British soldiers to face Iraq war crimes charges

Three British servicemen are to stand trial for the war crime of inhuman treatment of detainees in Iraq under the International…

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 Attorney General Lord Goldsmith announced tonight.

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 this country 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.

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In a written Parliamentary statement, Lord Goldsmith said that the Army Prosecuting Authority has decided that in the first case, seven servicemen should stand trial by court martial.

The case relates to alleged incidents in the southern Iraqi 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.

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.

Three of those charged are with the Irish Guards, the fourth is a member of the Scots Guards.