Two arrested as High Court Afghanistan probe draws up to 150 SAS soldiers into inquiry

Two members of the British Army were arrested at the Special Air Service’s (SAS) Hereford base this month as a High Court probe into alleged unlawful killings in Afghanistan has drawn scores of current and former regiment members into the inquiry, the Ministry of Defence (MoD) said.

The MoD confirmed that "two members of the Armed Forces were arrested following an investigation by the Defence Serious Crime Command," and said it would not comment further while the matter remained under investigation. Media reports have said as many as 150 SAS soldiers are being considered in connection with the High Court probe.

The arrests were reported as involving a lieutenant colonel and a warrant officer who were questioned at regimental headquarters over allegations stemming from an operation in 2009, according to news outlets. One of the two was later told he was no longer a suspect, the reports said. The police probe into the 2009 incident has been described as separate from the High Court work examining events from roughly 2010 to 2013.

At least 80 alleged unlawful killings are being examined at the High Court as part of the Independent Inquiry Relating to Afghanistan, media organisations have reported. The inquiry, led by Lord Justice Haddon-Cave, has been sitting at the High Court for about two years and is not expected to return a judgment before 2027, according to reporting.

SAS personnel have launched legal challenges against aspects of the inquiry. Lawyers for some soldiers have accused the judge of acting unlawfully by seeking to prevent soldiers from attending hearings when sensitive evidence provided by a whistleblower is to be heard, the reports said. The regiment and its supporters say attendance restrictions risk undermining soldiers’ ability to respond to allegations and to maintain fair process.

The cases being examined by the inquiry relate to operations in Afghanistan in which Special Forces targeted insurgent bombmakers and other fighters. Some current and former soldiers involved in such operations have been described in media reporting as being investigated over allegations that uses of force fell outside the rules of engagement. Investigators are scrutinising multiple incidents and decisions made on operations during and after the withdrawal of British forces from Afghanistan.

The recent arrests echo earlier, separate probes into Special Forces operations. In 2022 five SAS personnel were investigated over an alleged extra-judicial killing in Syria; the Service Prosecuting Authority later dropped the case, saying there was insufficient evidence to proceed, but the then Director of Special Forces had earlier expressed concerns about whether force used was excessive, according to reporting at the time.

The developments have prompted concern among veterans and serving soldiers. An online petition seeking legal protections for veterans who served in Northern Ireland has attracted broad public support in recent years, and former members of the regiment have criticised reporting they say paints SAS soldiers as operating beyond legal bounds. "Doubtless everyone will assume guilt against the pair who were arrested at regimental headquarters," a former SAS officer told a national newspaper, adding that the public did not always understand the threats the unit faced in Afghanistan.

The Independent Inquiry Relating to Afghanistan was established to examine allegations about conduct by UK personnel in Afghanistan and to consider whether there have been systemic failings. It has held open hearings in the High Court and continues to gather evidence and witness testimony. Court proceedings have included contentious arguments about disclosure, witness anonymity, and how sensitive material from whistleblowers or intelligence sources should be handled in public hearings.

The MoD reiterated that inquiries and criminal investigations are progressing and said it would not provide further comment while investigations remain active. Legal representatives for soldiers and veterans involved in the matters under investigation did not immediately respond to requests for comment.

The inquiry and the separate criminal investigations could result in further police or prosecutorial action, but legal officials have cautioned that inquiries do not themselves determine criminal liability. Any decisions on charges would be made by prosecuting authorities following investigations and reviews of the evidence.