Minister raised concerns over closure of SAS war crimes investigation

In 2019, the UK’s Veterans Minister, Johnny Mercer, expressed serious concerns within the government about the decision to close an investigation into the UK’s special forces. It has come to light that Mr. Mercer privately communicated his reservations to then-Defence Secretary Ben Wallace regarding the closure of the investigation. Mercer, a former British army officer, was troubled by what he saw as credible allegations of war crimes involving British forces.

Despite his private concerns, when the decision to close the investigation, known as Operation Northmoor, was officially announced, Mercer publicly supported this decision. Operation Northmoor, initiated in 2014, aimed to probe 675 allegations of misconduct by UK armed forces in Afghanistan. These allegations included claims that the elite special forces unit, the SAS, had been involved in the killing of numerous unarmed individuals, detainees, and civilians during raids.

However, in 2019, Operation Northmoor was abruptly shut down without any charges being filed. In 2022, the government initiated a public inquiry into these allegations after One’s Panorama revealed that one SAS squadron had been implicated in the suspicious deaths of 54 people during a six-month tour in Afghanistan.

The decision to close Operation Northmoor without pressing charges generated significant concern among certain government members and civil servants. Mercer, who had served in Afghanistan as an Army officer and worked alongside UK special forces, was particularly worried that SAS units might have violated the law by shooting unarmed individuals and planting weapons near their bodies to justify the killings. It’s important to note that there is no indication that Mercer had witnessed or had firsthand knowledge of war crimes.

Mercer cautioned his colleagues that failing to thoroughly investigate alleged British war crimes and prosecute if necessary could harm the government’s reputation in the long run. An internal email revealed as part of a subsequent legal case against the Ministry of Defence suggested that Mercer believed the government should publicly acknowledge that “things went wrong on such operations in Afghanistan.” However, the MoD’s legal department dissuaded Mercer from making such a statement, as it could potentially prejudice a review of Operation Northmoor by a High Court judge.

As a government minister, Mercer publicly supported the closure of both Operation Northmoor and a similar investigation into operations in Iraq known as IHAT. These closures followed allegations that a lawyer involved in more than 1,000 cases with IHAT had paid local intermediaries in Iraq to find claimants. Mercer asserted that closing Northmoor was a significant moment in reclaiming ground from those attempting to rewrite history without considering the harm done to the nation’s military personnel.

In a parliamentary debate a few months earlier, Mercer denied the allegation that UK armed forces had operated “death squads” in Afghanistan, expressing deep personal regret that original RMP investigations were flawed and acknowledging that opportunities to hold those responsible accountable might have been lost. He offered an unreserved apology to those who had suffered unacceptable treatment by UK forces.

When contacted for comment, Mercer cited the ongoing Independent Inquiry related to Afghanistan as a reason for refraining from commenting on the matter.

Operation Northmoor has faced criticism in the years since its closure for its apparent failure to interview key witnesses or secure vital evidence pertaining to allegations of extrajudicial killings. Officers from the Royal Military Police, responsible for the investigation, claimed that senior military figures obstructed their efforts to interview special forces officers and access forensic evidence. Operation Northmoor’s closure occurred before the military police could complete their investigation.

The Ministry of Defence declined to comment on allegations that may fall within the scope of the public inquiry, which is set to commence hearings shortly.