The Iraq war logs add hugely to the evidence in the public domain about the number of Iraqi civilians killed during the occupation. Precisely how many were killed will never be known partly because the US and UK did not consider it necessary to keep any public record. However, we now know from the important work of Iraq Body Count that the war logs disclosed increase the previously known number of deaths by a staggering 15,000.
Some of those deaths will be in circumstances where the UK had a clear legal responsibility. My firm, Public Interest Lawyers, is acting for many Iraqi civilians killed or tortured by UK forces. Some died from indiscriminate attacks on civilians or from the unjustified use of lethal force. Others have been killed in custody – the most notable being Baha Mousa who died after sustaining 93 separate injuries.
The UK's legal responsibility is clear where Iraqis died under the effective control of its forces: under arrest, in vehicles, helicopters, or detention facilities. A key test case before the European court of human rights (the Al-Skeini case) is expected to confirm that these deaths will fall within the jurisdiction of the European convention on human rights.
Others deaths will not be covered by the European convention, such as a case we are pursuing where a rifleman from a tank stopped in broad daylight and shot and killed an eight-year-old girl playing in the street. However, we argue English common law similarly provides that a public inquiry into the legality of such deaths must be held. If unjustified or unlawful force has been used, accountability including prosecutions must follow. PIL is bringing forward a new case seeking accountability for all these deaths.
There is a huge body of evidence about killings, ill-treatment and torture of Iraqis while in custody with UK forces. We act for hundreds of Iraqis who complain of being subjected to deeply disturbing coercive interrogation techniques at the hands of a secret squad of UK interrogators. Insofar as the logs add to this body of evidence, it will help us to gain a single public inquiry into the UK's detention policy.
But further, a huge number of logs detail horrendous torture and abuse of Iraqis by the Iraqi national guard or police. The US and UK appear to have adopted an order that required them to take no action. This is completely contrary to international law. There is an absolute prohibition on torture: it may never be used. All states owe a duty to each other to co-operate to stamp it out so that torturers know that they will be found out and prosecuted for their "war crimes". US and UK forces cannot turn a blind eye on the basis it wasn't their forces doing the torturing. That they did not take action makes them complicit. We at PIL will be seeking accountability for the UK's failure to act.
We also act for families in Falluja, where there has been an alarming increase in the rate of birth defects since the attacks on the city in November 2004. Such is the concern from the medical profession that parents are being warned not to have children because of the risks. It is suggested by many professionals that the health problems plaguing the population have been caused by the weapons systems used by coalition forces during the attacks. The UK provided material assistance to the US and bears a heavy responsibility to answer and address this emerging public health crisis. A case on behalf of those parents will be lodged at the high court in London shortly.
As evidence of atrocities perpetrated in Iraq by UK forces continues to grow, we must act to ensure that our government faces up to its legal and moral responsibilities.