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UK Special Forces face potential war crimes charges over Syria operations

New revelations suggest that nine members of the UK Special Forces could face prosecution over alleged war crimes linked to at least two separate incidents in Syria. The Ministry of Defence (MoD) has confirmed that these cases are under review by the Service Prosecuting Authority (SPA), the military’s equivalent of the Crown Prosecution Service.

The data, obtained through a Freedom of Information request by The Times, reveals that one case involves a single individual, while another concerns eight personnel. However, the MoD has not disclosed further details regarding the nature of the incidents or whether they were part of the same event.

UK Special Forces have been involved in operations against the Islamic State (IS) in Syria over the past decade, but the MoD has consistently refused to comment on specific operations or the locations of special forces personnel.

An MoD spokesperson said, “Our UK personnel are respected worldwide for their commitment to the highest standards, and action will be taken against anyone who fails to meet these standards, including dismissal from service where appropriate. It would be inappropriate to comment further on ongoing investigations.”

Earlier this year, in March 2024, an investigation was launched into five serving SAS soldiers over a potentially related incident. Reports suggest the soldiers were involved in the killing of a suspected jihadist in Syria, whose body was found near a primed bomb vest, though he was not wearing the vest at the time of his death. Superiors are said to believe the soldiers used excessive force and should have arrested the man instead of killing him, although the soldiers claimed he posed an imminent threat of carrying out a suicide attack.

It remains unclear whether this incident is the same one currently under review, involving the eight personnel. Alongside these cases in Syria, the MoD data also reveals that the SPA is investigating another case involving a special forces member in Afghanistan, though details remain undisclosed.

Dr. Iain Overton, Executive Director of Action on Armed Violence, commented on the importance of accountability, saying, “When allegations of war crimes are raised, it is crucial that there is transparency and a thorough investigation. The actions of special forces must be scrutinised to ensure compliance with international humanitarian law. The use of excessive force, especially in situations where there are doubts about the threat posed by an individual, undermines public trust and raises serious concerns about the conduct of military operations.”

The investigation into the conduct of UK Special Forces is part of a broader public inquiry into their actions in Afghanistan. The Independent Inquiry into Afghanistan, launched following media reports, is focused on allegations that UK Special Forces killed civilians and unarmed individuals during night raids between 2010 and 2013. As these investigations continue, the spotlight on accountability for UK military operations abroad intensifies.