The United Kingdom holds a ‘no comment’ policy in relation to its Special Forces, meaning no external investigations can be made into their actions, nor can tribunals adjudicate on potential violations of human rights or humanitarian laws committed by UK Special Forces. In addition to this, a lack of transparency over internal oversight and accountability mechanisms, including investigations conducted by the Royal Military Police, raises concerns over their ability to operate independently and effectively. The UK’s current lack of external oversight and accountability framework for its Special Forces is singular among allies. In light of both shifts among allies towards strengthening their own external oversight and accountability mechanisms, as well as the emergence of credible allegations of violations of international law committed by UK Special Forces, the continued reliance on the blanket ‘no comment’ policy has led to significant criticism.

The principal objectives of this report are to (i) highlight concerns associated with the continued use of the ‘no comment’ policy held by the UK in relation to its Special Forces; and (ii) provide a series of evidence informed policy recommendations with a view towards strengthening the existing framework into one that promotes better oversight and accountability.