British special forces personnel may face criminal prosecution in connection with alleged unlawful killings in Afghanistan, the High Court heard on Monday. The Ministry of Defence (MoD) identified evidence earlier this year suggesting that troops deployed during operations between 2010 and 2013 may have committed serious offences under the Armed Forces Act 2006, prompting a referral to the Defence Serious Crime Command.

The revelations emerged as part of a long-running independent inquiry into claims that members of the Special Air Service (SAS) executed more than 80 unarmed Afghans, including children and detainees, during night-time raids. The investigation also examines allegations that evidence was destroyed to cover up wrongdoing. The MoD has refrained from commenting specifically on the allegations, citing the ongoing inquiry.

Jonathan Glasson KC, counsel for Lord Justice Haddon-Cave—the judge chairing the inquiry—confirmed that the material discovered led to a preliminary review by UK special forces before being passed to the military police unit responsible for serious offences. Following a scoping exercise, any criminal investigation has been paused pending the inquiry’s conclusion. Glasson clarified that subsequent investigations or prosecutions would be carried out by independent bodies, which would assess whether prosecution is warranted based on evidential and public interest considerations.

Serious offences under schedule 2 of the Armed Forces Act include murder and manslaughter, highlighting the gravity of the allegations. Approximately 150 former SAS soldiers who served in Afghanistan have been informed that they may be called upon to provide evidence or testimony as part of the inquiry process.

While the inquiry is largely conducted behind closed doors, several open hearings are scheduled in the coming weeks to address some of the concerns raised. Lord Justice Haddon-Cave has emphasized that the investigation centers on whether there was a systematic practice of unlawful killings rather than isolated incidents arising from the chaos of combat.

Responses from within the special forces community reflect some unease about the situation. Brigadier Ed Butler, a retired former commander of 22 SAS, expressed concerns that ongoing legal actions have negatively affected recruitment into the elite unit and questioned the level of governmental support for current members facing scrutiny.

The Independent Inquiry Relating to Afghanistan was established under the previous Conservative government and continues to examine a wide range of issues arising from the UK’s military engagement in Afghanistan. The MoD maintains that it is cooperating fully while refraining from detailed comment due to the sensitivity and legal status of the ongoing proceedings.