BRITAIN/IRAQ: Three British servicemen are to stand trial for the war crime of inhuman treatment of detainees in Iraq under the International Criminal Court Act 2001, the British government announced last night.
One of those charged under the ICC Act also faces an allegation of manslaughter. Although charged under the 2001 Act, the servicemen will face court martial in the UK rather than being tried at The Hague.
They are among 11 servicemen who face a range of charges in two separate cases arising from incidents in Iraq.
In a statement, the Attorney General Lord Goldsmith said the Army Prosecuting Authority had decided that in the first case, seven servicemen should stand trial by court martial. The case relates to alleged incidents in the southern city of Basra between September 13th and 15th, 2003.
They are alleged to have committed a number of offences against Iraqi detainees arrested following a planned operation.
One of the detainees, Baha Da'oud Salim Musa, was allegedly inhumanely treated and killed by one of those charged, Corporal Donald Payne (34) of the Queen's Lancashire Regiment.
Corporal Payne is also alleged to have inhumanely treated other detainees. He now faces charges of manslaughter, inhuman treatment of persons - the ICC Act offence - and perverting the course of justice.
It is further alleged that two other servicemen inhumanely treated the internees, who sustained injuries following repeated assaults.
A fourth serviceman is alleged to have assaulted a detainee and faces a charge of assault causing actual bodily harm, alternatively common assault.
The three remaining servicemen are charged with negligently performing their duties or neglecting to perform a duty, contrary to the Army Act 1955.
In his statement, Lord Goldsmith said that cases against all seven were reviewed by prosecutors at the Army Prosecuting Authority, which was satisfied that there is "a realistic prospect of convicting all defendants and that the prosecutions are in the public interest." In the second case, the Authority directed that four servicemen should stand trial for the manslaughter of Ahmed Kareem, an Iraqi civilian.
That allegation relates to an incident in Basra on May 8th, 2003. It is alleged that the four servicemen detained four suspected looters, of whom Mr Kareem was one.
The servicemen allegedly punched and kicked the looters before forcing them into the Shat Al-Basra canal. Mr Kareem, who could not swim, drowned.
In a statement on the Baha Musa case, Defence Secretary Dr John Reid said: "I, along with the Chiefs of Staff, am very proud of the role British Armed Forces play in the world.
"They do an exceptional job in very difficult circumstances and operate to the very highest standards, as the British public rightly expects. This is precisely why, if there are allegations that UK armed forces personnel have failed to maintain these high standards, they should be properly investigated and, if appropriate, prosecutions should be brought."