Starmer’s Iraq Legal Intervention Triggered Mass War Crimes Investigations Against British Troops
Sir Keir Starmer’s pro bono legal work in a landmark human rights case directly enabled the subsequent investigation of thousands of British soldiers for alleged war crimes in Iraq, court records and government documents reveal.
The future Prime Minister worked alongside Lord Hermer in 2007 on the Al-Skeini case, arguing that the European Convention on Human Rights should apply to British forces operating in Iraq. Their legal intervention established the framework that would later subject 3,392 separate allegations of criminal conduct to formal investigation.
The Legal Foundation
Starmer and Hermer’s central argument centered on establishing a relationship of “power, control and protection” between the UK and Iraqi civilians in British-controlled areas. This legal theory sought to extend European human rights jurisdiction beyond traditional territorial boundaries.
In July 2011, the European Court of Human Rights in Strasbourg ruled in favor of their position, overturning British court decisions and ordering the UK to conduct effective investigations into civilian deaths. The ruling provided the legal trigger the lawyers had sought.
The Investigation Machine
The Ministry of Defence established the Iraq Historical Allegations Team in March 2010, anticipating the European court’s decision. The unit ultimately processed 3,392 distinct allegations of criminal conduct by British forces between 2003 and 2009.
Lord Hermer continued pursuing compensation claims against British soldiers on behalf of Iraqi clients, serving as leading counsel in civil cases against the Ministry of Defence. By March 2013, internal reports warned it was “very probable” that the claims would be exposed as “ridiculous.”
The Collapse
Despite these warnings, Hermer pushed for settlement offers ranging from £45,000 to £55,000 per claimant. British troops were entirely exonerated by 2014, triggering disciplinary proceedings against several human rights lawyers.
The scandal culminated in the striking off of solicitor Phil Shiner, who was subsequently convicted of fraud for his role in fabricating evidence against British military personnel.
The case illustrates how legal interventions in international human rights law can generate extensive investigative processes, even when the underlying allegations prove unfounded. The decade-long investigation process affected thousands of military families before the claims were dismissed.