Zarah Sultana: 'We cannot put anyone above the law'

Human rights at stake — Last week, three Labour MPs – Nadia Whittome, Beth Winter and Olivia Blake – all lost their roles after voting against a bill which restricts British soldier torture prosecutions. Zarah Sultana MP explains why she took a stand against the bill.

In September 2003, in Basra, Iraq, a 26-year-old receptionist called Baha Mousa was detained by British soldiers. In a British base, Baha was hooded and beaten, before he died in custody. He had sustained no less than 93 injuries.

Seven soldiers were charged with this crime. All but one was acquitted. A public inquiry, released in 2011, found that Baha and other detainees had been assaulted by a “large number” of soldiers and that many others – including officers – must have known what had happened. Baha, it said, had been subjected to “gratuitous violence” and it condemned the Ministry of Defence’s “corporate failure” for the use of “banned interrogation methods” in Iraq.

If there was any doubt, this case shows that the British Army is not, and has never been, infallible. And if we are to defend basic liberal values, uphold international law, and speak with moral authority on the world’s stage, then we must hold the British Army to the highest of standards. We cannot put anyone above the law.

But this is precisely what the Overseas Operations Bill – which passed its second reading in the House of Commons last week – would do. It contains a so-called ‘triple lock’ against the prosecution of soldiers operating overseas. One of these ‘locks’ is a presumption against prosecution for alleged offences committed more than 5-years-ago. It makes no exemption for torture, war crimes, or crimes against humanity. 

This is a dangerous prospect: war crimes don’t stop being war crimes after 5 years, and the prohibition against these crimes must be absolute. The crimes inflicted upon Baha and other Iraqis during Britain’s most recent occupation are – and will always be – gross injustices.

But in the eyes of British law, this could be thrown into doubt if this bill is passed. In the words of a former chief of defence staff, the bill “lets torturers off the hook” and provides “room for a de facto decriminalisation of torture”. Amnesty International and a host of other human rights organisations agree. And, as Freedom From Torture note, the bill is inconsistent with our obligations under the Geneva Convention.

The 5-year limit also builds in a dangerous incentive to delay investigations and hold up charges until the time limit ends. This is particularly concerning since the Ministry of Defence is already known for failing to investigate itself, as the Minister for Defence People and Veterans has himself acknowledged.

Even by its own standards, the bill fails. The government claims it is about protecting soldiers from “vexatious” legal claims, but really, it is about protecting the Ministry of Defence. It creates a new time-limit for former personnel to claim compensation for conditions such as post-traumatic stress disorder – this is why even the Royal British Legion has criticised it.

Conservative MPs often boast that Britain has a proud record of upholding the rule of law. That we are a champion of justice on the world’s stage. Time and time again this is shown to be a farce: from selling billions of pounds of arms to the Saudi dictatorship for its war in Yemen, to failing to take action against the Israeli government for its consistent violations of international law against the Palestinian people.

But even for this government, passing this bill would mark dangerous new ground in its disregard for human rights. There should be no doubt: when the Overseas Operations Bill next returns to the House of Commons, it must be opposed.

Follow Zarah Sultana on Twitter.

Enjoyed this article? Like Huck on Facebook or follow us on Twitter.


You might like

Man singing at microphone on stage, wearing red shirt and tattoo on arm, playing electric guitar.
Activism

Green Day’s Billie Joe Armstrong tells ICE to “fuck off” in LA protest video

Saviors — The singer shared the post on Sunday, featuring the band’s recently released song ‘Fuck Off’ as its soundtrack.

Written by: Isaac Muk

Family of 6 people, including 3 children, standing together in front of a wooden fence.
Activism

Meet the Kumeyaay, the indigenous peoples split by the US-Mexico border wall

A growing divide — In northwestern Mexico and parts of Arizona and California, the communities have faced isolation and economic struggles as physical barriers have risen in their ancestral lands. Now, elders are fighting to preserve their language and culture.

Written by: Alicia Fàbregas

A person wearing a red bandana and denim jacket, looking directly at the camera.
Activism

A new book explores Tupac’s revolutionary politics and activism

Words For My Comrades — Penned by Dean Van Nguyen, the cultural history encompasses interviews with those who knew the rapper well, while exploring his parents’ anti-capitalist influence.

Written by: Isaac Muk

Crowd of protesters holding Palestinian flags and signs calling for "Free Palestine" outside the UK Houses of Parliament.
Activism

A reading of the names of children killed in Gaza lasts over 18 hours

Choose Love — The vigil was held outside of the UK’s Houses of Parliament, with the likes of Steve Coogan, Chris O’Dowd, Nadhia Sawalha and Misan Harriman taking part.

Written by: Isaac Muk

Dimly lit underground carpark, long winding corridor with concrete walls, floor, and pipes above.
Activism

Youth violence’s rise is deeply concerning, but mass hysteria doesn’t help

Safe — On Knife Crime Awareness Week, writer, podcaster and youth worker Ciaran Thapar reflects on the presence of violent content online, growing awareness about the need for action, and the two decades since Saul Dibb’s Bullet Boy.

Written by: Ciaran Thapar

Two people holding "Trans Rights Now" signs at an outdoor protest.
Activism

The UK is now second-worst country for LGBTQ+ rights in western Europe

Rainbow regression — It’s according to new rankings in the 2025 Rainbow Europe Map and Index, which saw the country plummet to 45th out of 49 surveyed nations for laws relating to the recognition of gender identity.

Written by: Ella Glossop

Huck is supported by our readers, subscribers and Club Huck members. It is also made possible by sponsorship from:

Signup to our newsletter

Sign up to our newsletter to informed with the cutting edge of sport, music and counterculture, featuring personal takes on the state of media and pop culture from Emma Garland, former Digital Editor of Huck, exclusive interviews, recommendations and more.

Please wait...

Accessibility Settings

Text

Applies the Open Dyslexic font, designed to improve readability for individuals with dyslexia.

Applies a more readable font throughout the website, improving readability.

Underlines links throughout the website, making them easier to distinguish.

Adjusts the font size for improved readability.

Visuals

Reduces animations and disables autoplaying videos across the website, reducing distractions and improving focus.

Reduces the colour saturation throughout the website to create a more soothing visual experience.

Increases the contrast of elements on the website, making text and interface elements easier to distinguish.