That British soldier killed in Iraq recently was part of an SAS unit working with US special forces in an operation to neutralise a bomb making facility in a Sunni dominated area North of Baghdad. The right to make bombs for pre-emptive strikes in self-defence is well established: Attorney Generalís Ref (No2 of 1983) [1984] QB 456. Those who seek to intrude on that right in the manner of these soldiers can be killed in self defence: R v Hussey (1924) 18 Crim App R 160 CCA<br><br>The soldiers started by lobbing percussion grenades at the target house but as they moved in they were caught in an ambush and sustained the said fatality and injuries to four of their number but not without ultimately killing their targets and at least 9 civilians including a woman and baby who were shot in cold blood as they ran away. Some of the civilian deaths were caused by US Air Force pilots who bombed one of the neighbouring houses. <br><br>These events are war crimes of course so Iím going to be calling for the survivors to be arrested and put on trial if it hasnít already happened when then get back home. Personally I would favour a Crown Court trial in England in which case we would have to extradite the US contingent but one alternative would be to convene the World Court in Holland which can invoke the relevant treaties. <br><br>Either way, a statement that "the Multi-national Force-Iraq sincerely regrets when civilians are wounded or killed and their families have our heartfelt condolences" will he irrelevant to liability which will turn on the question of intent to kill. As one witness stated: "There were no terrorists. The coalition calls us Iraqis insurgents, terrorist, but it is the coalition who are the terrorists, not us." Thatís about right Iím afraid.<br><br>km<br><br>