On Monday, BBC Panorama and the Sunday Times revealed details of their investigation into alleged war crimes committed by British Special Forces in Afghanistan and Iraq, spanning almost 20 years. Whilst these alleged crimes are undeniably cruel and shocking - the investigation also reveals how senior military leadership and the British Government sought to cover them up and ensure nobody was prosecuted.

The ramifications from these allegations, if true, are extremely concerning and are ultimately putting troops at risk. Those troops following orders to engage in torture and murder, will be doing so in the knowledge that the Ministry of Defence will not investigate - and may even be able to do so with impunity. These troops would therefore be robbed of the leverage to be able to refuse as there is no legal recourse with which they can refuse to carry out crimes in war. As they would have no choice but to carry out these orders they would be at risk of moral injury, and this would also increase the risk of reprisals against themselves and their colleagues. Furthermore, the risk undertaken in committing torture or murder at the behest of senior command puts troops at risk while ensuring those issuing the orders will be protected. If true - this would be a horrifying precedent for British troops engaged in active warfare abroad. 

There have been victims and these victims have families. They need to be treated with respect for their dignity

In the furore over the alleged crimes, and the clamour for headlines it is important to recall that there have been victims and these victims have families. They need to be treated with respect for their dignity. For the most part, they don’t have lawyers assisting them now. It is vitally important that their voices are heard about matters which profoundly concern them. Their right to justice is being talked about without them being at the table.

Since the programme aired on Monday, the International Criminal Court will be evaluating the evidence put together by BBC Panorama and the Sunday Times and has said they “may investigate a UK war crimes cover up”. It is important that full, comprehensive investigations are undertaken. Understandably, many will point to Phil Shiner’s behaviour - however this isn’t about one lawyer, it is about ensuring British troops are both protected and limited by U.K laws, and that justice is truly served equally to all.