Britain's Special Air Service (SAS) is experiencing an exodus of its most senior soldiers, driven by what Conservative MP Sir David Davis describes as 'decades of lawfare.' Sir David, a former SAS reservist, warned that this legal persecution is causing experienced troops to resign, potentially compromising the United Kingdom's national security.
He cited the recent departures of eight Warrant Officers, each possessing decades of experience, as a significant loss to the Special Forces. One of the SAS's four 'sabre squadrons' is reportedly severely undermanned due to senior soldiers leaving the regiment, though exact numbers cannot be disclosed for security reasons.
Sir David argued that the threat of legal claims years after operations makes SAS troops more risk-averse on the battlefield. "In recent conflicts we have won the war but lost the law. The effect is felt worst by Special Forces soldiers," he stated, adding, "They are resigning over this issue. So we must be more robust about pushing back against human rights law. Otherwise we will compromise UK and international security."
He further explained that soldiers are questioning the necessity of having their lawyers present before deploying, indicating a shift in operational mindset. "The problem is making our most elite units more risk-averse."
Sir David is preparing to introduce the Military Operations Bill in Parliament. The proposed legislation aims to address these concerns by establishing time limits on investigations and requiring 'public-interest and compelling-evidence thresholds' before soldiers are subjected to probes regarding their conduct. The bill seeks to distinguish between genuine wrongdoing and legal processes that may become detached from operational realities, proposing that personnel be shielded from civil or criminal liability when acting in accordance with international humanitarian law.
The Mail's 'Stop the SAS Betrayal' campaign has amplified attention to this issue, drawing attention to historical cases from Northern Ireland's Troubles era. The SAS also faces scrutiny in the High Court through the ongoing Independent Inquiry Relating to Afghanistan, which is examining allegations of soldiers executing Taliban suspects in UK custody.
Key provisions of the proposed bill include direct ministerial authorization of force to curtail lawfare, the establishment of a panel of military experts to adjudicate cases, and enhanced support and safeguards for service personnel. Senior ministers would be required to approve operations, ensuring accountability rests with the chain of command and government rather than courts. Coroners would also be mandated to consult an Expert Military Panel in combat-related death inquiries.
While the bill's chances of becoming law are slim, Sir David is reportedly working with Conservative colleagues to incorporate its clauses into the party's manifesto for the next general election. Former SAS commanders have contributed to the research underpinning the prospective legislation, including Jamie Lowther Pinkerton, known for his past mentorship of Princes William and Harry.
The introduction of the bill follows criticism of Labour's proposed Troubles Bill by the SAS Regimental Association. While intended to assist bereaved families seeking answers about those who died during the Northern Ireland conflict, the Labour bill has been accused of being 'not fit for purpose' and potentially reigniting the persecution of innocent soldiers.
A Ministry of Defence spokesperson stated that their commitment to service personnel and veterans is "unshakable." They indicated that forthcoming amendments to the Troubles Bill would build upon existing protections, including safeguards against cold calling and repeat investigations, ensuring that "no veteran will face a knock on their door."