Senior retired members of the British Armed Forces are demanding a new law to protect veterans from the threat of prosecution, arguing that the current Northern Ireland Troubles Bill is inadequate and could unfairly target soldiers.
Retired Brigadier General David Maddan, ex-SAS Commanding Officer Aldwin Wight, former SAS Regimental Sergeant Major George Simm, and Dr. Robert Parr, a researcher at the University of Oxford, have collectively called for the government to abandon the Troubles Bill. Instead, they propose a new 'Military Operations Act' to govern military conduct both domestically and abroad.
Brigadier General Maddan expressed concerns that the ongoing threat of legal investigations and potential prosecutions has eroded the confidence of Special Forces to act decisively in high-risk situations. "The prevailing atmosphere of the threat from the lawyer behind is corrosive to military effectiveness," Maddan stated. "Those on operations today... feel unsupported by the Government. The Special Forces are the point of the spear of UK defence capability but the spear is being blunted by a corrupted legal framework."
Aldwin Wight added that in scenarios such as a potential re-enactment of the Iranian embassy siege, commanders might hesitate to act without legal assurances due to the absence of a clear operational framework. "This means any terrorist group which wants to use lawfare against us will," he warned.
The proposed Northern Ireland Troubles Bill aims to establish a Legacy Commission to investigate killings that occurred during conflicts involving Republicans and Loyalists as far back as 1969. This measure is tied to promises of protections for veterans. However, critics argue that due to a lack of records on the Republican and Loyalist sides, the new system would disproportionately focus on British veterans.
Former Labour veterans minister Al Carns resigned in June, describing the Bill as "unfit for purpose" and a failure to support veterans.
These advocates are calling for a new law that would clearly define the permissible actions for soldiers during operations, both within the UK and internationally.
A spokesperson for the Northern Ireland Office stated that a "substantial package of amendments to bolster protections" for veterans will be included in the Bill, asserting that "suggestions that they will be dragged through the courts are simply wrong."