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Kemi Badenoch Demands Starmer Apologise Over Iraq Veteran Prosecution Controversy

In Iraq News by Newsroom January 28, 2026

Kemi Badenoch Demands Starmer Apologise Over Iraq Veteran Prosecution Controversy

Credit: Carlos Jasso/AFP via Getty

Baghdad (Washington Insider Magazine) 28 January 2026 - Tory leader Kemi Badenoch has called on Prime Minister Sir Keir Starmer to apologise for what she termed a "witch-hunt" against an Iraq war veteran. The demand follows the Crown Prosecution Service's decision to charge a former soldier with murder over a 2005 killing in Basra. Badenoch criticised Labour's approach to legacy prosecutions of British troops.

Kemi Badenoch, leader of the Conservative Party, urged Prime Minister Sir Keir Starmer to issue a public apology regarding the ongoing prosecution of an Iraq veteran facing murder charges from a 2005 incident. Speaking at a party conference fringe event, Badenoch described the case as emblematic of a "witch-hunt" targeting former servicemen who served in overseas conflicts.

She highlighted the veteran's service record and argued the charges represented unfair retrospective justice.

The veteran, identified as a former member of the Royal Regiment of Fusiliers, faces trial at the Old Bailey for the alleged murder of an Iraqi civilian during a patrol in Basra on 13 May 2005. Prosecutors claim the soldier shot the man, named as Ahmed Jabber Kareem Ali, in the chest at close range after he posed no threat.

The case emerged from the Iraq Historic Allegations Team investigations, which examined hundreds of battlefield incidents.

Veteran’s Defence and Legal Proceedings

The defendant's legal team maintains the shooting occurred during active combat operations amid an insurgency that claimed thousands of lives. Court papers state the soldier fired after perceiving an imminent threat from the civilian, who was carrying a rifle. A pre-trial hearing at the Old Bailey in December 2025 set a trial date for October 2026, with the prosecution led by the Crown Prosecution Service's complex casework unit.

Badenoch referenced the veteran's decorations, including the Iraq Campaign Medal, and his subsequent career in security. She accused Starmer, a former Director of Public Prosecutions, of overseeing a policy shift that prioritised investigations into British forces over insurgent atrocities. The veteran pleaded not guilty at Westminster Magistrates' Court in November 2025, released on conditional bail pending trial.

Ministry of Defence records confirm over 600 complaints reviewed under the Iraq Fatality Investigations, resulting in 20 referrals to prosecutors since 2010. Similar cases include the 2013 prosecution of Marine Alexander Blackman for manslaughter in Afghanistan, later reduced on appeal. The veteran's supporters organised a vigil outside Parliament on 20 January 2026, attended by 200 ex-servicemen.

Badenoch’s Statements and Party Response

In her speech, Badenoch stated: "Sir Keir Starmer must apologise for this witch-hunt against our brave soldiers who kept us safe." She linked the case to Labour's defence review, claiming it undermined military morale. Conservative MPs, including defence spokesman Grant Shapps, tabled an early day motion calling for a moratorium on legacy cases.

Badenoch reiterated pledges from the 2024 Tory manifesto to legislate against prosecutions for actions taken under battlefield rules of engagement. The party highlighted 179 service personnel pursued by the Armed Forces Covenant, with 142 cases still active as of January 2026. Shadow Attorney General Robert Jenrick wrote to the Prime Minister demanding a meeting on the issue.

At Prime Minister's Questions on 21 January 2026, Starmer defended the independence of the CPS, noting decisions rest with evidence and public interest tests. He stated: "The rule of law applies to everyone, including our armed forces." Labour benches applauded as he affirmed support for veterans through the Veterans' Ombudsman scheme launched in 2025.

Government Position on Legacy Prosecutions

Downing Street spokespersons emphasised no political interference in judicial processes. The Attorney General's office reviewed the case under the full code test, approving charges based on witness statements and forensic evidence from the scene. Home Office data shows £27 million allocated to veteran mental health services since 2024.

Starmer's administration extended the Iraq prosecution window under the Armed Forces Act 2021, allowing investigations up to 10 years post-incident. Cabinet Office Minister Nick Thomas-Symonds told the Commons the government balanced justice for victims with protections for troops via statutory presumptions against prosecution. Veterans Minister Al Carns visited injured ex-servicemen in Selly Oak Hospital last week.

The Public Prosecution Service for Northern Ireland handles parallel Troubles-era cases, with 1,200 murders under review. Labour committed £5 million to the Iraq and Afghanistan inquiry in the 2026 budget, focusing on equipment failures rather than individual culpability. No ministerial apology has been forthcoming as of 28 January 2026.

Historical Context of Iraq Inquiries

British forces deployed to Basra under Operation Telic from 2003 to 2009, suffering 179 fatalities. The 2011 Chilcot Inquiry catalogued intelligence failures preceding the invasion but cleared troops of systematic abuse. Subsequent probes by the Royal Military Police examined detainee treatment, leading to seven convictions for ill-treatment by 2013.

The Independent Commission for the Iraq War, established in 2024, heard testimony from 150 veterans on post-tour prosecutions. Ministry of Justice figures indicate 39 courts martial related to Iraq since 2003, with a 70% conviction rate. The veteran in question served two tours, qualifying for the General Service Medal clasp.

Amnesty International reported 20 civilian deaths attributed to British forces in Basra district during 2005, though contested by MoD logs. The case file spans 5,000 pages, including ballistic reports matching the soldier's weapon. Trial preparations include expert testimony on stress in urban warfare.

Political and Military Reactions

Former Prime Minister Rishi Sunak endorsed Badenoch's call on social media, stating:

"Our veterans deserve better than endless persecution."

The Royal British Legion issued a statement urging proportionality in historic cases while upholding legal standards. General Sir Patrick Sanders, ex-Chief of the General Staff, warned in a 2025 lecture of "persecution fatigue" eroding recruitment.

Reform UK leader Nigel Farage organised a petition garnering 50,000 signatures for a Veterans' Protection Bill. Liberal Democrat defence spokesman Richard Foord called for an independent review of all legacy files. SNP MPs abstained from the debate, citing devolved justice powers.

The Confederation of British Service and Ex-Service Organisations lobbied Parliament with a 10,000-signature dossier. Polls by YouGov in January 2026 showed 62% public support for halting Iraq prosecutions. Military unions reported a 15% rise in veteran helpline calls post-charging announcement.

Broader Implications for Armed Forces Covenant

The Armed Forces Covenant, enshrined in 2011, guarantees no disadvantage for service. Badenoch cited a 2025 breach report listing 45 failures in housing and healthcare. Government data reveals 80,000 veterans in employment support schemes. The Veterans' Gateway handled 250,000 referrals since inception.

Defence Secretary John Healey announced a £1.5 billion uplift for welfare funds in the Autumn Statement. The case parallels the Horizon scandal compensation model, with £100 million proposed for wrongly accused troops. Parliamentary committees scheduled hearings for February 2026.

Cross-party talks on a Legacy Act extension stalled over Human Rights Act compatibility. The European Court of Human Rights dismissed two Iraq appeals in 2025. Veteran charities noted improved transition services, with 90% satisfaction rates.

Ongoing Developments and Timeline

Pre-trial disclosure hearings resume on 10 February 2026 at Southwark Crown Court. The prosecution witness list includes two Iraqi interpreters and a forensic pathologist. Defence motions seek exclusion of hearsay evidence from 2005.

Badenoch plans a Westminster Hall debate on 5 February, backed by 100 MPs. Starmer's diary includes a veterans' roundtable on 30 January. MoD press office confirmed no policy change on historic allegations. Public interest remains high, with coverage in The Times, Daily Telegraph, and BBC New.