UK Special Forces: Iraq and Afghanistan

Carol Monaghan Excerpts

Tuesday 7th January 2020 Commons Chamber

[Stewart Malcolm McDonald]

The hon. Gentleman identifies an allegation that I have not made. That is important to remember, because I agree with what he just said. Of course members of the armed forces do not go out wishing to commit crimes and atrocities—of course they do not, and I do not allege that.

In response to what the right hon. Member for Haltemprice and Howden (Mr Davis) said, I should say that the allegations—and they are just allegations—do not come from reporters. They are exposed by reporters but they come from members of the armed forces. The problem with what has happened, especially in the Afghan case—the shooting of three children and one young man—is that video evidence is available of what that soldier went into, in an extremely tough situation, as the hon. Member for Gravesham (Adam Holloway) mentioned, but that video evidence has been concealed from top members of the armed forces. It has been concealed from people for whom security clearance exists. I do not know whether the hon. Gentleman has watched the BBC “Panorama” programme but I strongly suggest that he does so. It has around 90 days left on the iPlayer, so there is plenty of time to do so.

We are clearly not going to resolve this issue and get into all the details tonight, but tonight has to be the start of a proper, judicious and sober parliamentary discussion to ensure that those on the Government Front Bench act appropriately. As I was saying, the assaults on the international rules-based system, which can change depending on who uses the phrase, are coming at us from all angles, so let us be the ones who say, “No more.” Let the Government come forward and do the right thing. Let the Government come forward and say, “This will be uncomfortable, but it is entirely right that we are held to the standards that we are supposed to be held to under international law; that we do have high standards for serving members of the armed forces; and that we will not put up with any concerted effort to cover this up.” Let us shine a light on this stuff.

Where there is a problem politically is that clearly vexatious claims have been made. I do not want to see that any more than the Minister does; in fact, I want to see it dealt with, but I want to see it dealt with properly. It cannot be used as an excuse to shut down any discussion or to close off any avenue of investigation into the deep, deep seriousness of what has been uncovered by the joint investigation.

[Carol Monaghan (Glasgow North West) (SNP)]

Of course we know that the majority of our armed forces who have served in these theatres have served with integrity and honour at all times, but we did not support them in their integrity and honourable behaviour by failing to investigate these allegations. In fact, we must investigate, and the investigation must include an investigation of the victims. Until we do that—unless we properly investigate them—we do not properly support and we do not properly stand up here in this House and say that we can defend completely and utterly the actions of our armed forces.

[Stewart Malcolm McDonald]

My hon. Friend is absolutely correct. Ultimately, the rules and the laws exist to protect serving personnel, as well as to protect those who are in the theatre of conflict to which they are deployed. The rules and laws are there to uphold the very honour to which we pay tribute in this Parliament.

--- Later in debate ---

[Johnny Mercer]

With respect to the hon. Gentleman, I have dealt with this issue for years now, including before I came here. The last individual who wants to see this country go to the ICC to deal with these allegations is me. However, I reiterate the point raised by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who is no longer in his place, which is that these are allegations at this stage. I will come to that in a moment.

A balance has to be struck and we will seek that in this Parliament, starting with primary legislation, which I will shortly be laying before Parliament. It is in this very careful space—which I encourage those who are deliberately ill-informed, or who simply want to politicise and rewrite history, not to enter; and that clearly does not include the hon. Member for Glasgow South—that I will answer some of the points raised about the conduct of UK armed forces in Iraq and Afghanistan over the last almost 20 years. I just want to expand on that very briefly, given that we have a little bit of time. I cannot overestimate the pain caused to the families of the victims of these situations by ill-informed debates in this space around amnesties and other options that are simply not considered. The Government are very clear that there can be no time bar on prosecutions, and I urge everyone who takes part in this debate to do so cognisant of the victims and of the people who are being hounded in this process.

The House will be aware of the long-standing policy of successive Governments not to comment on the activities of our special forces. This “neither confirm, nor deny” policy is an essential element in enabling this strategic asset to operate effectively. I am therefore unable to speak in any detail about the vital role that our special forces played in Iraq and Afghanistan and will have to confine myself to making observations about the allegations more generally.

On the basis of five specific incidents—two from Iraq and three from Afghanistan—The Sunday Times and the BBC make four broad allegations: first, that we operated death squads in Afghanistan; secondly, that there has been a systematic attempt by the MOD not to investigate allegations; thirdly, that the MOD has applied pressure to terminate investigations prematurely; and fourthly, that the MOD has sought throughout to ensure that war crimes in Iraq go unpunished. The BBC wrote to the Ministry of Defence prior to broadcast setting out these and other allegations that were not repeated in its “Panorama” programme. The MOD promptly forwarded these letters to the service police and the Service Prosecuting Authority. The service police have reviewed the letters and the programme and have confirmed that The Sunday Times and the BBC have not produced any new allegations or any new evidence in relation to those five incidents that had not already been considered.

Let me repeat now from the Dispatch Box to the House and beyond that anyone who has any evidence—“evidence” is the key word—has a duty to come forward and let independent police officers examine that evidence. The allegations are deeply disturbing, and as perhaps the most prominent voice on increased legal protections for our armed forces, I wish personally to satisfy myself about them. These investigations are never closed. Any evidence will be looked at in an independent and professional manner, to this day. As the House would expect, the International Criminal Court is considering the BBC’s allegations as part of its preliminary examination into alleged war crimes in Iraq. The Government are continuing to co-operate fully with the ICC, and we expect to be able to satisfy it that the service police have appropriately investigated all allegations.

[Carol Monaghan]

We know that the UN has identified cases of 300 civilians who have been unlawfully killed. If there are 300 civilians who have been unlawfully killed, there are people who have done the unlawful killing. I would therefore like to know what steps are being taken to properly investigate these killings to ensure that we have the answers and there is scrutiny of the operations of the armed forces.

[Johnny Mercer]

I am about to come on to civilian casualties. Every civilian casualty is reported to the military police. I will cover that in detail in a moment.

First, though, let me deal with the allegation that our armed forces operated so-called death squads in Afghanistan. This is simply not true. Our armed forces did conduct many daring operations to capture Taliban insurgents. However, these were not “kill or capture” operations; rather, they were carefully planned “capture” operations with the object of capturing known Taliban insurgents and their associates. While every effort is taken to minimise the risk to any civilians who are present during such operations, it is simply an unfortunate fact that the risk of civilian casualties in war cannot be eliminated altogether.

Irrespective of the unit involved in any operation, civilian deaths were reported to, and have been independently investigated by, the Royal Military Police. All three of the incidents cited by The Sunday Times and the BBC have been investigated. The RMP referred one case—the shooting of Fazel Mohammed and three Afghan minors, to which the hon. Gentleman referred—to the Service Prosecuting Authority, which, having obtained independent legal advice outside the Ministry of Defence from senior external counsel, decided that the evidence did not establish a realistic prospect of conviction. In the other two cases, the RMP concluded that there was insufficient evidence of wrongdoing and did not refer any soldiers for any offence.

It is simply not credible to suggest, given the scale of resources expended by the MOD on investigating alleged criminal behaviour in Iraq and Afghanistan, that this demonstrates that there could have been a systematic cover-up. Over £40 million has been spent to date on the Iraq criminal investigations, while £10 million has been spent on Operation Northmoor, which is the RMP’s investigation into 675 allegations from Afghanistan. At their height, the Iraq Historical Allegations Team and Operation Northmoor each involved over 100 investigators who have collated and reviewed vast numbers of documents and interviewed large numbers of alleged victims, families, witnesses, service personnel and veterans.

Throughout, the MOD has wanted investigations and prosecution decisions to be conducted efficiently and effectively. But the reality is that the nature of warfare has changed. So-called lawfare has become a tool for extending conflicts by other means or attempting to actually rewrite history itself.