Colonel Tim Collins has raised serious concerns about British troops potentially facing decades of legal battles following deployments, warning against a repeat of past mistakes.
His comments come after Defence Secretary John Healey decided against seeking a derogation from the European Convention on Human Rights (ECHR) for any British forces deployed to Ukraine. The government maintains that British troops would not be engaging in combat, only training Ukrainian forces. However, Collins compared this situation to a previous deployment to Afghanistan, where troops sent under the premise of peacekeeping soon found themselves in heavy combat.
Collins argued that while derogating from the ECHR carries legal and political risks, the UK’s experiences from Northern Ireland to Afghanistan show that service personnel have been vulnerable to what is now called “lawfare.” He said that without stronger protections, soldiers could again be subjected to prolonged and damaging legal actions.
The UK has previously derogated from parts of the ECHR, including during the Troubles in Northern Ireland and in operations in Iraq and Afghanistan. In 2016, proposals were made to safeguard soldiers from lawsuits under the ECHR during future missions, although these measures were ultimately watered down.
Collins emphasized that derogation does not mean abandoning the rule of law. UK forces would still be bound by the Geneva Conventions, and rights such as the right to life and the prohibition of torture remain non-derogable. However, he stressed the need to be realistic about the risks, citing how courts can sometimes be manipulated by those seeking to rewrite history or profit financially, referencing the infamous case of disgraced lawyer Phil Shiner.
Other countries, including Ukraine, France, and Turkey, have used derogations during times of crisis. Collins urged the UK to be prepared to take similar steps if necessary, warning that failure to act could leave soldiers exposed for decades to come.
As one Northern Ireland veteran recently remarked:
“They sent us to Ulster as peacekeepers and they are still investigating us 50 years later.”
Colonel Tim Collins is a former British Army officer who served with the SAS and commanded the Royal Irish Regiment during the 2003 invasion of Iraq, where his pre-battle speech became internationally renowned.
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