Top generals warn these laws are “paralysing decision-making, distorting rules of engagement and deterring initiative”.
Nine four-star generals have signed a letter to the Prime Minister warning that the soldiers’ trust in the legal system has stooped so low that it puts the country in danger.
Calling directly on Sir Keir and the attorney-general, Lord Hermer KC, they have demanded an urgent new legal framework to protect soldiers.
The unprecedented step coincides with Armistice Day on Tuesday as the nation pays tributes to veterans.
“Today every British soldier deployed must consider not only the enemy in front of them but the lawyer behind them.
“Make no mistake, our closest allies are watching uneasily, and our enemies will be rubbing their hands,” they wrote in a letter seen by the Times.
The generals claim the collapse in trust has been directly sparked by “lawfare”, which they describe as “the use of legal processes to fight political or ideological battles”.
They claim combat decisions made by troops deemed lawful at the time are now being re-considered, sometimes years later, in “the misplaced light of hindsight” amid “an ever-broadening interpretation of the European Convention on Human Rights”.
They say the European Convention on Human Rights and the UK’s own Human Rights Act UK should not apply to troops when they are on active service.
The generals warn these laws are “paralysing decision-making, distorting rules of engagement and deterring initiative”.
A major point of concern is the government’s Northern Ireland Troubles Bill, which will enable a string of new investigations into the British Army’s actions during the Troubles
.The signatories claim the bill is “an abdication of responsibility” as it “treats those who upheld the peace and those who bombed and murdered in pursuit of political ends as equivalent actors in a shared tragedy”.
A government spokesman told the Times: “We promised our veterans who served with honour in Northern Ireland that we would put proper protections in place, and the Northern Ireland Troubles Bill delivers on that commitment.
“After the false promises of the last government, we are putting in place six real, workable protections for veterans that the failed Legacy Act never did. We will not allow the process, like so many times before, to become the punishment for our veterans.”
“These robust safeguards will ensure the rights of those who served their nation so honourably are protected whilst providing victims with a human rights compliant, fair, and transparent system to seek answers.”
It comes after former senior military commanders accused Labour of betraying British veterans and inflicting “torture by the State,” as the government’s Legacy Bill began its passage through the Commons in October. The legislation, alongside a related “Remedial Order,” could allow investigations into former soldiers to resume before Christmas, with some potentially back in court within months.
General Sir Nick Parker, Commander-in-Chief, Land Forces from 2010 to 2012, warned: “By reopening investigations, there is no genuine safeguard for veterans and it amounts to torture by the State of those who risked their lives following orders.
"This undermines morale, operational decisiveness, and the credibility of UK commitments to allies. Confidence in command is the foundation of security. You cannot defend tomorrow if you keep relitigating yesterday.”
