Investigating operational incidents in a military context : law, justice, politics
Leiden ; Boston : Brill Nijhoff, 2015
This chapter discusses the investigation into the death of an Iraqi civilian, Baha Mousa, while in British custody at a military detention centre in Basra. The author considers the legal framework governing British forces in Iraq, including the applicability of international humanitarian law and international human rights law. The case was prosecuted as a war crime in the military justice system and as a violation of the European Convention on Human Rights, however in spite of these proceedings, no one was found directly responsible for Baha Mousa's death. The author also examines the political ramifications of this case and of other allegations of unlawful killing and abuse for the British Government and Army.