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British Military Current Events

She was killed by a drunk driver....

'Trailblazing' female Army officer killed in Surrey car crash​

Captain Elizabeth Godwin, the first woman to become an officer in the Army's most senior regiment, was described as "talented, resourceful and compassionate".

The first woman to become an officer in the Army's most senior regiment died on Friday following a car crash in Surrey.

Captain Elizabeth Godwin, 28, became the first female officer in the Life Guards in 2020, two years after women were first allowed to join the regiment.

 
RoE interpretation enters the chat...

Furious SAS troops in High Court war crimes probe accuse senior judge of acting 'unlawfully'​


SAS soldiers have launched a legal fightback after a High Court judge banned them from attending hearings.

They have accused Lord Justice Haddon-Cave of acting 'unlawfully' and breaching 'open justice'.

The judge is heading an inquiry at the Royal Courts of Justice into claims the SAS committed war crimes in Afghanistan.

The soldiers, through the Ministry of Defence's Witness Legal Team (MODWLT), have applied for a Judicial Review into Haddon-Cave's ruling.

The dramatic move comes as the Mail's Stop the SAS Betrayal has exposed mistreatment of veterans by courts.

SAS soldiers who fought the IRA could face murder charges after a ruling by a coroner in Northern Ireland.

Their cause has triggered huge public support. Just under 200,000 people have signed an online petition to protect veterans from the Troubles era.


 
Separate issue



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And then their names will be cleared, probably after bribes compensation being paid to the claimants ... e.g.,

SAS soldiers dramatically cleared of murdering Syria jihadist in battle after two-year legal nightmare​


Five SAS soldiers facing murder charges over the death of a known Islamic terrorist in Syria have had their names cleared, the Mail can reveal.

After a two-year legal nightmare, the elite troops have been told they will not face a court martial.

In a case that provoked fury within the regiment, the ‘Blades’ as SAS soldiers are known, were accused of using excessive force on the battlefield three years ago.

They had pursued the jihadist at night in a rural area after watching a video of him in which he vowed to ‘blow up infidels’.

In the footage he was seen wearing a suicide vest, which was found near where he was shot dead in pitch darkness. For security reasons, the location and date of the operation cannot be disclosed.

Given the circumstances, the troops were shocked to learn later that they were being investigated by the Royal Military Police (RMP).

One told colleagues he felt like a ‘tethered goat’ as RMPs, top brass and lawyers used the incident as a test case.

A friend said: ‘It takes some believing but the guys have been staring down the barrel of murder trials for shooting a confirmed jihadist in a live battlefield situation.

‘How on earth anyone could accuse them of using excessive force in that situation was beyond everyone.

 

Kenyan court orders the arrest of a British national accused of murder​


NAIROBI, Kenya (AP) — A Kenyan high court has ordered the arrest of a British national on charges of murdering a local woman near a British army training ground in central Kenya 13 years ago, court officials said Tuesday.

The body of 21-year-old Agnes Wanjiru was found in a septic tank in April 2012 in Nanyuki, north of Mt. Kenya, weeks after witnesses said she was seen leaving a bar with British soldiers.

The British government invests more than 1.1 billion Kenyan shillings ($9.6 million) every year into the partnership. Kenyans have in the past raised concerns about the way British forces treat local residents and the environment in their training ground.


 
The trials go on, and on...

British army veteran stands trial on two Bloody Sunday murder charges​

Ex-paratrooper accused of killing James Wray and William McKinney, and attempting to murder five others

An army veteran will stand trial on Monday charged with murder in relation to Bloody Sunday, when the Parachute Regiment shot dead 13 civil rights protesters in Derry in 1972.

The former paratrooper, known as Soldier F, is charged with two murders and five attempted murders during a military operation that became a defining event of Northern Ireland’s Troubles.


He has pleaded not guilty to the murders of James Wray and William McKinney and the attempted murder of five others.



 
One day a UK politician or VIP is going to be kidnapped, the SAS is going to find them and then refuse to go in and rescue them, because: "We felt rescuing them might be a war crime".

Good luck getting people to risk it all, only to face endless trials.
 
One day a UK politician or VIP is going to be kidnapped, the SAS is going to find them and then refuse to go in and rescue them, because: "We felt rescuing them might be a war crime".

Good luck getting people to risk it all, only to face endless trials.

Here’s an interesting consequence from an inability to protect troops from vexatious claims:

 
One day a UK politician or VIP is going to be kidnapped, the SAS is going to find them and then refuse to go in and rescue them, because: "We felt rescuing them might be a war crime".

Good luck getting people to risk it all, only to face endless trials.
Alternatively you have the US military which is just a constant war crimes military that basically never holds their troops to task for their crimes. And those very few they do they pardon and put back in the positions that let them do the crimes they did in the first place.

Hard to strike a balance between ensuring what the troops are doing is right and having proper justice for when they overstep.
 
One day a UK politician or VIP is going to be kidnapped, the SAS is going to find them and then refuse to go in and rescue them, because: "We felt rescuing them might be a war crime".

Good luck getting people to risk it all, only to face endless trials.
A day like that could see that unit shelved though…
 
Alternatively you have the US military which is just a constant war crimes military that basically never holds their troops to task for their crimes. And those very few they do they pardon and put back in the positions that let them do the crimes they did in the first place.

Hard to strike a balance between ensuring what the troops are doing is right and having proper justice for when they overstep.

Nuremberg notwithstanding the German defence is the only valid defence.

I followed orders.

Soldiers are employed by the state to exercise the sovereign state's monopoly on death.

Soldiers are hired to kill.
The only people who get to decide who they kill in a democracy are the people's elected representatives.

Soldiers are always free to break their contract and refuse to follow orders. But they will be subject to consequences as stipulated in their contracts.

If they decide to kill somebody without orders then they commit murder and need to be punished accordingly.

But politicians can not be surprised when people die after they order the soldiers they have employed to kill people, kill people.

The US politicians protect their troops from Chinese lawyers.

The Brits seem content to put the fate of their troops in the hands of European lawyers, some of whom were born in Britain.

The French ignore the Europeans when it suits them.
 
The closest analogue in Canadian law comes from R V Finta. From the headnote:

The defence of obedience to superior orders and the peace officer defence are available to members of the military or police forces in prosecutions for war crimes and crimes against humanity. Those defences are subject to the manifest illegality test: the defences are not available where the orders in question were manifestly unlawful. Even where the orders were manifestly unlawful, the defence of obedience to superior orders and the peace officer defence will be available in those circumstances where the accused had no moral choice as to whether to follow the orders. There can be no moral choice where there was such an air of compulsion and threat to the accused that he or she had no alternative but to obey the orders.

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Nuremberg notwithstanding the German defence is the only valid defence.

I followed orders.

Soldiers are employed by the state to exercise the sovereign state's monopoly on death.

Soldiers are hired to kill.
The only people who get to decide who they kill in a democracy are the people's elected representatives.

Soldiers are always free to break their contract and refuse to follow orders. But they will be subject to consequences as stipulated in their contracts.

If they decide to kill somebody without orders then they commit murder and need to be punished accordingly.

But politicians can not be surprised when people die after they order the soldiers they have employed to kill people, kill people.

The US politicians protect their troops from Chinese lawyers.

The Brits seem content to put the fate of their troops in the hands of European lawyers, some of whom were born in Britain.

The French ignore the Europeans when it suits them.

Rules of engagement are there for a good reason, and any soldier deploying to NI was well drilled on them. If there are ongoing legal challenges, they likely center on whether the RoE were properly followed or not.

Of course, the bad guys know this too and work the system like crazy to exploit any gaps or signs of weakness.
 
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