Britain's Special Air Service is suffering an exodus of its most senior soldiers due to 'decades of lawfare' it was revealed on Monday.
Conservative MP Sir David Davis, who has launched a parliamentary bid to stem the tide, said leading Special Air Service (SAS) troops were signing off due to persecution from lawyers which he warned would 'compromise' the UK's national security.
He cited the recent resignations of eight Warrant Officers, each with decades of experience, as 'a huge loss to Special Forces'.
One of the SAS's four 'sabre squadrons' is also known to be severely undermanned due to senior soldiers leaving the regiment. The exact number of those who left cannot be disclosed for security reasons.
Sir David, a former SAS reservist, claimed that troops in the special forces unit are becoming 'more risk averse' on the battlefield due to the threat of legal claims years later.
'In recent conflicts we have won the war but lost the law. The effect is felt worst by Special Forces soldiers,' Sir David said.
He added: 'They are resigning over this issue. So we must be more robust about pushing back against human rights law. Otherwise we will compromise UK and international security.
'The UK provides eight Special Forces squadrons, so does the US. So this country accounts for half the world's premier 'SF' capability.
SAS soldiers conducting secret operations in the Middle East - troops are citing constant legal persecution as a reason for requesting discharge from the Hereford-based regiment
'Soldiers are saying to their officers 'Do I need my lawyer with me?' Before they deploy. The problem is making our most elite units more risk-averse.'
His comments come as Sir David prepares to table the Military Operations Bill in Parliament, which if passed would put time limits on investigations and demand 'public-interest and compelling-evidence thresholds' before soldiers are hauled into probes over their conduct.
The Mail's Stop the SAS Betrayal campaign has raised the profile of this issue, highlighting historical cases in Northern Ireland from the Troubles era.
The special forces unit also remains under the microscope at the High Court due to the ongoing Independent Inquiry Relating to Afghanistan, which is examining claims that its soldiers executed Taliban suspects while they were in UK custody.
The Bill would ensure that soldiers operating in wartime are not subjected to laws written to cover peacetime scenarios.
Its central premise is to distinguish between genuine wrongdoing and legal processes that risk becoming detached from operational reality.
Key provisions of the Bill also include direct ministerial authorisation of force, designed to curtail lawfare against soldiers, by establishing a panel of military experts to determine cases and provide enhanced support and safeguards for service personnel.
Senior ministers would also be required to sign off on operations, thereby ensuring accountability remains with the chain of command and with government rather than with the courts.
Personnel would be shielded from civil or criminal liability 'when acting in accordance with international humanitarian law [also known as the Law of Armed Conflict]'.
Coroners will be required to consult an Expert Military Panel in combat-related deaths, thereby protecting service personnel from self-incrimination and ensuring that inquiries remain focused on fact-finding rather than retrospective blame.
While the Bill only stands a slim chance of becoming law Sir David is said to be working with Conservative colleagues in a bid to ensure many of its clauses are adopted by the party as part of its manifesto at the next General Election.
Former SAS commanders contributed to the research upon which the prospective legislation is based. Those involved include Jamie Lowther Pinkerton, a close friend and mentor to Princes William and Harry.
The introduction of the Bill comes after the SAS Regimental Association (SASRA), which represents past and present members of the unit, criticised Labour's proposed Troubles Bill, which while designed to help bereaved families find answers about those who died during the Northern Ireland conflict has been accused of being 'not fit for purpose' amid worries it could reignite persecution of innocent soldiers.
The Ministry of Defence said: 'Our commitment to our service personnel and veterans is unshakable, and that will be clear in the forthcoming amendments package to the Troubles Bill, which builds on already existing protections, including safeguards from cold calling.
'This means that no veteran will face a knock on their door, and there will be protection from repeat investigations.
'The Troubles Bill will pave the way for all families in their search for the truth of what happened to their loved ones.'