Families of soldiers killed in Iraq can bring claim against UK government

Soldiers abroad are protected by human rights legislation, says supreme court in case of men killed when poorly armoured vehicles were bombed

Soldiers going into battle abroad are protected by human rights legislation, the supreme court has ruled in a landmark judgment.

The decision by the UK’s highest court will have far-reaching implications for the way the Ministry of Defence must care for troops and conducts future military campaigns.

Cases were brought by the families of three men killed in Iraq when their poorly armoured Snatch Land Rovers were destroyed by roadside bombs.

Lee Ellis, Phillip Hewett and Kirk Redpath died as a result of such attacks between 2005 and 2007.

Other claims were bought by the families of those killed and injured in a Challenger tank as a result of a friendly fire incident.

The supreme court considered several issues including:

• Whether British soldiers killed during military operations abroad were, at the time of their deaths, within the jurisdiction of the United Kingdom for the purposes of Article 1 of the ECHR;

• Whether complaints of negligence are covered by the doctrine of combat immunity or whether it would fair, just and reasonable to impose a duty of care on the MOD in the …read more