Key Takeaways
- Tony Blair pressured officials to ensure that British soldiers accused of beating an Iraqi man to death would not be tried in civil courts.
- The case of Baha Mousa, who was beaten to death by British soldiers in 2003, was likely to proceed to a court martial, but Blair insisted that it should not be dealt with in a civil court.
- Newly released files show that Blair was eager to avoid British soldiers being tried in civilian courts or by the International Criminal Court (ICC).
- The ICC ultimately abandoned a long-running inquiry into claims that British troops committed war crimes in Iraq between 2003 and 2008.
- The case highlights concerns about accountability for war crimes and the treatment of civilians in conflict zones.
Introduction to the Case
The treatment of Iraqi civilians by British soldiers during the Iraq War has been a subject of controversy and concern for many years. One notable case is that of Baha Mousa, an Iraqi man who was beaten to death by British soldiers in 2003. The case has been the subject of numerous investigations and inquiries, and has raised questions about the accountability of British soldiers for their actions in Iraq. Recently, newly released files have shed light on the role of former Prime Minister Tony Blair in ensuring that British soldiers accused of wrongdoing in Iraq would not be tried in civil courts.
Pressure from Tony Blair
The files, released to the National Archives at Kew, show that Blair put pressure on officials to ensure that the case against the soldiers accused of beating Mousa to death would not be dealt with in a civil court. In a memo to Blair, his private secretary for foreign affairs, Antony Phillipson, wrote that the attorney general had met with army prosecutors to discuss the case, and that it was likely to proceed to a court martial. However, Blair wrote in the margins of the memo, "It must not!" indicating his strong opposition to the case being tried in a civil court. This reaction suggests that Blair was eager to avoid the possibility of British soldiers being held accountable for their actions in a civilian court.
The Case Against Cpl Donald Payne
Two years after Mousa’s death, a corporal named Donald Payne was court-martialed and convicted of inhumanly treating Iraqi civilians, a war crime under the International Criminal Court (ICC) Act 2001. Payne had brutally mistreated Mousa and other civilians at a detention centre in Basra, punching and kicking them while they were hooded and handcuffed. The case against Payne was a significant one, as it marked the first time a British soldier had been convicted of a war crime. Despite this, Blair’s reaction to the case suggests that he was more concerned with avoiding accountability for British soldiers than with ensuring justice for the victims of their actions.
Avoiding Accountability
The newly released files appear to demonstrate Blair’s eagerness to avoid British soldiers being tried in civilian courts or by the ICC. Phillipson recommended that the Ministry of Defence and attorney general provide notes on proposed changes to legislation at the time, in order to avoid being accused of making it impossible for troops to operate in a war zone. Blair wrote that it was essential to avoid the involvement of the ICC and the Crown Prosecution Service (CPS) in cases involving British soldiers. This reaction suggests that Blair was more concerned with protecting the interests of British soldiers than with ensuring accountability for their actions.
The International Criminal Court
In 2020, the ICC formally abandoned a long-running inquiry into claims that British troops committed war crimes in Iraq between 2003 and 2008. The inquiry had been ongoing for many years, and had raised concerns about the treatment of civilians in conflict zones. The decision to abandon the inquiry was met with criticism from human rights groups, who argued that it would undermine efforts to hold those responsible for war crimes accountable. The case highlights the challenges of ensuring accountability for war crimes, and the need for effective mechanisms to investigate and prosecute those responsible.
Conclusion
The case of Baha Mousa and the reaction of Tony Blair to the allegations against British soldiers highlights concerns about accountability for war crimes and the treatment of civilians in conflict zones. The newly released files suggest that Blair was eager to avoid British soldiers being tried in civilian courts or by the ICC, and that he was more concerned with protecting the interests of British soldiers than with ensuring justice for the victims of their actions. The case serves as a reminder of the need for effective mechanisms to investigate and prosecute war crimes, and for greater transparency and accountability in the actions of military personnel in conflict zones.
