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2011 Helmand Province killing
Reference material by Wikipedia contributors. This retains its source identity and is not 411 news reporting.
Killing of a Taliban insurgent
November 2014
November 2014
right|thumb|Map of Afghanistan with Helmand highlighted
The 2011 Helmand Province killing was the manslaughter of a wounded Taliban insurgent by British Royal Marine Sergeant Alexander Wayne Blackman on 15 September 2011.Royal Marine Alexander Blackman gets seven years for Taliban killing https://www.bbc.co.uk/news/uk-39417239 28 March 2017 BBC News 28 March 2017 Blackman and two other Royal Marines, Corporal Christopher Glyn Watson and Marine Jack Alexander Hammond, known during their trial as Marines A, B, and C, were anonymously tried by court martial for the killing. On 8 November 2013, Watson and Hammond were acquitted, while Blackman was found guilty of murder of the Afghan insurgent in contravention of section 42 of the Armed Forces Act 2006. This made him the first British soldier to be convicted of a battlefield murder whilst serving abroad since World War II.
On 6 December 2013, Blackman was sentenced to life imprisonment with a minimum term of ten years before being eligible of parole, and dismissed with disgrace from the Royal Marines. On 22 May 2014, the Courts Martial Appeal Court reduced his minimum term to eight years.
A campaign in the Armed Forces community tried to have his conviction overturned, led by Claire Blackman and the MP for South Dorset, Richard Drax.28 October 2015 Protest over Royal Marine's Afghanistan murder conviction https://www.bbc.co.uk/news/uk-34659199 BBC Newshttps://www.richarddrax.com/campaigns/freeing-sergeant-alexander-blackman Freeing Sergeant Alexander Blackman During the campaign to free him, the Criminal Cases Review Commission concluded that Blackman's defence team fell "way below the standard expected".Jailed marine Alexander Blackman's defence team 'fell below standard required', official report concludes The Daily Telegraph 3 January 2017 https://web.archive.org/web/20211129120115/https://www.telegraph.co.uk/news/2017/01/03/jailed-marine-alexander-blackmans-defence-team-fell-standard/ 29 November 2021 live https://www.telegraph.co.uk/news/2017/01/03/jailed-marine-alexander-blackmans-defence-team-fell-standard/ Foster Patrick At the subsequent appeal hearing in 2017, the conviction was overturned and the hearing stated that "At the time of the killing the patrol remained under threat from other insurgents... Given his prior exemplary conduct, we have concluded that it was the combination of the stressors, the other matters to which we have referred and his adjustment disorder that substantially impaired his ability to form a rational judgment."https://www.theguardian.com/uk-news/2017/mar/15/alexander-blackman-royal-marine-a-judges-quash-murder-conviction Judges quash UK marine Alexander Blackman's murder conviction TheGuardian.com 15 March 2017
In March 2017, the conviction for murder was overturned and reduced to manslaughter on the grounds of diminished responsibility. Blackman was released from prison on 28 April 2017 but his dismissal from the Marines remains in place.Press Association: "Marine A: Alexander Blackman released from prison", The Guardian, 28 April 2017.
Incident
The incident took place in Helmand Province during Operation Herrick 14, part of the British effort in the War in Afghanistan. Blackman, of J company, 42 Commando, was part of a Royal Marine patrol that came across an Afghan fighter in a field wounded by Apache helicopter gunfire. Blackman ordered the Afghan to be moved out of sight of the Kestrel surveillance system, a camera on a balloon above British Forward Operating Base Shazad, Helmand, covering the area Blackman's patrol had been sent to. Video evidence played at the Marines' subsequent trial shows some of the patrol dragging the man across the field and then kicking him. Blackman ordered Corporal Christopher Glyn Watson and Marine Jack Alexander Hammond to stop administering first aid to the insurgent and eventually shot the man in the chest with a 9 mm pistol, saying: "Shuffle off this mortal coil, you cunt. It's nothing you wouldn't do to us." He then added: "I just broke the Geneva Convention."
Criminal trial, appeals, and sentencing
After the 15 September incident, Blackman continued with his tour of duty, leaving Helmand Province in late October 2011. On 13 October 2012, at the decision of the Service Prosecution Authority, Blackman, Watson, Hammond, Marines D and E were charged with the murder of the unnamed Afghan insurgent. The lead came after British civilian police discovered suspicious video footage on a serviceman's laptop. Marines D and E had charges against them dropped on 5 February 2013. Blackman, Watson and Hammond first appeared in court in August 2013, where they entered a not guilty plea. The military trial began on 23 October 2013 at the Military Court Centre in Bulford, Wiltshire, protected from view in court behind a screen because of an anonymity order, where Blackman, Watson and Hammond were identified in court papers as Marines A, B, and C respectively, and lasted two weeks in front of Judge Advocate General Jeff Blackett, with a seven-members Court Martial board (equivalent to a jury in the civilian justice system) instead of the usual five.
The verdict was delivered on 8 November 2013 and it carried a mandatory life sentence, so it was only in the judge advocate's and Court Martial board's power to decide on the minimum sentence needed to served before eligibility for parole once the board had found only Blackman guilty. Thus, he was sentenced to a minimum of 10 years imprisonment on 6 December 2013. On 22 May 2014, at the Courts Martial Appeal Court, Lord Chief Justice Lord Thomas reduced Blackman's minimum term to 8 years.
In December 2016 Blackman was denied bail pending a second appeal due to be heard by the Court Martial Appeal Court.https://www.bbc.co.uk/news/uk-38397205 https://archive.today/20161221211616/http://www.bbc.com/news/uk-38397205 21 December 2016 live Murder appeal ex-marine Alexander Blackman refused bail 21 December 2016 BBC News 21 December 2016 On 15 March 2017, the court reduced the conviction to manslaughter on the grounds of diminished responsibility.Marine Alexander Blackman conviction reduced to manslaughter BBC News 15 March 2017 15 March 2017 https://www.bbc.co.uk/news/uk-39278929 British newspaper The Guardian reported that, "Outside court Blackman's wife, Claire, who has led the campaign to free the former sergeant, said she was delighted by the result saying it 'much better reflected the circumstances that [her] husband found himself in during that terrible tour of Afghanistan'."Morris Steven Judges quash UK marine Alexander Blackman's murder conviction https://www.theguardian.com/uk-news/2017/mar/15/alexander-blackman-royal-marine-a-judges-quash-murder-conviction 15 March 2017 The Guardian London 15 March 2017
On 28 March 2017, Blackman was given a 7-year sentence for manslaughter with diminished responsibility, but was given credit for time served, and was freed on 28 April 2017.https://www.theguardian.com/uk-news/2017/apr/28/marine-a-alexander-blackman-released-from-prison Marine A, who killed wounded Taliban fighter, released from prison The Guardian 28 April 2017
Anonymity orders
right|thumb|The Law Courts building, housing the High Court, which issued a ruling leading to three of the Marines involved being publicly named
Running in parallel to the Marines' criminal trial were legal proceedings relating to the anonymity of the defendants. In the autumn of 2012, Judges Advocate Elsom and Blackett issued anonymity orders for the Marine defendants due to the risk that, once named, the defendants would become targets for terrorists. The move had been opposed by elements of the UK media. A lawyer for the Press Association argued that anonymity orders should not be issued in this case because British military award recipients named in the media had not been previously targeted; and that the names of those British service personnel investigated following the death of Baha Mousa had not been similarly protected. The anonymity orders were upheld at the beginning of the trial in October 2013.
On 5 December 2013, Lord Chief Justice Lord Thomas and two other High Court judges lifted the existing anonymity order on Blackman. The same ruling had it that the anonymity order on Watson and Hammond also be lifted unless they submit an appeal to the Supreme Court. No such appeal was lodged within the set deadline, thus on 19 December 2013, both Watson and Hammond's identity were revealed. The anonymity of Marines D and E was upheld on 19 December "pending any further order by the Judge Advocate General".
Blackett also restricted public access to the evidence used at the trial, releasing on 8 November stills, audio clips and transcripts from the serviceman's video that was played to the Court Martial board, but ruling that the full video itself not be released, since doing so "would increase the threat of harm to British service personnel." On 5 December 2013, the Court Martial Appeal Court upheld the earlier decisions prohibiting the release of the video footage of the attack and some of the stills from it. The Court stated, however, that the prohibition was to prevent the material being used for radicalisation, rather than it posing a risk to the life of the defendants.
Reactions
The legal proceedings relating to the Marines received widespread public and media attention in the UK.
Reacting to Blackman's guilty verdict, Royal Marines Brigadier Bill Dunham called the murder a "shocking and appalling aberration" that was "not consistent with the ethos, values and standards of the Royal Marines", but was nevertheless an "isolated incident". General Sir Mike Jackson said he was "saddened" by the case.
Blackman's guilty verdict led to a showing of public support for the Marine, with people creating social media groups and online petitions asking that he be given a lenient sentence or calling for his release. The Daily Telegraph supported one Change.org petition for leniency.
When Blackman was sentenced to life imprisonment with a tariff of 10 years, General Sir Nick Houghton called his actions a "heinous crime" and commented that "murder is murder". By contrast, Blackman's commanding officer, Lieutenant Colonel Simon Chapman of the 42 Commando, said in a letter read to the court that Blackman had had a "momentary ... lapse of judgment" and was "not a bad man", and added that Blackman had his "full support".https://www.bbc.com/news/uk-25268710 Commanding officer's letter defends Sergeant Alexander Blackman BBC News 6 December 2013 24 February 2023 Blackman himself said in a statement that he was "devastated" and "very sorry for any damage caused to the Royal Marines".
In November 2013, Colonel Oliver Lee OBE, commanding officer of the 45 Commando during Operation Herrick 14, resigned in protest at the narrowness of Blackman's court martial and his being prevented from giving evidence to it.http://www.thecourier.co.uk/news/local/angus-the-mearns/former-arbroath-co-quits-royal-marines-accusing-military-chiefs-of-alexander-blackman-betrayal-1.899550 Former Arbroath CO quits Royal Marines, accusing military chiefs of Alexander Blackman betrayal Strachan Graeme 11 September 2015 The Courier 18 September 2015 Lee went on to give evidence at the Court Martial Appeal Court in 2017 where Blackman's conviction was reduced from murder to manslaughter.Akam Simon 3 April 2021 War, justice and the real story behind 'Marine A' GQ https://www.gq-magazine.co.uk/politics/article/marine-a live https://web.archive.org/web/20210403061848/https://www.gq-magazine.co.uk/politics/article/marine-a 3 April 2021
On 28 October 2015, the Ministry of Defence banned a large number of serving soldiers from attending a rally in support of Sergeant Blackman, saying that the event was a "political protest". However, lawyers representing the rally organisers stated that, rather, the event was "a show of support to one of our fellow Royal Marines and not a 'political protest.Farmer Ben Troops warned not to attend Sgt Alexander Blackman rally https://www.telegraph.co.uk/news/uknews/defence/11956351/Troops-warned-not-to-attend-Sgt-Alexander-Blackman-rally.html 26 October 2015 Daily Telegraph 27 October 2015MoD bans military personnel from rally supporting jailed ex-Royal Marine http://www.itv.com/news/2015-10-27/mod-bans-military-personnel-from-rally-supporting-jailed-ex-royal-marine/ 27 October 2015 ITV News 27 October 2015 A related online petition to the government raised over 100,000 signatures calling for Blackman's immediate release, stating that the soldier had been condemned for defending his country. Within hours of the MoD's decision Michael Fallon, Minister for Defence, put out a government statement saying that the UK would maintain military operations in Afghanistan for the foreseeable future.September 2020
See also
Killing of Abdel Fattah al-Sharif
References
30em The Daily Telegraph https://www.telegraph.co.uk/news/uknews/defence/10439494/Petition-leniency-for-Marine-A.html https://web.archive.org/web/20140815002543/http://www.telegraph.co.uk/news/uknews/defence/10439494/Petition-leniency-for-Marine-A.html 15 August 2014 26 November 2014 live Petition: leniency for Marine A 11 November 2013
26 November 2014 https://www.telegraph.co.uk/news/uknews/defence/10517321/Marine-A-wife-It-was-war-my-husband-is-not-a-murderer.html The Daily Telegraph Marine A wife: It was war, my husband is not a murderer 17 December 2013 https://web.archive.org/web/20131217024542/http://www.telegraph.co.uk/news/uknews/defence/10517321/Marine-A-wife-It-was-war-my-husband-is-not-a-murderer.html 13 December 2013 Ben Farmer Chris Terrill Chris Terrill
Littlewood Alex Marine guilty of Afghanistan murder https://www.bbc.co.uk/news/uk-24870699 9 December 2013 8 November 2013 BBC News https://web.archive.org/web/20131110085820/http://m.bbc.co.uk/news/uk-24870699 10 November 2013
Jonathan Beale Jonathan Beale (reporter) Wyatt Caroline Marine convicted of Afghan murder named https://www.bbc.co.uk/news/uk-25232808 9 December 2013 BBC News 5 December 2013 Caroline Wyatt https://web.archive.org/web/20131205184825/http://www.bbc.co.uk/news/uk-25232808 5 December 2013
Stretch Euan 'Could put one in his head if you want?': Court martial tape of alleged execution released https://www.mirror.co.uk/news/uk-news/royal-marines-court-martial-audio-2685674 9 December 2013 Daily Mirror 8 November 2013 https://web.archive.org/web/20131109001629/http://www.mirror.co.uk/news/uk-news/royal-marines-court-martial-audio-2685674 9 November 2013
Robson Steve Royal Marine Sergeant Alexander Blackman jailed for ten years for executing injured Taliban insurgent https://www.mirror.co.uk/news/uk-news/royal-marine-sergeant-alexander-blackman-2897775 9 December 2013 Daily Mirror 6 December 2013 https://web.archive.org/web/20131206223730/http://www.mirror.co.uk/news/uk-news/royal-marine-sergeant-alexander-blackman-2897775 6 December 2013
Morris Steven Marine who murdered Taliban prisoner loses fight to remain anonymous https://www.theguardian.com/uk-news/2013/dec/05/royal-marine-alexander-blackman-murdered-taliban-anonymous 9 December 2013 The Guardian 5 December 2013 Richard Norton-Taylor Richard Norton-Taylor https://web.archive.org/web/20131208052607/http://www.theguardian.com/uk-news/2013/dec/05/royal-marine-alexander-blackman-murdered-taliban-anonymous 8 December 2013
Marine 'devastated' after prison sentence https://www.telegraph.co.uk/finance/newsbysector/industry/defence/10501206/Marine-devastated-after-prison-sentence.html https://web.archive.org/web/20131207011346/http://www.telegraph.co.uk/finance/newsbysector/industry/defence/10501206/Marine-devastated-after-prison-sentence.html dead 7 December 2013 9 December 2013 The Daily Telegraph 6 December 2013
Farmer Ben Killer Marine told he 'increased risk of revenge attacks' and sentenced to minimum 10 years https://www.telegraph.co.uk/news/uknews/defence/10500133/Killer-Marine-told-he-increased-risk-of-revenge-attacks-and-sentenced-to-minimum-10-years.html 9 December 2013 The Daily Telegraph 6 December 2013
Rozenberg Joshua Marine's life sentence is fixed by law – but the minimum term is not so simple https://www.theguardian.com/uk-news/2013/dec/05/marine-life-sentence-sergeant-blackman-murdering-taliban-prisoner 9 December 2013 The Guardian 5 December 2013 Joshua Rozenberg https://web.archive.org/web/20131208051856/http://www.theguardian.com/uk-news/2013/dec/05/marine-life-sentence-sergeant-blackman-murdering-taliban-prisoner 8 December 2013
Royal Marine Sgt Alexander Blackman jailed for life for the murder of Afghan insurgent https://www.independent.co.uk/news/uk/crime/royal-marine-sgt-alexander-blackman-jailed-for-life-for-the-murder-of-afghan-insurgent-8988983.html 16 December 2013 6 December 2013 Morris Nigel The Independent 15 December 2013 https://web.archive.org/web/20131215184343/http://www.independent.co.uk/news/uk/crime/royal-marine-sgt-alexander-blackman-jailed-for-life-for-the-murder-of-afghan-insurgent-8988983.html
R. v. Sergeant Alexander Wayne Blackman Bulford Military Court 6 December 2013 https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Judgments/r-v-blackman-marine-a-sentencing+remarks.pdf 25 November 2014
R -v- Marines A, B and C Bulford Military Court 28 October 2013 https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Judgments/131028-ruling-release-dvd.pdf 19 September 2014
R. v. Marines A, B, C, D & E Court Martial Appeal Court and Divisional Court of The Queen's Bench Division 5 December 2013 http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/marine-a-order.pdf%7Caccessdate%3D 25 November 2014 https://web.archive.org/web/20131217012516/http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/marine-a-order.pdf%7Caccessdate%3D 17 December 2013 dead
19 December 2013 24 November 2014 R -v- Marines A, B, C, D & E http://www.judiciary.gov.uk/judgments/r-v-marines-a-b-c-d-e/ Court Martial Appeal Court https://web.archive.org/web/20170220093537/https://www.judiciary.gov.uk/judgments/r-v-marines-a-b-c-d-e/ dead
Press Association Press Association 19 December 2013 https://www.theguardian.com/uk-news/2013/dec/19/court-names-royal-marines-acquitted-afghan-murder 19 December 2013 The Guardian Court names Royal Marines acquitted of Afghan insurgent's murder 20 December 2013 https://web.archive.org/web/20131220121758/http://www.theguardian.com/uk-news/2013/dec/19/court-names-royal-marines-acquitted-afghan-murder
Marines A & Ors v Guardian News and Media & Other Media EWCA Crim 2013 2367 5 December 2013 Court Martial Appeal Court England and Wales
R -v- Sergeant Alexander Wayne Blackman and Secretary of State for Defence EWCA Crim 2014 1029 22 May 2014 Courts Martial Appeal Court England and Wales
Chris Terrill Chris Terrill 9 April 2014 Marine 'A': Criminal or Casualty of War? Television production https://www.bbc.co.uk/programmes/b040mzfc 10 April 2014 BBC One
R v Marines A – E 24 November 2014 Court Martial 7 November 2012 http://www.judiciary.gov.uk/judgments/order-anonymity-marines-a-e-07112012 https://web.archive.org/web/20171113050644/https://www.judiciary.gov.uk/judgments/order-anonymity-marines-a-e-07112012/ dead
External links
R -v- Sergeant Alexander Wayne Blackman and Secretary of State for Defence https://web.archive.org/web/20160315023709/https://www.judiciary.gov.uk/judgments/r-v-sergeant-alexander-wayne-blackman-and-secretary-of-state-for-defence/ 15 March 2016 , Courts Martial Appeal Court, 22 May 2014
R -v- Marines A, B, C, D & E https://web.archive.org/web/20170220093537/https://www.judiciary.gov.uk/judgments/r-v-marines-a-b-c-d-e/ 20 February 2017 , Court Martial Appeal Court and Divisional Court of The Queen's Bench Division, 19 December 2013
R -v- Marines A, B, C, D & E https://web.archive.org/web/20160417123123/https://www.judiciary.gov.uk/judgments/r-v-marines-a-b-c-d-e-2/ 17 April 2016 , Court Martial Appeal Court and Divisional Court of The Queen's Bench Division, 17 December 2013
R -v- Sergeant Alexander Wayne Blackman https://web.archive.org/web/20160316162158/https://www.judiciary.gov.uk/judgments/r-v-sergeant-blackman/ 16 March 2016 , sentencing remarks of HHJ Jeff Blackett, Judge Advocate General, 6 December 2013
R -v- Marines A, B, C, D & E https://web.archive.org/web/20160420115150/https://www.judiciary.gov.uk/judgments/r-v-marines-a-b-c-d-e-3/ 20 April 2016 , Court Martial Appeal Court and Divisional Court of The Queen's Bench Division, 5 December 2013
R -v- Marines A, B and C https://web.archive.org/web/20160316162826/https://www.judiciary.gov.uk/judgments/r-v-marines-abc-081113/ 16 March 2016 , Bulford Military Court Centre, 8 November 2013
R -v- Marines A, B and C https://web.archive.org/web/20170104164916/https://www.judiciary.gov.uk/judgments/r-v-marines-abc-281013/ 4 January 2017 , Bulford Military Court Centre, 28 October 2013
R -v- Marines A – E https://web.archive.org/web/20171113050644/https://www.judiciary.gov.uk/judgments/order-anonymity-marines-a-e-07112012/ 13 November 2017 , ruling by the Judge Advocate General, 7 November 2012
Category:2011 crimes in Afghanistan
Category:2010s trials
2011 killing
Category:Events that led to courts-martial
Category:Extrajudicial killings in Asia
Category:History of the Royal Marines
Category:Crime in Helmand Province
Category:Role of the United Kingdom in the War in Afghanistan (2001–2021)
Category:September 2011 crimes in Asia
Category:September 2011 in Afghanistan
Category:British war crimes in Afghanistan
Category:War in Afghanistan (2001–2021) casualties
Category:2011 in the War in Afghanistan (2001–2021)
Category:Manslaughter in the United Kingdom
Category:Murder trials in the United Kingdom