Robert Jenrick challenged to justify claim UK special forces 'kill rather than capture' terrorists due to EU law

1 October 2024, 08:56 | Updated: 1 October 2024, 11:36

By EJ Ward

Tory leadership hopeful James Cleverly said that the UK military does not "murder people" and challenged Robert Jenrick to justify his claims that special forces are killing rather than capturing terrorists.

The shadow home secretary was questioned about Jenrick’s claim, made during the Conservative leadership race, that British Special Forces, including the SAS, are instructed to kill rather than capture terrorists.

Jenrick's reasoning was that, under European law, captured terrorists could be freed.

Speaking to Sky News, Cleverly said: "You're going to have to ask Robert to justify that statement. That's not something which I have heard. That's not something which I'm comfortable kind of repeating."

He continued, "If Robert is able to justify that, I think he should. The British military always abide by international humanitarian law, the law of armed conflict. We have... the most professional military in the world. Our military do not murder people."

Jenrick, a former immigration minister, made the claim in a campaign video posted on X (formerly Twitter), where he stated: "Our special forces are killing rather than capturing terrorists because our lawyers tell us that if they are caught, the European court will set them free."

He has also pledged to remove the UK from the European Court of Human Rights (ECHR) if he is successful in his bid to become the Conservative Party leader and then win a General Election.

However, Jenrick’s comments have sparked widespread criticism, including from his fellow leadership contender, Tom Tugendhat. The former lieutenant colonel said: "I think what he said is wrong and I’m afraid demonstrates a fundamental misunderstanding of military operations and the law of armed conflict."

Tugendhat expressed concern that such statements could send the wrong message. "I’m extremely concerned that such words should not be seen in any way to encourage people to take any action other than to surrender to British forces when asked to do so. I think he’s wrong and demonstrates a fundamental lack of understanding."

One Army source hit out at Mr Jenrick's claims branding them "dangerous" and "disingenuous," he told LBC that "once again our military are preparing for a possible operation in Lebanon to evacuate British citizens and this politician is besmirching their name for political gain."

Labour has also condemned Jenrick’s comments, with a source calling for an apology. "Robert Jenrick’s ludicrous attempt to politicise our special forces shows you how far the Tories have fallen. He should apologise. Our brave service men and women deserve better than this."

The debate has emerged against the backdrop of a wider inquiry into alleged war crimes committed by British Special Forces in Afghanistan.

The inquiry, spurred by a BBC Panorama investigation, is examining claims that innocent Afghan civilians were executed by members of the SAS between 2010 and 2013.

Testimony submitted to the inquiry suggests as many as 80 people may have been killed during a campaign of night raids.

The allegations have raised serious questions about the conduct of British forces, though the Ministry of Defence has consistently maintained that the military operates within the bounds of international law.

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