British military could face homicide charges if military personnel die in training exercises

The British military could face homicide charges in the law courts for first time ever, under proposals put forward Sunday by a House of Commons committee.

Although members of the Parliament (MPs) are not planning to lift an exemption preventing prosecutions when members of the armed services are killed or injured during operations, the Parliamentary Defense Committee, says different rules should be applied to military training exercises.

Currently the Ministry of Defense and the armed services in Britain can only be penalized by Crown Censure for serious failings in hazardous training and selection events.

A report issued on Sunday by the parliament states that between Jan. 1, 2000 and Feb. 20, 2016, 135 armed forces personnel died while engaged on military training and exercises.

Since January 2000, there have been 11 Crown Censures: the highest penalty that can be issued to the Ministry of Defense (MoD) by the Health and Safety Executive. Currently the MoD and armed forces have exemptions where they cannot be prosecuted under the Corporate Manslaughter and Homicide Act 2007.

"While strongly endorsing the existing exemption for military operations, the committee says that this must change in relation to hazardous training and selection events," the MPs say in their recommendations to Parliament.

Their report, "Beyond endurance? Military exercises and the duty of care", calls for the MoD to be subject to charges under the Corporate Manslaughter charges without exemption.

The findings are the result of an in-depth inquiry by the Defense Sub-Committee.

The Report finds that it is wrong for the MoD and Armed Forces to have exemptions under the Corporate Manslaughter and Homicide Act 2007 in situations where they have been penalized by Crown Censure for serious failings in hazardous training and selection events.

Chair of the sub-committee, Madeleine Moon MP, said: "In general the armed forces take very seriously the risks associated with the way it trains for war fighting.

"But there have been a small number of serious yet avoidable failings in training safety and risk assessment which need to be addressed. So where a Crown Censure has been issued, it should be possible to prosecute the MoD. The lives of serving personnel are worth no less than those of civilians and those responsible for their deaths must be equally liable under the law," the MP said

"While it is important that the MoD and the Armed Services are accountable for all accidents and fatalities it is equally important that they are publicly seen to be so. The families and friends of those who have died whilst on training and selection events need to have confidence that lessons have been learned for the future, " Moon stressed.

The issue came into the public spotlight when three recruits to the elite SAS died from heat illness during a training exercise in the mountainous South Wales in 2013. Relatives described the official censure as no more than a "slap on the wrist" for military bosses.

Source: XINHUA