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, a retired judge.
In January 2014, Sir George Newman was appointed 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. In August 2019, Baroness Hallett was appointed to succeed Sir George in this role. In July 2022, Dame Anne Rafferty was appointed as Inspector of the Iraq Fatalities Investigations in succession to Baroness Hallett following her announcement of 16 December 2021 confirming her stepping down as Inspector of these Iraq Fatality Investigations.
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 her inquiries.
At the end of each Investigation, the Inspector publishes a report in which she sets out her 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.
-
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
-
requests may be made for the disclosure of further evidence that the Inspector considers relevant to her inquiries and that evidence will be reviewed
-
it is anticipated that the Inspector will need to conduct her own inquiries through interviewing witnesses and taking statements
-
it may be necessary to conduct public hearings and for some witnesses to give evidence in public
-
the Inspector will decide the extent to which documentation and any transcripts should be made publicly available on the IFI website
-
the Inspector will produce and publish a report of her 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
-
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 write to us at:
Iraq Fatality Investigations
3 Hare Court
Temple
London
EC4Y 7BJ
Email: [email protected]
Current cases
Concluded cases
Evidence and key documents related to individual cases
Reports of concluded cases
Public statements
Anonymity rulings
Costs protocol
Procedures
Updates to this page
Published 8 June 2018Last updated 1 November 2022 + show all updates
-
Added email address to 'Contact details' section.
-
Added detail on Dame Anne Rafferty's appointment as Inspector of the Iraq Fatalities Investigations and updated contact details for Iraq Fatality Investigations.
-
Added Investigation into the death of Radhi Nama and Mousa Ali under the current cases heading.
-
Added the Iraq Fatality Investigations: report into the death of Saeed Radhi Shabram Wawi Al-Bazooni page.
-
Added information about the new appointment of Baroness Hallett in 2019.
-
Added Iraq Fatality Investigations procedures.
-
First published.