The men, both from 16 Air Assault Brigade, have been sent home and face up to two years in jail for disobeying orders. Their comrades have been locked in heavy fighting in southern Iraq.

The men, a private and an air technician, told their commanding officers they could not fight in a war that involved the deaths of innocent civilians.

They raised their objections earlier this month, after the brigade was deployed to Iraq. It is not known if they complained before hostilities broke out.

Justin Hugheston-Roberts, the chair of Forces Law, a nationwide group of lawyers for soldiers, confirmed the men had been sent home.

He said: “These cases are being handled by a very experienced lawyer. They raise serious issues as to the conscience of the individual over and above the necessity to obey lawful commands.”

Gilbert Blades, a lawyer from Lincoln, said the Ministry of Defence had kept the cases quiet because it feared a public relations disaster.

The men are expected to use human rights legislation to defend themselves. Blades said Article 10 of the European Convention on Human Rights allowed the soldiers to “express their genuine concerns about the wisdom of prosecuting the war against Iraq”.

A third serviceman, a reservist who refused to travel to the Gulf despite orders, may also face legal action.

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