MoD found evidence of ‘serious offences’ by troops in Afghanistan, court told

‘It is a disgrace that still there have been no consequences for the unnamed perpetrators of war crimes,’ Stop the War says

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Information about the offences, which can include murder, manslaughter and inflicting grievous bodily harm, was passed by special forces to the Defence Serious Crime Command, with an investigation believed paused pending an inquiry.

The inquiry, chaired by Lord Justice Haddon-Cave, is examining allegations of unlawful killings by special forces between 2010 and 2013 and claims of a subsequent cover-up.

A soldier known as Witness IIA126, who served in a senior military position during the conflict, is challenging the inquiry’s refusal to let him and his lawyers see restricted evidence.

In 2023, Lord Justice Haddon-Cave ruled that hearings with “green” witnesses could only be accessed by some MoD individuals, not by other witnesses or their lawyers, after fears their identities would become known.

Kate Grange KC, for the soldier, said the decisions prevented him and his lawyers from seeing evidence related to an allegation that a person was shot in the head while they may have been sleeping during a “deliberate detention operation.”

She said that “basic standards of procedural fairness have not been met.”

Jonathan Glasson KC, for the inquiry, said it adopted a procedure “tailored to meet the ‘extremely high’ public interest in retaining the secrecy of the green material.”

He said the MoD identified material indicating service personnel “may have committed serious offences under the Armed Forces Act 2006.”

“The matter was referred by UKSF to the Defence Serious Crime Command,” he said, adding that the Service Police had paused any criminal investigation pending the inquiry’s conclusion.

Steven Gray KC, for the MoD, said the department “is fully committed to supporting the procedural rights of military witnesses before the inquiry.”

He said the MoD supports the right of the claimant to bring this challenge and is paying IIA126’s legal costs, but “does not intend to make submissions either supporting or disputing the legal merits of this claim.”

Edward Craven KC, representing relatives of 16 people killed by special forces, said in written submissions that the decisions were fair.

He said the green witnesses’ fears of “adverse consequences” by those in the armed forces and special forces were “both serious and objectively justified.”

A Stop the War spokeswoman said: “Troops should of course face criminal prosecution for their actions in the illegal occupation of Afghanistan by US and British forces.

“And we hoped, when the inquiry opened in October 2023, that the cover-up would end and the brutality of the occupation would be faced up to.

“It is a disgrace that still there have been no consequences for the unnamed perpetrators of war crimes against Afghan civilians.”

A judgment is expected in writing at a later date.

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