Collection

Iraq Fatality Investigations

Inquiring into all the circumstances surrounding allegations of unlawful killing by British Forces.

About the Iraq Fatality Investigations

The Iraq Fatality Investigations (IFI) is a form of judicial inquiry tasked with investigating the circumstances surrounding Iraqi deaths involving British forces on a case by case basis. It is chaired by the Inspector, Sir George Newman, a retired High Court judge.

In January 2014, Sir George Newman was appointed by the Secretary of State for Defence to conduct such fatality investigations as the Ministry of Defence assigned to him from time to time with his consent. Sir George’s appointment followed the High Court’s ruling that a publicly accountable investigation into the specific and wider circumstances of death, with participation from the families of the deceased, was in certain cases required under Article 2 of the European Convention on Human Rights (ECHR). The IFI structure was adopted to properly satisfy the state’s investigatory obligations without the duration and expense of a statutory public inquiry.

The IFI is not concerned with determining civil or criminal liability. Appropriate cases are referred by the Ministry of Defence only after it has been decided that there is no realistic prospect of a criminal conviction and all criminal investigations and review processes have been completed. At the start of each case, the Inspector requests undertakings from the Attorney General and the Prosecutor of the International Criminal Court (ICC) that witnesses will not be prosecuted on the basis of any self-incriminating evidence they provide to the IFI.

The IFI is entirely separate to the Service Prosecution Authority (SPA), the now-closed Iraq Historic Allegations Team (IHAT) and the Service Police Legacy Investigations (SPLI), although the evidence gathered in the course of previous investigations will be considered by the Inspector in the course of his inquiries.

At the end of each Investigation, the Inspector publishes a report in which he sets out his findings.

How we work

At all times, the Inspector will have in mind the need for effectiveness and expedition. The process followed will therefore vary from case to case to ensure these objectives are best-fulfilled, but the following provides a typical outline of how the inquiries are progressed.

  1. evidence held by the Ministry of Defence, SPLI, and the former Iraq Historic Allegations Team (IHAT) which is provided to the Inspector upon commencement of a case, will be considered

  2. requests may be made for the disclosure of further evidence that the Inspector considers relevant to his inquiries and that evidence will be reviewed

  3. it is anticipated that the Inspector will need to conduct his own inquiries through interviewing witnesses and taking statements

  4. it may be necessary to conduct public hearings and for some witnesses to give evidence in public

  5. the Inspector will decide the extent to which documentation and any transcripts should be made publicly available on the IFI website

  6. the Inspector will produce and publish a report of his findings, providing (1) a narrative account of the immediate circumstances in which the death occurred; and (2) an examination of the wider circumstances in which the death occurred and any lessons which should be learned

  7. consideration will be given at all times to the state’s legal obligations towards Iraqi citizens, and the facts relating to how those obligations were discharged

Contact details

You can call us on +44 (0)20 7413 4715 or email contact@iraq-judicial-investigations.org

Alternatively you can write to us at:

Iraq Fatality Investigations
23 Essex Street
London
WC2R 3AA

Current cases

Concluded cases

Evidence and key documents related to individual cases

Reports of concluded cases

Public statements

Anonymity rulings

Costs protocol

Published 8 June 2018