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Blair Pressured Officials to Keep Iraq Abuse Case Out of Civil Courts, Files Show

Newly released documents reveal the former prime minister’s efforts to prevent British soldiers accused in the Baha Mousa killing from facing civilian or international trials
Files appear to demonstrate Blair’s eagerness to ensure British soldiers would not be tried in civil or international criminal court.
Files appear to demonstrate Blair’s eagerness to ensure British soldiers would not be tried in civil or international criminal court. Photo: Stefan Rousseau/PA

Documents released to the National Archives reveal Blair’s response to internal briefings in 2005 concerning the death of Baha Mousa, who died after being beaten by British troops while in custody in Basra in 2003.

In handwritten notes on an official memo, Blair rejected the possibility that the case could be transferred to a civilian court, writing «It must not!» next to a passage outlining that option. He later stressed that it was «essential» the matter be kept away from both the civilian justice system and the International Criminal Court.

The case ultimately proceeded through a military court. In 2007, Corporal Donald Payne became the first British soldier convicted of a war crime, after admitting to the inhuman treatment of Iraqi detainees. He was jailed for a year and dismissed from the army.

The files suggest Blair was deeply concerned about the legal exposure of British forces in Iraq and sought to limit the risk of international prosecutions. In 2020, the International Criminal Court formally closed its preliminary examination into alleged war crimes committed by UK troops in Iraq between 2003 and 2008.

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