International Criminal Court rejects claims it could drop probe into Iraq War abuses by British soldiers

UK defence official had said he was ‘convinced’ the ICC would end its probe this year

Fatou Bensouda reopened the examination in May 2014 into potential war crimes committed by British soldiers in Iraq. Reuters

The International Criminal Court has rejected claims by a UK official that it could drop its probe into alleged war crimes in Iraq.

Andrew Cayley, director of the Service Prosecuting Authority, an organisation within the UK’s Ministry of Defence, said he was “convinced” ICC chief prosecutor Fatou Bensouda would finish up a preliminary examination later this year and therefore take no further action.

Ms Bensouda reopened the examination in May 2014 into “war crimes involving systematic detainee abuse in Iraq from 2003 until 2008”. They previously had been closed in 2006. Her office said the probe had yet to reach a conclusion.

"The Office's preliminary examinations with respect to the situation in Iraq/UK is ongoing. No final decision has yet been reached on the outcome of that process, and anything stated to the contrary is speculative. When a final decision is reached, that decision will be made public," Ms Bensouda's office told The National.

"Preliminary examinations are not investigations, but a thorough process where the Office assesses whether the legal criteria for opening of an investigation under the Rome Statute – the founding treaty of the International Criminal Court – are met.
"The Office of the Prosecutor carries out its work independently and impartially in accordance with its mandate under the Rome Statute," it said.

The Iraq situation has proven highly controversial in the UK and pressure has grown for greater protection of British soldiers for abuses they are accused of committing a long time ago.

The ICC examination was reopened after the submission of further evidence. It is looking into whether there is enough evidence to open an investigation that British soldiers were involved in wilful killing or murder; torture and inhuman or cruel treatment; outrages upon personal dignity; rape and other forms of sexual violence.

Ms Bensouda’s office said that in 2019 it has focused on “bringing its determination on the scope and genuineness of domestic proceedings to a conclusion”.

Mr Cayley said a separate investigation looking into thousands of allegations against British forces had only one remaining case being examined. He told BBC Radio 4 it was now "quite possible" none of the original allegations would lead to a prosecution.