British special forces could face prosecution over alleged Afghanistan crimes

The UK Ministry of Defence identified material suggesting that British service personnel may have committed “serious offences” in Afghanistan, including possible murder, manslaughter and grievous bodily harm, a High Court hearing in London was told.

The information was referred by UK Special Forces (UKSF) to the Defence Serious Crime Command earlier this year, The Independent reported.

According to the court, any criminal investigation into the allegations has been paused pending the outcome of the Afghanistan Inquiry.

The inquiry, chaired by Lord Justice Haddon-Cave, is examining allegations that UK special forces unlawfully killed people during operations in Afghanistan between 2010 and 2013, as well as claims of a subsequent cover-up.

It is also investigating allegations of inadequate investigations by the Royal Military Police.

The latest court proceedings relate to a senior British soldier, identified only as Witness IIA126, who is challenging the inquiry’s decision to restrict his and his lawyers’ access to certain evidence.

His lawyer, Kate Grange KC, argued that the restrictions had prevented the soldier from reviewing evidence concerning an allegation that a person was shot in the head while possibly asleep during a “deliberate detention operation.”

The inquiry is opposing the legal challenge, arguing that the restrictions were necessary to protect the identities of witnesses whose evidence was considered highly sensitive.

Jonathan Glasson KC, representing the inquiry, told the court that the discovery of material potentially indicating serious offences did not mean that any particular individual would necessarily face criminal charges.

The inquiry is expected to continue its examination of the allegations, with a written judgment on the latest legal challenge due at a later date.