Although the law has always been a major reference point in the conduct of war, little scholarly attention has focused on the transformative effect of recent legal challenges, judicial rulings and inquiries on the armed forces themselves, notably the 2011 gage inquiry into the death of baha mousa and the philip inquiry into the mull of kintyre helicopter. Sir william gage, the baha mousa public inquiry report 2011. Medical management of captured persons bmj military health. The inquiry was conducted in four modules the history of conditioning techniques, the facts surrounding the detentions and death, training and the chain of command, and recommendations. Similarly, sir william gage concluded an officer continued unlawfully to assault baha mousa inquiry report3 142. Uk and the publication of the baha mousa inquiry report,28 policy, practice and process is now being looked at from a clinical perspective. British judicial engagement and the juridification of the. The focus of an inquiry is first to determine exactly what happened, and then to work out what must be done to prevent it from happening again. I am grateful to sir william and his team, who have produced a report that is sober, focused and detailed. Presented to parliament pursuant to section 26 of the inquiries act 2005. A public inquiry into the circumstances surrounding the death of baha mousa and the treatment of other iraqi citizens who were detained with him in basra was chaired by sir william gage.
The baha mousa public inquiry report they argued that the uk authorities had refused to conduct an independent and thorough investigation into the circumstances of the killings. Chief of the general staff responds to baha mousa inquiry report. Death of baha mousa 15 sep 03 mousa died and 8 other iraqis suffered varying degrees of abuse whilst in british custody. The death of baha mousa defence viewpoints from uk. May 10, 2020 the work of the baha mousa inquiry is now completed and the report published.
What happened to baha mousa was shameful, and undermined the excellent work of so many others. Sir william gage, which was published on 8 september 2011. Lord justice gage, who is about to retire from the court of appeal. Jun 19, 2017 the focus of an inquiry is first to determine exactly what happened, and then to work out what must be done to prevent it from happening again. The inquiry into his death found that mousa s death was caused by factors including lack of food and water, heat, exhaustion, fear, previous injuries and the hooding and stress positions used by british troops and a final struggle with his guards.
Introduction 1 as part of the chairmans opening statement on 15 october 2008, sir william gage said that anyone with information or evidence relevant to the terms of the inquiry should communicate it to the inquiry. The inquiry s report is a devastating critique of those immediately responsible for the death of baha mousa and the inhumane treatment of the. British army detention and interrogation from iraq to afghanistan huw bennett the british journal of politics and international relations 2012 16. Assesses the development of british military detention and interrogation policy in the iraq and afghanistan wars since 2003. May 09, 2020 the work of the baha mousa inquiry is now completed and the report published. Argues that serious failings in policy, doctrine and training led to the death of baha mousa in 2003. I would like to update the house on the progress that the government have made in implementing the recommendations made in the report of the baha mousa inquiry, chaired by the right hon. Dsto is a triservice organisation and trains personnel of the british armed forces in survival techniques, evading capture and resistance from interrogation, prior to overseas. Sir william gage chaired the public inquiry into the death of baha mousa, an iraqi civilian who died in iraq in september 2003 the report of the baha mousa inquiry. Baha mousa inquiry makes 73 recommendations world news.
Documents on the site, now archived in the uk government web archive, include transcripts of hearings, evidence, key documents, faqs, press notices, and the. Baha mousa inquiry external website oral statements. A public inquiry, chaired by the retired lord justice of appeal sir william gage, reported on 8 september after three years of. James dingemans qc represented various british soldiers involved in the inquiry. Public inquiries do not have the power to say that a particular person is liable. The death of baha mousa defence viewpoints from uk defence. The baha mousa public inquiry, which reported in september 2011, cost. Apr 24, 2020 the work of the baha mousa inquiry is now completed and the report published. Baha mousa was working as a receptionist in a hotel in basra on the morning of the report said that british. In a written statement on 14 may hansard, column 60ws i announced that there would be a public inquiry into the death of baha mousa, who died in iraq in september 2003 while being detained by british soldiers the inquiry will be held under the inquiries act 2005 and it will be chaired by the rt hon. The terms of reference for the inquiry were to investigate and report on the circumstances surrounding the death of baha mousa and the treatment of those detained with. Since the invasion in march of that year, approximately 100,000 civilians have died in iraq iraq body count 23111.
The work of the baha mousa inquiry is now completed and the report published. A good day for british justice, a bleak day for the british army and their us mentors 9. Baha mousa and the british army in iraq springerlink. Of our detailed examination of five inquiries, only the baha mousa inquiry.
The british army in iraq has performed exceptionally well unde. Jul 21, 2008 in a written statement on 14 may hansard, column 60ws i announced that there would be a public inquiry into the death of baha mousa, who died in iraq in september 2003 while being detained by british soldiers. Since my book was published, more than 1, allegations of torture, unlawful killing, sexual assault and ritual humiliation have emerged. In the hutton inquiry, following dr david kellys suicide, lord hutton, a former law lord, concluded that the bbc had. May 2009,1 with which we sent a copy of our october 2007 published report entitled uk army in iraq. The inquiry s report is a devastating critique of those immediately responsible for the death of baha mousa and the inhumane treatment of the other prisoners and of the failure by some officers. Nancy krent, facilitator of the public inquiry team richard cozzola, advocate representative of the public inquiry team rupa ramadurai, isbe representative of the public inquiry team re.
The death of baha mousa defence viewpoints from uk defence forum subject. Yesterday, the publication of the final report of the baha mousa inquiry demonstrated that, occasionally, when something truly monstrous has occurred, the british government can do the right thing, and hold a proper inquiry baha mousa, a hotel receptionist in basra, iraq, was killed by british soldiers in september 2003, his brutalized body bearing 93 separate injuries, after two. In the uk, there have been two major inquiries into matters arising out of the war. When, in the full glare of publicity, ministers have agreed to set up an inquiry, have chosen a chairman and perhaps other members, have agreed terms of reference and have appointed a secretary, it seems that they believe their task is done, and that it is now for the inquiry to carry out its allotted task. Presented to parliament pursuant to section 26 of the inquiries. After an event which gives rise to public concern the government may decide to. I am today laying before the house the independent report published this morning by sir william gage as chairman of the public inquiry into the circumstances surrounding the death of mr baha mousa in iraq in 2003. Sir william gage has today, 8 september 2011, published the report of his independent public inquiry into the circumstances surrounding the. The uk does not consider that uncat applies extraterritorially, for example, in iraq andor afghanistan, to uk armed force who were or are in those states. Oct 26, 2010 the mod declined to shed light on the reports, saying that the guardian story draws upon material provided to the baha mousa public inquiry by the mod. I hope that the government will face increased pressure to replace the planned whitewash with a full public inquiry, as, for example, with the baha mousa inquiry, held under the inquiries act of.
Baha mousa was working as a receptionist in a hotel in basra on the morning of the report said that british soldiers inflicted violent and cowardly assaults on. Mar 23, 2016 seventh annual baha mousa lecture 23 march 2016 danny friedman qc, matrix chambers i. The grenfell tower inquiry has been established under the inquiries act 2005. The mod declined to shed light on the reports, saying that the guardian story draws upon material provided to the baha mousa public inquiry by the mod.
Baha mousa was an iraqi man who died while in british army custody in basra, iraq in september 2003. Statement on baha mousa inquiry news from parliament. The inquiry will be held under the inquiries act 2005 and it will be chaired by the rt hon. British military directive on humint human intelligence operations. It charts painstakingly, how in the fog of war that was illprepared for, mostly good men did evil. Seventh annual baha mousa lecture 23 march 2016 danny friedman qc, matrix chambers i. Judicial and public inquiries university of buckingham. Designated secret uk eyes discretion, bmi downgrade to restricted and released to public on inquiry website with minor redactions.
Justice must follow as baha mousa inquiry makes damning findings against uk armed forces on 8 september 2011 the baha mousa inquiry published its report into the death of baha mousa, a 26yearold iraqi national and father of two, who died on 15 september 2003 in uk. British commander individual mission statements pp. The iraqi hotel worker died while in the custody of british troops. The inquirys report is a devastating critique of those immediately responsible for the death of baha mousa and the inhumane treatment of the. On 8 september 2011 the baha mousa inquiry published its report into the death of baha mousa, a 26yearold iraqi national and father of two, who died on 15 september 2003 in uk custody in basra, iraq after being tortured over a period of 36 hours. Written evidence centre for human rights law, soas. Sep 08, 2011 the inquiry s report is a devastating critique of those immediately responsible for the death of baha mousa and the inhumane treatment of the other prisoners and of the failure by some officers. A copy of the report and further information about the inquiry can be found on the baha mousa inquiry website. The inquirys report is a devastating critique of those immediately responsible for the death of baha mousa and the inhumane treatment of the other prisoners and of the failure by some officers. Baha mousa the baha mousa inquiry report,1 if nothing else, is a chronicle of death foretold. Investigation into government funded inquiries national audit office. Sep 08, 2011 chief of the general staff, general sir peter wall, has responded to todays publication of sir william gages report of his independent public inquiry into the circumstances surrounding the death.
Baha mousa, a receptionist at basras haitham hotel, died in the custody of 1 st queens lancashire regiment on a monday evening, 15 september 2003. The former chief of the general staff, general sir richard dannatt, said on 14 may 2008 when the mod announced that there would be a public inquiry into the death of baha mousa. British soldiers inflicted violent and cowardly assaults on iraqi civilians according to the public inquiry into the killing of baha mousa published today thursday. Sep 08, 2011 british soldiers inflicted violent and cowardly assaults on iraqi civilians according to the public inquiry into the killing of baha mousa published today thursday. Inquiry report does not provide justice for baha mousa. The public inquiry was chaired by sir william gage and its report was published on thursday 8 september. Sir william gage has today, 8 september 2011, published the report of his independent public. The defence survive, evade, resist, extract sere training organisation, otherwise known as dsto, is a military training organisation based at raf st. The report into the baha mousa inquiry has been published and can be viewed by following this link. Describes the conduct and findings of a public inquiry into the death of an iraqi civilian in british army custody in 2003. The inquiry into his death found that mousa s death was caused by factors including lack of food and water, heat, exhaustion, fear, previous injuries and the hooding and stress positions used by british troops and a final struggle with his. While the proceedings of the inquiry raise a wide range of issues, including aspects of evidence, humanitarian and human rights law, my focus will be a general one. The report of the inquiry into the export of defence equipment and dualuse goods to iraq and related prosecutions. At the end of this process, the inquiry will produce a report detailing the key factual findings and any recommendations.
411 309 32 446 585 816 1002 1598 1170 1247 93 1374 550 1332 244 96 1493 1643 425 959 774 218 1022 912 942 706 904 262 903 585 1281 648 1483 679 613 237 519