UK ex-minister scrutinized for supporting Afghanistan immunity bill

[Suyuti]

A former UK defense minister is facing scrutiny for his endorsement of a controversial bill that would have provided legal immunity to soldiers accused of war crimes.

The bill, known as the Overseas Operations Bill, sought to protect military personnel from prosecution for offenses committed more than 10 years ago. Under Ben Wallace, then defense secretary, the immunity period was reduced to five years, impacting British Special Air Service (SAS) forces accused of war crimes during the Afghanistan conflict.

Allegations against the SAS include numerous war crimes, with a BBC report revealing that one SAS squadron was responsible for 54 suspicious deaths during a six-month period. Despite being aware of these accusations, Wallace continued to push the bill, taking personal responsibility for its progression and overseeing any modifications made to it.

The bill was repeatedly voted on in the House of Commons but faced resistance in the House of Lords due to concerns over possible intervention by the International Criminal Court. The bill was eventually amended to exclude war crimes, torture, genocide, and sexual violence from the immunity protections. Nevertheless, Wallace remained defense minister when the bill was enacted in April 2021.

Government sources claim Wallace knew about the war crimes allegations while promoting the bill, prompting Dominic Grieve, the former attorney general, to criticize Wallace's actions. Grieve questioned why Wallace would support such legislation if he was aware of the potential prosecutions related to SAS activities in Afghanistan. Lt. Col. Nicholas Mercer, former British Army chief legal adviser in Iraq, also expressed concern, suggesting the bill may have been a deliberate attempt to conceal war crimes under the guise of protecting soldiers from frivolous claims.

As the public inquiry into the alleged SAS war crimes progresses, Wallace has been called to provide evidence. Despite multiple requests from the BBC for comment on his involvement and knowledge of the allegations, Wallace has remained largely silent, dismissing the questions as inaccurate.

Tessa Gregory, a lawyer representing Afghan victims' families, noted that Wallace was fully informed about the UK special forces' operations at the time of the bill's introduction. Families of the victims have expressed concern that Wallace's decision to shorten the immunity period was aimed at shielding those involved in the alleged war crimes.

The Overseas Operations Bill, initially promoted by the Conservative government as a means of protecting soldiers from "vexatious" legal claims, has sparked ongoing controversy. Many senior military figures and humanitarian advocates have argued that the bill would, in effect, grant immunity to soldiers accused of serious offenses, including war crimes.

The inquiry and its findings could have significant implications for Wallace and the UK government's handling of these serious allegations.