Speaking to Daybreak about the court battle between relatives of soldiers killed in Iraq, and the MoD, Army Captain Patrick Hennessey said it "is right the most senior judges are making these decisions".
Families will today ask the UK's senior judges to rule that they can bring damages claims against the Government, under the human rights legislation.
He added that the questions being asked this week were "complicated and profound".
Our thoughts remain with Corporal Stephen Allbutt's family and friends. When compensation claims are received they are considered on a legal liability basis, when such a liability exists compensation will be paid. It would be inappropriate to comment further during this ongoing legal proceeding.
A panel of justices would analyse three central legal issues, according to a Supreme Court spokesman:
Whether British soldiers killed during military operations abroad were within the jurisdiction of the UK for the purposes of Article 1 - which protects the right to life - of the European Convention on Human Rights (ECHR)
Whether the MoD owed a duty to the deceased soldiers pursuant to Article 2 - which imposes a duty on authorities to protect the right to life by law - of the ECHR
Whether complaints of negligence are covered by the doctrine of combat immunity and whether it would be fair to impose a duty of care on the MoD