Congressman Pat Harrigan and Senator Joni Ernst called on April 29 for Congress to take action in response to what they describe as politically motivated prosecutions of special operations veterans from Australia and the United Kingdom. In an op-ed published in the New York Post, they urged Washington not to remain silent while these allied soldiers face retroactive legal proceedings related to battlefield decisions made over a decade ago.
The issue is important because these soldiers fought alongside American troops at the request of the United States. Harrigan and Ernst argue that prosecuting them after so many years undermines trust between allies and could affect future military cooperation.
In their joint op-ed, Harrigan and Ernst wrote: “We wouldn’t stand for this kind of weaponization against our own forces, so we shouldn’t stand mute as our allies prosecute the warriors who had our soldiers’ backs on the battlefield.” They continued, “Our resolution asks Congress to go on the record, formally, and declare that politically motivated and retrospective prosecutions of allied special operators damage the trust and interoperability that coalition warfare depends on.”
The lawmakers highlighted recent cases such as Australian authorities arresting Ben Roberts-Smith for alleged war crimes committed during operations in Afghanistan more than fifteen years ago—charges he has denied—and ongoing inquiries into Britain’s Special Air Service. According to their op-ed, these legal actions are causing experienced operators in both countries’ elite units to leave service out of concern their governments will not protect them.
Harrigan won his seat by defeating Ralph R. Scott, Jr., securing 57.5 percent of votes compared with Scott’s 38.2 percent according to election results.
Looking ahead, Harrigan and Ernst said they are pursuing legislation aimed at ensuring American special operators cannot be subjected to similar retroactive prosecution under current U.S. law. They concluded: “Our allies’ warriors have earned that from us — and, on behalf of the men and women who have backed our own soldiers on the battlefield, we owe them more than silence.”
