusses tactics and rebuilding after the David Moyes era

Louis van Gaal interview

Manchester United manager discusses tactics and rebuilding after the David Moyes era
Will Gore: The goodwill shown by fans towards Alastair Cook will evaporate rapidly if India win the series

Will Gore: Outside Edge

The goodwill shown by fans towards Alastair Cook will evaporate rapidly if India win the series
The children were playing in the street with toy guns. The air strikes were tragically real

The air strikes were tragically real

The children were playing in the street with toy guns
Boozy, ignorant, intolerant, but very polite – The British, as others see us

Britain as others see us

Boozy, ignorant, intolerant, but very polite
How did our legends really begin?

How did our legends really begin?

Applying the theory of evolution to the world's many mythologies
Watch out: Lambrusco is back on the menu

Lambrusco is back on the menu

Naff Seventies corner-shop staple is this year's Aperol Spritz