But if you're wrong, you'll be on a murder charge

Telegraph
March 13, 2005
By Sean Rayment, Defence Correspondent

Senior officers have condemned the Army's rules for opening fire in Iraq, claiming that they are too confusing and are to blame for an increasing number of soldiers facing murder charges.

Secret documents seen by The Telegraph reveal that soldiers are being forced to make complex split-second decisions before opening fire and face being charged with murder if they make mistakes.

The documents, which are marked "UK SECRET" and which form part of the Army's rules of engagement, show that it would be legal for a soldier to kill an unarmed Iraqi citizen who is suspected of stealing certain items or damaging coalition forces' property.

The rules of engagement are generally designed to encourage minimum force and soldiers are only allowed to open fire if they believe that their or other soldiers' lives are in immediate danger.

Due to the security situation in Iraq, however, the rules have been modified to allow soldiers to open fire on unarmed civilians if they believe them to be engaged in activities such as stealing oil or damaging Iraq's oil infrastructure.

Part of the 11-page document states: "The following property within Iraq or Iraqi territorial seas is pre-designated as requiring protection by the use of minimum force up to and including deadly force. It is considered that any loss or damage to such property would result in an immediate threat to human life: multinational division (south east) property (coalition force aircraft, vehicles, combat support equipment and combat service support equipment); structures essential for the maintenance of public order, health and hygiene; electricity generation and distribution facilities; sample transport containers used in weapons of mass destruction sampling operations; oil infrastructure."

One senior officer said: "This document effectively states that you can shoot someone who is trying to steal oil or military equipment or equipment from an electricity generating plant. But if a soldier did shoot someone dead for committing theft, they still might find themselves facing a murder charge.

"I can't think of any circumstances in the United Kingdom where either the police or soldiers would be allowed to shoot someone for theft, but according to these rules British soldiers in Iraq have that authority.

"Soldiers are being asked to make very difficult judgments in very stressful conditions and of course they are going to make mistakes. There is a growing concern that when genuine mistakes are being made soldiers are not getting the proper support from the chain of command."

All soldiers undertaking operational tours of duty in Iraq are briefed on the rules of engagement prior to deploying and are presented with a series of scenarios that illustrate the complexities of the decision-making process.

One scenario suggests what action a soldier might take if he is confronted by an insurgent in the process of throwing a hand grenade. Soldiers are then asked: "This Iraqi is about to throw the grenade - can you open fire? Can you open fire when he has thrown the grenade and has his back turned and he is running away; remember he may be going to get some more grenades? Can you open fire if he reappears 10 minutes later, but seems to be unarmed? Can you open fire if you see him three days later walking peacefully through the local town?"

One officer said: "The point of these scenarios is to make soldiers realise that conflict situations are rarely black and white and are usually extremely complex."

At least two soldiers have been charged with murder following shooting incidents in Iraq.

Trooper Kevin Williams, who served with the Royal Tank Regiment, was charged with murder after shooting dead an Iraqi man in August 2003. Initially, the soldier's commanding officer dismissed the charges on the advice of Army lawyers but he was charged with murder by the Metropolitan Police several months later after the case file was referred to the Crown Prosecution Service.

He is due to be tried at the Old Bailey later this year.

Last week The Telegraph revealed that a member of the Special Air Service has also been charged with murder following an operation in January last year in which an Iraqi man was shot dead. His case is being reviewed by the Army Prosecuting Authority and a formal announcement is expected to be made in the next few weeks.

A spokesman for the Ministry of Defence said: "We don't comment on our rules of engagement but soldiers in Iraq are given clear and precise orders from their platoon and company commanders as to when and when they can not open fire."

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