Johnny Mercer, the UK’s Minister for Veterans’ Affairs, is under legal pressure and faces the possibility of jail time for his refusal to name whistleblowers. These individuals had approached him with concerns regarding the alleged extrajudicial killings of Afghans by members of the British special forces.
The whistleblowers in question are not suspects but are considered vulnerable witnesses who Mercer believes deserve protection. These sources, having confided in Mercer about seven years ago, were assured of confidentiality regarding their identities. However, their testimony is critical for the inquiry into the unlawful killing of Afghans, which investigates claims of extrajudicial executions carried out between 2010 and 2013, a period marked by heightened British military activity in Afghanistan.
Mercer’s refusal has led to a stern warning from Lord Justice Haddon-Cave, who emphasized that such non-cooperation is “completely unacceptable” and likened it to an omertà —a code of silence that hinders justice. The inquiry has made it clear that Mercer’s actions not only obstruct the investigation but also carry severe legal implications, including the risk of imprisonment or a fine under the Inquiries Act 2005.
Mercer, a former Army captain with service experience in Afghanistan, has expressed his disillusionment with the system’s ability to address these issues, citing a lack of faith in the investigative process. Despite his 19-page written statement to the inquiry and verbal testimony, he has remained resolute in not divulging his sources, fearing repercussions for those who came forward.
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