THREE British soldiers were charged last night with the war crime of inhuman treatment of prisoners in Iraq. Another eight, including a highly decorated regimental colonel, are facing court martial over the deaths of two civilians.

Five of the soldiers were charged with manslaughter and the remaining six with other offences against Iraqis as Britain faced its first cases under new international war crimes laws. The charges will shock the British Army, a week after senior military figures raised fears about morale-sapping war crimes cases.

Colonel Jorge Mendonca, commanding officer of the Queen’s Lancashire Regiment in Basra, is charged with negligently performing a duty. If found guilty, he could be jailed for up to two years. Three soldiers from his regiment are accused of inhuman treatment of prisoners under the International Criminal Court Act 2001. They face up to 30 years in jail if found guilty.

Lord Goldsmith, the Attorney-General, said that the three men would not be tried at the International Criminal Court in the Hague but under martial law in Britain.

Colonel Mendonca, who was awarded the Distinguished Service Order in 2003, was in charge of the Queen’s Lancashire Regiment when a raid led to the arrest and death in custody of Baha Musa, 26.

Corporal Donald Payne, 34, of the Queen’s Lancashire Regiment, was charged with inhuman treatment and the manslaughter of Baha Musa on September 15, 2003; with perverting the course of justice; and with inhuman treatment of eight other named Iraqis. Lance Corporal Wayne Crowcroft, 21, and Private Darren Fallon, 22, of the same regiment, are charged with inhuman treatment of Iraqis.

Sergeant Kelvin Stacey, 28, also of the Queen’s Lancashire Regiment, faces a charge of assault causing actual bodily harm, alternatively common assault. Warrant Officer Mark Davies, 36, and Major Michael Peebles, 34, both of the Intelligence Corps in the same regiment, are charged with negligently performing their duties or neglecting to perform a duty.

Lord Goldsmith said that the Army Prosecuting Authority believed that the prosecutions were in the public interest.

In the second case, the authority directed that four servicemen should stand trial for the manslaughter of Ahmed Kareem, an Iraqi civilian, in Basra on May 8, 2003. It is alleged that they detained four suspected looters, including Mr Kareem. They are alleged to have punched and kicked the men before forcing them into the Shat al-Basra canal, where M r Kareem drowned.

The four soldiers are Sergeant Carle Selman, 38, of the Scots Guards; Guardsman Martin McGing, 21, and Guardsman Joseph McCleary, 23, both of the Irish Guards; and another unidentified soldier, who has yet to be told of the charge.

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