Table Of ContentDetainee Abuse During Op TELIC
DOI: 10.1057/9781137588807.0001
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DOI: 10.1057/9781137588807.0001
Detainee Abuse During
Op TELIC: ‘A Few
Rotten Apples’?
Timothy Wood
Senior Lecturer, Centre for Defence and Security
Studies, Massey University, New Zealand
DOI: 10.1057/9781137588807.0001
© Timothy Wood 2016
Softcover reprint of the hardcover 1st edition 2016 978-1-137-58879-1
All rights reserved. No reproduction, copy or transmission of this
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Any person who does any unauthorized act in relation to this publication
may be liable to criminal prosecution and civil claims for damages.
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in accordance with the Copyright, Designs and Patents Act 1988.
First published 2016 by
PALGRAVE MACMILLAN
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ISBN: 978-1-137-58880-7 PDF
ISBN: 978-1-349-88772-9
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www.palgrave.com/pivot
DOI: 10.1057/9781137588807
The views expressed in this book are those of the author
and not of the Ministry of Defence, the Iraq Historic
Allegations Team, the Directorate of Legal Services
(RAF) or the Service Prosecuting Authority.
DOI: 10.1057/9781137588807.0001
Contents
Preface vii
Acknowledgements ix
List of Abbreviations and Acronyms x
Introduction 1
1 ECCHR/PIL Allegations of Abuse by
British Personnel 6
2 The Legal Paradigm 22
3 The Moral Component 53
4 A Policy of Abuse 80
Conclusion 92
Post Script: The Road to Redemption 98
Bibliography 104
Index 115
vi DOI: 10.1057/9781137588807.0001
Preface
This book about alleged abuse by British personnel in
Iraq during Op TELIC is not intended to be an inten-
sive critique of the communication submitted to the
International Criminal Court by the ‘European Center
for Constitutional and Human Rights’ and Public Interest
Lawyers. The task of challenging the accuracy, logic and
validity of the communication falls to others. Instead I
have sought to set out the substantive allegations and to
correlate them with information that is available in the
public domain in order to introduce some objectivity
into what can be a very polarising debate. Nevertheless,
I have analysed the central allegation in the communica-
tion: systemic and systematic abuse by British personnel,
because the two, distinct conceptions are increasingly
conflated. For reasons set out in this book the allegation of
systemic abuse is significantly more compelling than that
of systematic abuse, which falters because of the absence
of a methodical plan or policy of abuse implemented by
those in the most senior positions of power in the govern-
ment or the military, at least amongst the publicly available
evidence.
This book is not intended to be condemnatory or to
apologise for the actions of any British personnel who
are subsequently convicted of ill-treating or abusing
detainees. Having served in Iraq and Afghanistan I have
some concept of how confusing and difficult conflict can
be, especially once it transitions to the unconventional
and soldiers are tasked to maintain law and order in
addition to their more familiar combat roles. However, the
DOI: 10.1057/9781137588807.0002 vii
viii Preface
fundamental humanitarian principles encapsulated within the Law of
Armed Conflict are immutable. Thus if it is proved that British person-
nel abused detainees, the due process of law must be allowed to take its
course.
In assessing the substantive allegations and the circumstances of those
accused of abuse, this book strives to demonstrate that reversion to a
dispositional blame-game is unsatisfactory. To truly understand how and
why offending occurs, it is necessary to have regard for environmental
and internal and external factors. As an illustration, this book includes a
comparative analysis of US and UK experiences to identify psychological
factors explicit within the conception of situational behaviour. The simi-
larities between Abu Ghraib and UK detention facilities are stark: insuf-
ficient training, resource constraints and weak leadership all exacerbated
a situation and system that engendered powerful negative forces. Left
unchecked these forces adversely influenced the morality and humanity
of those with the greatest power over the detainees. More research must
be done to understand the impact of these factors on military personnel
in a conflict situation. In addition, steps must be taken to protect and
provide support to personnel in order to avoid continued repetition of
the same outcomes.
In writing this book I have been very conscious of my privileged
former position as a member of the Directorate of Legal Services (Royal
Air Force) and the Service Prosecuting Authority. There are certain
professional obligations in relation to divulging information that I
take very seriously. As such I have striven to tread a delicate path when
presenting and assessing the allegations of abuse and my perspectives
and opinions garnered from working closely with those tasked to inves-
tigate the allegations. I have purposely excluded details or opinion that
might prejudice ongoing investigations and reference to specific cases
currently under consideration by the Service Prosecuting Authority.
Where comment is made or detail and perspective included, it is derived
from publicly available information and my own personal experience.
Nevertheless, I have drawn certain conclusions in this book. Some of
my conclusions will be contested and unpopular, but I make no apol-
ogy for that. I have sought to be objective and to identify strengths and
weaknesses across the ethological divide. My only qualification is to say
that nothing in this book is intended to demean or insult the brave men
and women, from all nations, who served their country and who acted
without reproach. If only all could have acted so.
DOI: 10.1057/9781137588807.0002
Acknowledgements
My thanks to Mr Mark Malan and Dr Damien Rogers, both
of Massey University, and of old colleagues in the United
Kingdom, for their support and insightful comments that
were of such assistance in the completion of this book.
DOI: 10.1057/9781137588807.0003 ix
