Tag Archives: Ministry of Defence

Britain, Government, Human Rights, Legal, Military, Society

Iraq war crimes denied by the British Government….

INTERNATIONAL CRIMINAL COURT

Earlier this month, the human rights lawyers PIL (Public Interest Lawyers) lodged an application with the International Criminal Court (ICC) in The Hague, said to represent more than 400 Iraqis who have called for an investigation into alleged war crimes carried out by the British Army. The application lodged with the ICC has been made under Article 15 of the Rome Statute.

The legal dossier poses serious implications well above those allegations embedded within the document. For example, it seeks to know whether leading figures in the army and UK government should be called to account.

The submission to the ICC refers to ‘thousands of allegations of mistreatment amounting to war crimes of torture or cruel, inhuman or degrading treatment’. The dossier also alleges that some ‘at the highest levels’ were mostly responsible, including head of the army General Sir Peter Wall and ex-defence secretary Geoff Hoon.

Following the lodging of the document with the court Foreign Secretary William Hague was quick in responding with a firm statement that the allegations are either already under investigation or have been dealt with in previous government inquiries and rulings. Mr Hague insists that any bid to prosecute British politicians and senior military figures for alleged war crimes in Iraq should be rejected. The speed with which Mr Hague reacted and contested the claims is perhaps reflective over concerns the UK government has over the potential damage to Britain’s reputation.

Some 11 years on, the political sensitivity of the UK’s involvement makes the prospect of an international criminal court inquiry highly explosive. The government’s defence is that intensive inquiries have already been held at UK level. It says that some cases of abuse have been acknowledged with appropriate levels of compensation paid and apologies offered. An interim report on an extensive inquiry by Sir Peter Gibson was published last month. Rejecting the allegations of systematic abuses the Foreign Secretary said that the British armed forces ‘uphold high standards and they are the finest armed forces in the world’.

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Yet, there are two problems here for the government. The first is the increasing importance accorded to human rights in international relations. While such investigations into military operations in theatres of war have been questioned on the premise that they would underestimate the intense dangers and pressures which troops were operating under, concerns over human rights abuses has grown. The UK is a signatory to international human rights conventions.

The second problem is that there is a long history of domestic inquiries into the conduct of military operations that were subsequently found to have been inadequately deficient or incomplete. Any external investigation by an international court would spark concern within the Ministry of Defence, which has presided over numerous errors and shortcomings.

What is more, a failure to enforce compliance with the rules of war would be a grave allegation for the MoD to face. But unless such compliance is enforced from the top down with the level of robustness needed, such charges are only likely to be repeated.

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Britain, Government, Iraq, Legal, Military, Society

Iraq: ‘Single inquiry called for over British abuse allegations’…

Intro: On February 8, 2010, the writer penned an article that was visited several thousand times over by interested readers. That article is reproduced here:

ABUSE CLAIMS

A SENIOR JUDGE has told ministers to consider opening an independent inquiry into all allegations of abuse made by Iraqi civilians against the British Army. The move could lead to the biggest investigation into military malpractice ever heard in Britain.

Mr Justice Silbert, in a note written to counsel acting for Bob Ainsworth, the Defence Secretary, has told the Government:

… ‘My provisional view is that I am uncertain what is to be gained by the Secretary of State continuing to contest these claims for investigation.’

The judge, who is responsible for the management of claims before the court, says he is concerned about the cost to the taxpayer of hearing 46 outstanding individual cases, and the likely impact this would have on the resources of the High Court. It is estimated that the cases will take a decade to go through the courts at a cost of tens of millions of pounds to the taxpayer and warns that not holding an independent single inquiry could lead to a “further waste of valuable court time”.

Mr Justice Silber says the Ministry of Defence has already shown itself to be “unable to give proper disclosure” in the case of the Battle of Danny Boy in 2004 in southern Iraq, where it is alleged that British soldiers murdered Iraqi civilians.

The judge’s note emerged at the same time as the Government was served with the first claim of abuse brought by an Iraqi woman.

Samahir Abbas Hashim, (32), six months pregnant at the time of the alleged assault, claims she was so badly beaten by British soldiers that she lost her baby.

At 2am, on 21 June 2006, Mrs Hashim says she was sleeping with her children on the roof of her home in Al-Zubayr, Basra. Her husband was sleeping downstairs.

She alleges she awoke to the sound of a large explosion which blasted open the front door of her house and heard British soldiers running inside, shortly after. Some of them pinned her husband to the ground while others rushed to the roof top where she had been sleeping. Mrs Hashim says she was frightened and rushed to protect her youngest child. At this point, she declares, a female British soldier kicked her in the back. As a result, she says, she suffered a miscarriage the next day.

Lawyers acting for Mrs Hashim have written to the Ministry of Defence claiming that her case is clear evidence of “systematic and gratuitous abuse and degradation of Iraqi women by British forces”. Further allegations have been made in eight other cases brought by husbands and relatives of women who say they have been assaulted. The allegations include claims that British troops subjected Iraqi prisoners to rape, sexual humiliation and torture.

Public Interest Lawyers, a firm which is representing 66 Iraqis in 46 separate cases, argues that the Government must hold a single inquiry into the UK’s detention policy in south-eastern Iraq.

…’There are so many cases and so many have so much in common – similar allegations at similar facilities, often involving the same people. We can’t have these dragged out over 10 or 15 years. This is the only rational option.’

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TWO public inquiries have already been launched. The first, into the death of hotel worker, Baha Mousa, (26), in British military custody in September 2003, began hearing evidence last July. It is looking specifically at how ‘prisoner-handling techniques’ banned by the Government in 1972 – including hooding, food and water deprivation and painful “stress positions” – came to be used in Iraq.

And, in November, the Ministry of Defence announced details of a second inquiry into allegations that Hamid Al-Sweady, (19), and up to 19 other Iraqis were unlawfully killed and others ill-treated at a British base in May 2004 after the Battle of Danny Boy.

Bill Rammell, the Armed Forces Minister, has so far resisted calls for a public inquiry into the treatment of detainees by British forces. However, an MoD spokesperson said that Government lawyers were actively looking at complying with the wishes of the Iraqis.

On the claim being made by Mrs Hashim, Mr Rammell said:

… ‘The MoD recently received a letter alleging the abuse of an Iraqi woman, but has not yet been given any evidence. Abuse allegations are thoroughly investigated, as this one will be, and – where proven – those responsible are punished. However, these are allegations and must not be taken as fact.’

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Britain, Government, History, Intelligence, Military, United States

RAF Cold War missions over the former Soviet Union…

COVERT FLIGHTS

The RAF flew covert spying missions over the former Soviet Union at the height of the Cold War.

After decades of secrecy, CIA documents show British pilots were involved in the U-2 flights in 1959 and 1960.

These missions gathered vital intelligence which was regarded by the American intelligence services as being worth ‘a million dollars’.

Until now the Ministry of Defence has neither confirmed nor denied the participation of the RAF in the controversial missions, a position it will no longer be able to maintain.

The first U-2 flights over the Soviet Union started in July 1956, but despite the valuable information gathered, President Dwight Eisenhower was concerned about the ramifications of such a flagrant breach of Russian air space if they were discovered.

Unfortunately for the Americans, even though the high-tech U-2s flew at more than 70,000ft, the Russians were still able to track the planes.

The Soviets sent a strongly worded protest to Eisenhower, who developed second thoughts about the missions and suspended such flights in December 1956.

But the CIA was extremely keen for the spying missions to continue and looked for ways, in the words of one CIA document, ‘to increase the possibility of plausible denial’.

The solution was to use British pilots for the sensitive missions. During the spring of 1957, negotiations took place between the CIA and the chief of MI6, Sir Dick White, who saw the immediate benefits for Britain.

By the summer of 1958, Prime Minister Harold Macmillan had given his authorisation, and four RAF officers, Squadron Leader Christopher Walker and Flight Lieutenants Michael Bradley, John MacArthur and David Dowling – all of whom were in their twenties and single – were sent to train on flying the U-2s in Texas.

Flying the U-2s, however, was not without risk, and on July 8, 1958, Walker was killed when his plane crashed. The cause was never definitively established, but it is believed the aircraft disintegrated at high altitude.

He was immediately replaced by Wing Commander Robert Robinson. By 1959 all four men had finished their operational conversion to the U-2 and were sent to a secret air base in Turkey. From there they launched their flights over the Soviet Union and the Middle East.

In order to emphasise American denials of the operation, the U-2 planes were formally transferred on paper to the British Government. Eisenhower wrote to Macmillan, stating: ‘British missions are carried out on your authority and are your responsibility.’

And the flights remained a secret in Britain, too. The pilots were no longer paid by the RAF, but by MI6, and the public was told the airmen were engaging in ‘high-altitude weather-sampling missions’.

The first mission was flown by Wing Commander Robinson on December 6, 1959, over the Kapustin Yar missile test range and a squadron of long-range bombers in the Ukraine.

The missions proved to be hugely successful and proved the Soviets did not have as many bombers as they claimed – a vital piece of intelligence at the height of the Cold War. The head of the CIA referred to photographs taken by Wing Commander Robinson as being worth ‘a million dollars’.

The second British U-2 mission over the Soviet Union was flow by Flight Lieutenant John MacArthur the following month. Although his brief was to look for missile sites around the Aral Sea, he ended up uncovering a new type of Soviet bomber called the Tupolev Tu-22 at Kazan.

The Americans later resumed their involvement in the U-2 missions, but this came to an abrupt end in the wake of the Soviets shooting down and imprisoning US pilot Gary Powers in May 1960. The British ordered the RAF officers to leave Turkey immediately.

The following year, all four British RAF pilots received the Air Force Cross, although their citations in the London Gazette did not mention exactly why. After more than half a century, the truth has now been revealed.

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