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However, the MoD has accepted that the military system has to be changed radically to bring it closer to civilian prosecution procedures. A new Armed Forces Bill which will lead to the creation of a tri-Service military prosecution authority — getting rid of the present single-service arrangement — is currently going through Parliament. A second reading is due in the Commons next week.

The acquittals yesterday followed an admission in court that the policy of “wetting” looters, forcing them into dykes and ditches as punishment, was a widespread and appeared to have been approved higher up the chain of command.

In a statement the MoD said: “Our soldiers are not above the law and must operate within strict legal guidelines at all times. The Army takes all allegations of failure to do so extremely seriously.

“It is only right and proper that they are fully investigated and, where appropriate, the evidence is tested in court. In this case that process is now complete and the soldiers are able to resume their military careers with the continuing support of the Army and their regiments.”

The MoD said its thoughts were with Mr Khareem’s family “at this very difficult time”.

Cheers erupted in court as the men were found not guilty. Jerry Hayes, counsel for Guardsman McGing, said after the case: “If ever there was a trial that should have been strangled at birth, it was this one. Three brave, decent young soldiers who sacrificed everything to free a ravaged people were hung out to dry. I sincerely hope the Attorney General reviews all pending cases to ensure that no British soldier is brought to trial on the flimsiest evidence.

The only substantial evidence against these men was the word of a self-confessed looter.”

There were tears as Guardsman McCleary shook the hand of Lieutenant-Colonel Michael O’Dwyer, commanding officer of the Irish Guards.

Guardsman McCleary said: “Justice was served. I am just glad it’s all over. It’s been heartbreaking. I haven’t been able to lead my life.”

He embraced Guardsman McGing, who left it to his fiancee, Kerry Hensman, to comment. Miss Hensman, 21, said: “It’s brilliant. It’s been terrible for the last three years. I never had any doubt about his innocence.”

Fadi Dauod, solicitor for Guardsman McGing, described it as “an ill-conceived case which should never have been prosecuted”.

He added: “The outcome is a complete vindication of a fine young man who has served his country admirably in a difficult environment without any proper training.”

Last night Haidar Mussawi, a leading Iraqi National Congress official, said: “The message people get from this is there is no respect for the lives of the Iraqi people.”

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