‘Lawfare’ and hounding UK troops through court is a direct threat to national security, Special Forces veterans warn
Senior figures representing UK Special Forces veterans have warned that the continued legal pursuit of former soldiers over the Northern Ireland Troubles risks becoming a “direct threat to national security”.
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Writing exclusively for LBC Opinion, retired Colonel Paul Pearce said associations representing the Special Air Service, Special Boat Service and Special Reconnaissance Regiment had taken the rare step of contacting every MP, in what he described as an “unprecedented” move, as LBC reported yesterday.
The groups, which collectively represent around 6,000 former operators, many of whom served during Operation Banner, say ageing veterans are being drawn into years of “highly adversarial” legal processes despite what they argue is little realistic prospect of prosecution.
“No one should underestimate the significance of this message,” Col Pearce wrote, adding that the associations had been left with “no choice” but to act.
He accused “apologists for terrorists” of exploiting judicial processes to pursue veterans and create a “false narrative” of the conflict, warning the impact on those involved, many now in later life, is severe.
Read more: The real test of veterans’ support is what happens next
The intervention comes amid ongoing political debate over how to address the legacy of the Troubles, with ministers maintaining that existing legislation offers sufficient protections for those who served.
But Col Pearce argued that approach “misses the point entirely”. “The mantra that the Troubles Bill will protect veterans once they become entangled in investigations and inquiries misses the point entirely,” he wrote. “They must be protected from becoming ensnared in the first place.”
He pointed to comments from Northern Ireland Secretary Hilary Benn, who has said the likelihood of prosecutions is “vanishingly small”, questioning why veterans should still face prolonged investigations if that is the case.
Rather than rejecting accountability, the former officer insisted those who served are asking for fairness and recognition that they were acting lawfully on behalf of the state during a sustained terrorist campaign.
Labour ministers claim the immunity protection is “incompatible with the European Convention on Human Rights” because it could prevent human rights violations from being properly investigated.
In its place, the Prime Minister has put forward proposals that include a commission to investigate Troubles-related killings while issuing a series of six “protections” for veterans.
The Special Forces associations have set out a series of measures they say are needed to prevent what they describe as unjustified legal action, including requiring new evidence before cases can proceed, moving key decisions outside Northern Ireland, and introducing stronger independent oversight to stop what they call vexatious claims.
Col Pearce warned the consequences extend far beyond historical cases, arguing that the use of legal processes in this way, described as “lawfare”, risks damaging trust among both veterans and serving personnel.
“The ongoing lawfare is a direct threat to national security,” he wrote. Senior military figures, including former chiefs General Sir Nick Parker and General Sir Peter Wall, have previously raised concerns that the handling of legacy cases could affect the willingness of troops to act decisively in future operations.
Col Pearce said the government risks eroding confidence among those who serve if it fails to act, warning the current approach could become “the latest failure” in efforts to deal with the legacy of the Troubles.
The government has not yet responded publicly to the latest intervention, but the warning is likely to intensify pressure on ministers as they continue to navigate one of the most contentious issues in post-conflict Northern Ireland.