The UK Military in Iraq: Efforts and Prospect for Accountability for International Crimes Allegations?

61 Pages Posted: 16 Nov 2018

See all articles by Carla Ferstman

Carla Ferstman

University of Essex - School of Law

Thomas Obel Hansen

Ulster University - Transitional Justice Institute

Noora Arajärvi

University of Oxford - Centre for Socio-Legal Studies

Date Written: October 1, 2018

Abstract

This research has been carried out in order to contribute to public debate about the adequacy of the official response relating to allegations of serious abuses perpetrated by the UK military during the Iraq war and occupation, also taking into account the ongoing International Criminal Court (ICC) preliminary examination concerning these allegations. The research has focused on reviewing and assessing the steps taken domestically to promote (or obstruct) accountability and developing recommendations regarding any accountability deficits concerning alleged abuses perpetrated by the UK military in Iraq. In our research we have considered the decision-making processes and rationales given for keeping open or closing domestic criminal investigations and not pursuing prosecutions, as well as decisions to transfer matters to inquiry processes in lieu of criminal processes; procedural and regulatory aspects relating to the few military investigations and related procedures which remain open and their progress; rulings of civil courts with oversight over certain matters relevant to the investigations; any lacunae in UK legislation as well as issues relating to the UK Government’s cooperation with the preliminary examination of the ICC Prosecutor and analysis of the ICC Prosecutor’s policy statements and practice regarding the concepts of complementarity, where relevant to the Iraq preliminary examination.

Keywords: Iraq War, War Crimes, UK Legal Processes, Complementarity

Suggested Citation

Ferstman, Carla and Hansen, Thomas Obel and Arajärvi, Noora, The UK Military in Iraq: Efforts and Prospect for Accountability for International Crimes Allegations? (October 1, 2018). Available at SSRN: https://ssrn.com/abstract=3272347 or http://dx.doi.org/10.2139/ssrn.3272347

Carla Ferstman

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

Thomas Obel Hansen (Contact Author)

Ulster University - Transitional Justice Institute ( email )

Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland

Noora Arajärvi

University of Oxford - Centre for Socio-Legal Studies ( email )

Wolfson College
Linton Road
Oxford OX2 6UD, OX1 3UQ
United Kingdom

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