The British judiciary is following up on crimes committed by British soldiers during the Afghanistan War (European)

London -

Despite the great secrecy imposed by the British Ministry of Defense regarding the prosecution of its soldiers on criminal charges, the incident of the prosecution of 5 British elite forces on charges of committing war crimes in Syria could not have remained secret for a long time, especially since it is the first time that soldiers who participated in operations have been prosecuted. military in it.

After a months-long investigation led by the British Military Police, the results of its investigation were presented to the Military Attorney General, who decided to charge five members of the British Special Forces with war crimes in Syria.

Although the Ministry of Defense insisted - in a brief statement - that it was keen “for our soldiers to adhere to the highest standards and we take any accusation seriously,” many wondered: Did the British Ministry or the Army decide to open the file of violations committed by British soldiers in Syria during years of fighting there? ?

Afghan lesson

According to public information about this case, the five soldiers participated in the killing of a man in Syria without adequate security justifications. According to military police investigations, the man was not armed, yet the soldiers used excessive force, which led to his death.

On the other hand, the soldiers say that the man was a fighter in the ranks of ISIS, something that investigations could not prove, especially since he was unarmed.

This investigation, the first of its kind in a case related to Syria, comes after years of British army forces participating in military operations in Syria under the pretext of fighting ISIS.

However, this is not the first time that the army has pursued its soldiers for crimes they committed during previous wars, as happened in the Afghanistan war, as the British judiciary is pursuing more than 88 files related to crimes committed by British soldiers during the Afghanistan war.

The British Ministry of Defense is silent about pursuing its soldiers on criminal charges (Reuters)

Polish the image

In his interview with Al Jazeera Net, lawyer and expert in international law Sabah Al-Mukhtar believes that the prosecution of soldiers by British courts always remains complicated.

This is because the United Kingdom does not explicitly announce the actions carried out by the army abroad, whether those related to providing logistical and military support to separatist movements or specific groups and countries, or those that also participate in military interventions by sending members of elite forces without announcing this. They provide guidance and training tasks.

The British government's punishment of its soldiers who were involved in documented violations against them was explained by the desire to demonstrate its commitment to the rules of international and humanitarian law at a time when these soldiers see themselves as victims of these policies that place them under accusation, not the British government that was involved in sending them to conflict areas.

Sabah Al-Mukhtar considered that incidents of extrajudicial killings were repeated in wars in which British forces participated, such as the wars in Afghanistan and Iraq, and investigations were opened against soldiers on charges of war crimes. The most prominent example of this is the charges brought against British soldiers for the flagrant violations they committed during their presence in the Iraqi city of Basra.

But what the legal expert finds fault with the British government’s move is that it quickly “circumvents these issues.” In the case of Iraq, for example, investigation committees were canceled and administrative measures were taken to protect these soldiers, and no one was brought to account. These steps were countered by filing lawsuits in the European Court.

He concluded that the British government, by opening these cases, is only working to wash its reputation, and the matter will most likely not go beyond announcing an arrest or detention without ending up with them appearing before the courts or issuing judgments against them.

A British base in Syria was established in May 2016 (Al Jazeera)

Preventing idleness

For his part, Mazen Al-Masry, professor of law at the University of London, confirmed to Al Jazeera Net that the definition of a war crime in British law is consistent with the definitions of treaties and international law, such as the Rome and Geneva Treaties and the International Criminal Court, where the military prosecution files charges against army personnel suspected of involvement in committing a crime. War, and they are being investigated based on the available data and evidence.

He believes that the British Army would not have arrested these soldiers had it not been for the presence of serious violations and the availability of strong evidence against them presented by the prosecution. These violations are most likely related to violations committed by the soldiers against the people.

Al-Masry stressed that the British Army does not usually take this action without strong evidence and witnesses from within the military institution confirming the commission of this crime, adding that this army is concerned with controlling its members to avoid any form of chaos and lack of discipline for orders in its ranks.

This is explained by the fact that the military operations in which the British Army engages abroad must remain subject to the monitoring and accountability of its agencies, and the Army takes the initiative to take these measures to prevent any negligence among its personnel, especially in operations of this kind.

Source: Al Jazeera