Law to protect soldiers would be ‘dangerous’ to UK forces’ reputation, PM warned

Zaynab Khojji
Fri, 2020-09-18 20:00

LONDON: A bill that aims to repress claims against British troops was “dangerous and harmful” to the reputation of the UK’s armed forces and the safety of its personnel, Prime Minister Boris Johnson has been warned.
Military and political figures have encouraged the British premier to reconsider the “ill-conceived” legislation, which will return to the House of Commons next week, The Times reported.
Former head of the armed forces , Field Marshal Charles Guthrie, ex-defense secretary, Malcolm Rifkind, and former attorney-general, Dominic Grieve, sent a letter to Johnson on Thursday sharing their concerns about the Overseas Operations (Service Personnel and Veterans) Bill, the British newspaper said.
The draft law seeks to limit false and old allegations against personnel through measures including a statutory presumption against criminal prosecution five years after an alleged crime.
Compelling new evidence must be presented, and the attorney-general’s consent secured in order for the presumption to be overruled. The bill is only applicable to overseas operations.
In the letter, Guthrie and other signatories said: “We find it disturbing that the government’s approach … creates a presumption against prosecution of torture and other grave crimes (with only rape and sexual violence excepted) after five years.
“We believe that the effective application of existing protocols removes the risk of vexatious prosecution. To create de facto impunity for such crimes would be a damaging signal for Britain to send to the world.
“This bill would be a stain on the country’s reputation. It would increase the danger to British soldiers if Britain is perceived as reluctant to act in accordance with long-established international law,” they added.
Britain’s most senior military judge had warned defense secretary, Ben Wallace, that the legislation could leave British troops more likely to face prosecution for war crimes at the International Criminal Court at The Hague, The Times revealed in June.
As the legislation sets out protections relating only to domestic crimes, it could encourage police and prosecutors to focus on pursuing war-crime charges, Judge Jeffrey Blackett said.
The Ministry of Defense has said that the legislation “strikes the right balance” between the rights of victims and “fairness to those who defend this country.”

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