A report published today by the Ceasefire Centre for Civilian Rights finds recurrent and systemic shortcomings in the UK’s practice of investigating civilian harm caused by its military forces, including in Afghanistan and Iraq.
The response of the Ministry of Defence (MOD) to alleged extrajudicial executions of civilians in Afghanistan, widespread arbitrary detention and mistreatment of civilians in Iraq, and longstanding concerns about civilian harm in the ongoing RAF bombing campaign in Iraq and Syria reveal a pattern of failure to abide by investigatory duties under international humanitarian law.
The report, Strengthening UK military investigations into civilian harm, urges the UK government to take the steps necessary to address systemic failures and to move towards proactive investigations, which are both holistic and comprehensive and include the cumulative and reverberating effects of operations on civilians.
The UK’s approach to investigating civilian harm – which is heavily reactive and primarily relies on internal procedures within the MOD – is less transparent and accountable compared to its allies. The report argues that UK military investigations should be reformed to incorporate civilian casualty tracking and casualty recording, as well as proper record-keeping, to allow for learning from previous operations. This would contribute to civilian protection in armed conflict, to accountability for violations and to the UK’s full compliance with its international legal obligations.
Dr Elizabeth Stubbins Bates, author of the report comments: ‘The UK’s investigations into civilian harm on military operations have been delayed yet recurrent, well-financed but politically criticized. They have failed to acknowledge the full breadth of IHL’s specified investigatory obligations, the importance of operational investigations to ‘respect and ensure respect’ for IHL ‘in all circumstances’, and the centrality of state responsibility for IHL violations.’
The report identifies further flaws. Investigations into alleged violations of Articles 2 and 3 of the European Convention of Human Rights have been closed on questionable grounds and with insufficient public scrutiny. The UK’s investigatory practice has also been too narrow, focusing first on potential criminal investigations, which are only supplemented by inquisitorial and coronial-style investigations when the criminal investigations have been found to be inadequate.
Stubbins Bates adds, ‘The MOD’s narrow, criminal focus has led to political defensiveness, so that investigations were closed and victims’ right to truth barely respected.’
The report also finds systemic weaknesses in initial forensic investigations and record-keeping and identifies a pattern of reluctant witnesses and a closing of ranks, all of which have led to repeated, costly reinvestigation.
‘Allegations of extrajudicial killings by UK Special Forces in Afghanistan cast a long shadow over the UK’s investigatory and accountability mechanisms. The establishment of a public inquiry more than a decade after the alleged incidents are said to have taken place – and only after numerous flawed internal investigations – highlights systemic failures rooted in a culture of impunity. Enhancing transparency and oversight of MOD investigations is crucial,’ says Mae Thompson, Advocacy Officer at Ceasefire.
Improving the UK’s approach to investigating civilian harm goes beyond remedying specific flaws in official practice. The report proposes new approaches to fact-finding and a fundamental shift in how the UK approaches civilian protection – incorporating comprehensive and effective investigations within a broader, integrated civilian protection policy framework that prioritises compliance, accountability, and redress.
Notes for editors:
Strengthening UK military investigations into civilian harm: Towards compliance, mitigation and accountability, by Elizabeth Stubbins Bates, is published by Ceasefire Centre for Civilian Rights on 26th November 2024.
The Ceasefire Centre for Civilian Rights is an international initiative to develop civilian-led monitoring of violations of international humanitarian law or human rights in armed conflict; to secure accountability and reparation for violations; and to develop the practice of civilian rights.
Elizabeth Stubbins Bates is the author of A Framework for Compliance in International Humanitarian Law, which is forthcoming from Hart Publishing in 2025. Her postdoctoral and doctoral research on international humanitarian law and international human rights law has been published in leading international legal journals.
For media inquiries or further information, please contact:
Mae Thompson, Advocacy Officer at Ceasefire
