SAS future in peril over endless ‘lawfare’, warns special forces chief

The future of the SAS is in peril as its “biggest and most dangerous battles” are now being fought at home, the head of the association that represents the elite soldiers has warned. Brigadier Ed Butler, a former commanding officer of 22 SAS, said that endless “lawfare” and investigations over combat killings, as well as scandals surrounding overseas missions, were “taking a huge toll on operatives and their families”. Most commented 1 Russian strikes ‘leave half a million Ukrainian homes without power’ Russia-Ukraine war 387 comments 2 ‘We’re 34 — we can’t wait to start being landlords’ Property & Home 77 comments 3 The beauty expert’s all-time favourite hair products Beauty 19 comments Butler, now the president of the SAS Regimental Association, told The Times that members were being forced to “deeply question their duty to the Ministry of Defence and their very raison d’être”. War and peace newsletter Tom Newton-Dunn’s concise guide to global conflict – with reasons for optimism. Sign up with one click You’ve successfully signed up to the War and peace newsletter Explore our newsletters An error occurred. Please use the link below. War and peace newsletter Explore our newsletters He said: “The future is at risk if our licence to operate effectively is removed. Every day the SAS are working to foil terror attacks the public don’t even hear about. Losing SAS capabilities is a direct threat to national security.” Top stories 1 Clodagh McKenna: I always get up at 6am on holiday. I love the calm Inspiration 2 16 of the best safaris in Africa Africa 3 13 of the best affordable hotels in New York New York City 4 The Marylebone pop-up for Christmas-maxxers LUXX 5 The best luxury gifts for Christmas 2026 LUXX One serving special forces operative, who cannot be named for security reasons, said that SAS troops were reflecting on how the unit’s founding fathers would respond to the modern homegrown threats. Advertisement The soldier said: “If we look back to the inception of the regiment and the risks Paddy Mayne and David Stirling took, many of us are asking what they would do today in this current situation. They would not sit back and say or do nothing in the face of injustice. Who dares wins.” Butler is now president of the SAS Regimental Association Paul Read The interventions come after an investigation by The Sunday Times Insight team revealed that SAS soldiers pursuing terrorists in Syria were arrested on suspicion of murder and faced an unprecedented three-year criminal investigation. The troops, whose homes were raided by the Royal Military Police, were cleared but with the caveat that the case could be reopened at any time. Top stories 1 The ten companies fund managers think will make them billions Saving & Investing 2 ‘Mum is dating a fraudster. What can I do?’ Family Finances 3 Prepare now for the inheritance tax mess coming for your pension Tax It is the latest incident to have plunged the closely knit special forces community into difficulty. Veterans who served in Northern Ireland say they are being dragged through courts as the government tries to deal with legacy cases from the Troubles. There is also growing concern about the impact of the Haddon-Cave inquiry into alleged unlawful killings by the SAS in Afghanistan. Troops in Afghanistan Massoud Hossaini/PA Butler, who was accused of murder in 2012 over his work in Northern Ireland before a court threw the case out, said that “continued lawfare” was affecting recruitment and retention. “It damages morale, their mental wellbeing and requires them to have extra resilience to continue doing a job where their lives are at risk on every mission,” he said. Advertisement There are concerns that elite troops may hesitate to pull the trigger while on operations, or may not want to take part in the first place, to avoid Syria-style investigations. The SAS Regimental Association said that it was looking at “all legal avenues of redress” to support its members. Veterans say they are being dragged through the courts over cases from the Troubles in Northern Ireland Alamy Butler said: “When your right to self-defence is being questioned, when you are operating within the rules of engagement and facing the most dangerous terrorists and extremists, what would you do? Special forces are under attack as they are the tip of the spear and the ones sent on the high-risk missions.” Soldiers now had to handle “the enemy in front and the lawyer behind”, he said, adding: “Ironically, the battle they are fighting at home is their biggest battle, most dangerous and a battle that currently has no end.” Last week Labour announced changes to its Troubles bill , which it claimed would better protect veterans from repeated investigations. Under the proposed measures, which were debated on Monday, the attorney-general must provide consent for any “serious” prosecutions related to violence in Northern Ireland. Ministers have also stressed that there would now “be no duplication of previous investigative processes unless it is essential” and that “witnesses cannot be contacted unless it has been clearly demonstrated that there is compelling new evidence”. Advertisement However, Butler said: “The Northern Ireland Bill and the government amendments will do nothing to prevent Operation Banner veterans from repeat investigations and new meritless cases commencing. We will fight back against this bill, which is not fit for purpose.” The Liberal Democrat MP Mike Martin, a former British officer who served in Afghanistan, voted against the amended bill, arguing that it was unfair for new standards to be applied retrospectively. He said: “Those men and women who served during the Troubles made split-second decisions, under the orders and rules of engagement at the same time, in conditions most of us cannot imagine. “The legal principle on the use of force has not changed. British soldiers in Northern Ireland back then were guided by the same principle that guided me and my colleagues in Afghanistan. However, rules and standards have shifted since then, and nobody should be judged on rules that did not exist when they served. That is not fair.” The Ministry of Defence said: “Our personnel are respected worldwide for their professionalism and dedication, and they make extraordinary sacrifices in defence of the nation. Advertisement “They are also entitled to expect that any investigation is conducted fairly and professionally and rightly there are procedures in place for people to report concerns.”