Former UK Defence Secretary Ben Wallace has strongly criticised the legal restrictions preventing Britain from conducting raids abroad to capture suspected terrorists. In his first public remarks since resigning from his Cabinet role, Wallace expressed his concerns about the limitations placed on counterterrorism operations and emphasised the need for a more flexible approach to dealing with threats to national security.
Wallace’s comments were made during an interview with The Telegraph, where he highlighted the challenges faced by the UK in addressing threats posed by “enemies of Britain.” He argued that the current legal framework often forces the UK to resort to lethal action rather than conducting raids and detaining suspects.
“When we have a threat to the UK, this lunacy of being unable to render people across borders or arrest people in countries whose police forces are unacceptable means that we are more often than not forced into taking lethal action than actually raiding and detaining,” Wallace stated.
Under international law, operations that could lead to the rendition of a suspect, involving their extrajudicial transfer from one country to another, are generally prohibited. Wallace acknowledged these legal restrictions but pointed out that they limit the UK’s ability to capture individuals who pose an imminent threat to the nation.
During his tenure as defence secretary, Wallace claimed to have encountered various plots and had to take action. However, he expressed a preference for capturing suspects rather than resorting to lethal measures. He cited an example of a hypothetical ISIS plot in a Central African country, where international law permits action but not the capture of suspects.
“If there was an ISIS plot in some Central African country, for example, under international law, we have the right to take action with or without permission from the host nation, but we couldn’t capture the bad guys – we could only kill them,” Wallace explained.
Furthermore, Wallace highlighted the importance of updating international human rights standards to account for the evolving transnational nature of threats and technological advancements. He argued that failing to adapt to this changing landscape could inadvertently push individuals towards more extreme measures. He called for a more contemporary understanding of human rights, emphasising the importance of fair trials before an independent judiciary and jury.
While not advocating for the complete abandonment of international legal frameworks, Wallace urged for a reconsideration of their application in the context of modern security challenges.
Ben Wallace resigned from his role as UK Defence Secretary in July, and Prime Minister Rishi Sunak subsequently appointed Grant Shapps as his successor last month.