Lord Hermer’s Revelations: Eroding Trust and Endangering Recruitment and Retention in Britain’s Elite Forces

The recent revelations published by The Daily Telegraph have cast a long shadow over the United Kingdom’s armed forces. Lord Richard Hermer, the Attorney General, has been exposed as a central figure in what veterans describe as a decade-long “witch hunt” against British troops. Documents obtained by the newspaper reveal that, as a barrister in 2008, Hermer acted as lead counsel in civil claims against the Ministry of Defence. These claims, brought on behalf of Iraqi nationals following the Battle of Danny Boy in 2004, alleged murder and torture by UK soldiers. Despite internal warnings that many of the accusations were fabricated – later confirmed as “deliberate lies” by the Al-Sweady Inquiry - Hermer pressed ahead, even discussing media strategies that allowed “wriggle room” if the killings had not occurred.

Such disclosures are not merely historical. They strike at the heart of current concerns about recruitment and retention, particularly within elite units such as the Special Air Service (SAS) and Special Boat Service (SBS). Serving and former personnel now question whether the government will stand behind those asked to operate in the most dangerous environments. The result, according to multiple sources, is an accelerating exodus from Britain’s most capable special forces.

The Daily Telegraph reported last month that soldiers from 22 SAS are resigning in significant numbers. At least two squadrons, including D and G, have been affected, with personnel applying for premature voluntary release. The reasons are clear: fear of protracted legal scrutiny for actions taken in combat. Investigations into operations in Afghanistan, Syria and Northern Ireland continue, with 242 probes ongoing - more than 120 involving serving troops - at an estimated cost of £1 million per month. A former regimental sergeant major of 22 SAS, George Simm, put the sentiment bluntly: if a soldier discharges his weapon, “he is almost certainly going to get a knock at their door one day.”

This is no abstract anxiety. Special forces personnel undertake missions that demand split-second decisions under extreme pressure. Covert operations, hostage rescues and counter-terrorist strikes often occur far from oversight. The prospect of retrospective human-rights litigation, extending the European Convention on Human Rights to overseas battlefields, creates a chilling effect. Elite units already select from a tiny pool: only a fraction of a percent of those who enlist possess the physical, mental and psychological attributes required. Training each successful candidate costs hundreds of thousands of pounds and takes years. When even a handful leave early, the loss to capability is disproportionate and irreplaceable.

The SBS faces parallel pressures. Although less prominently reported, the same culture of legal risk applies to maritime special operations. Sailors and marines in the SBS conduct high-risk insertions and raids where rules of engagement are tested daily. The revelations have reinforced a widespread perception that no level of operational justification will shield them from future claims. Recruitment pipelines for both SAS and SBS rely on serving soldiers volunteering after proving themselves in regular units. If confidence in legal protection collapses, the flow of high-calibre candidates will dry up.

Broader armed forces recruitment and retention already stand at precarious levels. The Army, Royal Navy and Royal Air Force have struggled for years to meet targets. Recent ministerial statements acknowledge inherited shortfalls, yet the government’s response has focused on administrative streamlining rather than addressing deeper cultural concerns. The Hermer affair exacerbates this. Veterans and serving personnel watch as a senior legal adviser - now responsible for advising ministers on military law - is linked to past pursuits of troops later exonerated. Former SAS commanders have spoken with unusual candour. Lieutenant Colonel Richard Williams, who led 22 SAS, described Hermer’s actions as part of an “ideologically motivated” campaign to persecute soldiers “not because they broke any law, but to serve some twisted anti-military, anti-British agenda.” Colonel David White echoed the view that Labour had reached “a new low.” Both called for Hermer to resign, arguing he is unfit even to oversee legislation such as the Troubles bill.

The practical consequences extend beyond numbers on a spreadsheet. Morale within special forces is reported to be under strain. Operational effectiveness depends on trust: trust that commanders will support decisions made in the fog of war, and trust that the government will defend those who risk their lives on its behalf. When that trust erodes, risk aversion creeps in. Elite operators may hesitate where boldness is required, or simply choose not to re-enlist. The United Kingdom’s ability to project power, conduct counter-terrorism and support allies – including through joint operations with the United States – is directly undermined.

Critics rightly note that human rights have a place in modern warfare. No one advocates impunity for genuine wrongdoing. Yet the pattern revealed by The Daily Telegraph suggests something more systemic: a legal framework that prioritises retrospective accountability over operational necessity. The extension of civilian-style human-rights law to the battlefield, championed in part by figures now in senior government positions, has created a lucrative industry for claims and inquiries. Taxpayers have funded years of investigations that ultimately cleared the vast majority of accused personnel.

Restoring confidence demands concrete steps. First, the government must clarify the legal protections afforded to service personnel acting within rules of engagement. Legislation similar to the Overseas Operations Act - previously criticised but now urgently needed in strengthened form - could impose time limits on historic claims absent compelling new evidence. Second, the Ministry of Defence should accelerate reviews of ongoing investigations, ensuring resources focus on genuine cases rather than vexatious ones. Third, ministers must engage directly with special forces leadership to rebuild trust, perhaps through enhanced welfare and legal support packages for those facing inquiries.

The armed forces do not exist in a vacuum. They reflect society’s willingness to defend itself. Young men and women considering a career in the SAS or SBS - or even conventional units that feed into them - watch these stories closely. They ask whether Britain values its warriors or views them as potential defendants. The Hermer revelations risk answering that question in the negative.

Britain faces a complex strategic environment: resurgent threats from state actors, persistent terrorism and the need for agile special operations. Elite units remain the sharp end of the spear. Their recruitment and retention are not optional extras but foundational to national security. If the government fails to address the damage now evident, the consequences will be measured not in political embarrassment but in diminished capability and, ultimately, in lives.