SAS anti-terrorist operations against enemies such as Islamic State face being blocked by the European Convention on Human Rights
SAS anti-terrorist operations face being blocked by the European Convention on Human Rights, three Special Forces commanders have told the Mail.
The leading veterans have launched a campaign for the ECHR's Article 2 to be disapplied from high-risk missions led by elite UK troops against enemies such as Islamic State and Al Qaeda.
They say the legislation - written into UK law as part of Prime Minister Tony Blair's Human Rights Act in 1998 - protects terrorists and puts our troops at even greater risk of death or injury.
Last night, Brigadier Aldwin Wight, who was the SAS's Commanding Officer (CO) from 1992-94, said: 'This is a legal issue but it can only be solved at a political level. We have a duty to the soldiers we led, and to those serving today.
'Because these soldiers are being hung out to dry after their service. They put their lives on the line, showed incredible courage in dark moments, but get harassed by lawyers for the rest of their lives.
'Our troops are highly professional and observe the Rules of Engagement, the Geneva Convention and military law. They don't need Article 2 on top of that - its application could spell the end of such operations.'
SAS veterans say the legislation, written into UK law as part of Prime Minister Tony Blair's Human Rights Act in 1998, protects terrorists and puts troops at risk of death or injury
Jamie Lowther Pinkerton (pictured), who became private secretary to the Duke and Duchess of Cambridge after serving in the SAS, said: 'I feel ashamed that those I commanded are being hounded over their entirely legitimate actions decades ago'
Brigadier Aldwin Wight, who was the SAS's Commanding Officer (CO) from 1992-94, (pictured) said: 'This is a legal issue but it can only be solved at a political level'
The commanders stressed their mission is 'apolitical'. They say Conservative and Labour governments have ignored the issue despite the threat it poses to operational effectiveness and recruitment.
Former SAS Regimental Sergeant Major George Simm said: 'We have to back our service personnel, as they are fighting enemies who do not recognise any rules, they are terrorists who seek to exploits our values and laws.
'Our soldiers will act with their feet. Why would you volunteer for risky missions when you face being harangued by foreign lawyers decades later?
'This is controlled by Strasbourg. Soldiers enlist to defend their country, not to protect an overseas court. We are sent to fight by the Ministry of Defence and by ministers.
'But our actions are judged in another country. If we don't curb the use of Article 2 to reinvestigate shootings after several decades it could grind SAS operations to a halt.'
SAS anti-terrorist operations face being blocked by the European Convention on Human Rights, three Special Forces commanders have told the Mail
Article 2 of the ECHR states that 'everyone's right to life shall be protected by law. It adds that no one shall be 'deprived of his life intentionally save in the execution of a sentence of a court'.
It was written just after the Second World War. But the SAS commanders claim it was never intended to be applied to the heat of the battlefield.
Another signatory, Jamie Lowther-Pinkerton, became private secretary to the Duke and Duchess of Cambridge after serving in the elite regiment.
He said: 'The existing legal framework surrounding soldiers pre-1998 was watertight. I feel ashamed that those I commanded are being hounded over their entirely legitimate actions decades ago.
'There is almost a uniform sense of hopelessness among that generation who served in Northern Ireland and face further harassment due to the inappropriate application of Article 2.
'Despite the long chain of decision-making it is only the soldier who is answerable. When he is singled out, the chain of trust, which is essential to operations, is broken.
'This must cease, for the sake of those who served with such distinction and those who will serve in the future.'
The SAS bosses told the Mail there are at least ten cases against SAS troops facing reinvestigation in Northern Ireland by Nationalist law firms citing Article 2 and claiming huge sums of legal aid.
It comes as the regiment remains the subject of a High Court inquiry over claims its soldiers 'murdered' up to 80 Taliban suspects in UK custody in Afghanistan from 2010 to 2013.
https://www.dailymail.co.uk/news/article-13939025/SAS-anti-terrorist-operations-Islamic-State-European-Convention-Human-Rights.html
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