‘A Few Rotten Apples’: A Review of Alleged Detainee Abuse by British Personnel in Iraq Following the Al Sweady Inquiry. Is There Still a Case to Answer?

Abstract

Despite two lengthy public inquiries there remains uncertainty and suspicion about the conduct of British personnel towards Iraqi detainees during Op TELIC. The Al Sweady Inquiry rebuked but largely exonerated the accused personnel and criticised the Iraqi complainants and their legal representatives. Yet, a communication to the International Criminal Court, submitted by ECCHR/PIL, accuses the British government of abuse that is tantamount to war crimes. This article reviews the substantive allegations of mistreatment contained within the communication and considers the Legal Paradigm of the conflict. It assesses allegations of systematic and systemic abuse, including the criminal responsibility of senior politicians and military officers. It offers some conclusions and perspectives with regard to the notion of a ‘few rotten apples and whether there is still a case to answer.