This investigation & potential charges by the British Military of British soldiers and their commander is a major development in the War in Iraq on the other side of the pond. While the US government stonewalls and refuses to completely investigate how high up the chain of command the abuses go, the UK gov’t is now under increasing pressure to do so… at home & abroad.
The ICC also has an investigation into British War Crimes during Iraq and with the release of the Downing Street Minutes the case grows ever stronger.
[more on the flip]
The story so far:
Military lawyers are considering the charges as part of a major inquiry into allegations that members of the Queen’s Lancashire Regiment beat Baha Mousa, a hotel worker, to death in September 2003. As the IoS disclosed last week, the officers include the regiment’s commander, Col Jorge Mendonca, 41, who has been warned he could be tried for allegedly failing to control his troops effectively. There is no allegation that he took part in any abuse.
At least four QLR members, thought to be privates and NCOs, face specific charges of murder and abuse over Mr Mousa’s death from heart failure and asphyxia, allegedly due to multiple injuries, on 15 September 2003. But alongside another seven soldiers and officers, the four alleged assailants also face wider war crimes charges.
….
Army sources yesterday indicated there was disquiet throughout the service at the charges…. He said many soldiers suspect these charges were considered only after the court martial of three soldiers in February, for abusing alleged Iraqi looters at Camp Breadbasket, led to criticism that no one above the rank of corporal was charged.
I agree that it is a terrible and demoralizing decision to take when you charge your own soldiers with War Crimes. But if the crime fits the charge, it is necessary to maintain order, standards and always keep human rights at the forefront. But you have to charge the officers and the decision makers if the problem is systemic, which it most certainly is in the US and it seems the UK as well.
No one is above the law and “just following orders”, at any level of responsibility, is unacceptable.
Army prosecutors and the Attorney General, Lord Goldsmith, are under intense legal and political pressure to investigate properly Mr Mousa’s death, after the High Court ruled last December the UK had broken the Human Rights Act by failing to prevent his death or prosecute his alleged assailants quickly.
The ICC is concurrently investigating the British government for its conduct during the War on Iraq.
The ICC has written formally to the Ministry of Defence, asking for comments on allegations raised in a detailed legal dossier submitted by the British legal group PeaceRights, and earlier complaints by the Athens Bar Association.
I stand behind this investigation and I sincerely hope that it is not limited to the rank-and-file. It is most likely much easier for the International community to pick the UK to start the War Crimes process on Iraq. They don’t have the same stature as the US in terms of pure military & economic might (although the economic might is tenuous at best thanks to W), Blair is in trouble politically, they’re part of the EU, people still remember their colonial days and they are signatories to the ICC.
But Bush, Rumsfeld, Cheney, Wolfowitz, Feith, Tenet et al should be very very nervous anyway. Their time will come when the case is airtight and their ‘buddies’ like Blair start leaking to save their own asses.
I am a firm believer in global human rights standards and global accountability. This is a small planet and we are all responsible for its and eachothers well being. We cannot evolve to an equal and free reality if the countries with the highest ideals betray them without consequence whenever convenient or in self interest. That is why the neo-cons break my heart. I grew up believing in the ideals that were America… and I was born in Canada.
On a more positive note: Today is UN Peacekeeper Day. As a Canadian I think quite fondly of the Blue Helmets that blurs nationality and brings hope to those in war torn regions. Let’s say thank you to them today and celebrate the good the military can do as well as condemn the evil.