ECCHR/PIL Allegations of Abuse by British Personnel

Abstract

The satisfaction of the jurisdictional criteria of the International Criminal Court, including specific and general gravity ‘tests’ and ‘inability or unwillingness genuinely to investigate or prosecute’, is reviewed. The Office of the Prosecutor’s decision to open a preliminary examination into the situation in Iraq and the reaction thereto is set out. The alleged abuse of detainees, at every phase of interaction with British personnel, is analysed, including extracts of witness testimony. The alleged use of prohibited interrogation techniques is reflected upon in the context of the Joint Forward Interrogation Team (JFIT). The role and tasks of the Iraq Historic Allegation Team and the supporting role of the Iraq Historic Allegations Prosecution Team (IHAPT) are summarised, including challenges to independence, partiality and capability.