The British public "expects" its soldiers to be properly equipped before going into battle and legal cases against the military come about because the MoD has failed to prepare them, a human rights lawyer has told Daybreak.
Gene Matthews said soldiers "should be able to take the steps that are needed" to win, but emphasised the military had a responsibility to make sure the armed forces were using the right equipment.
Mr Matthews was speaking after an influential think tank warned British military operations could be undermined by human rights laws and health and safety red tape.
However, report author Tom Tugendhat said his investigation had been about protecting vulnerable young men in the battlefield.
"Young men, who are going through really difficult decisions, minute after minute, hour after hour...should they be second guessed by a European court in Strasbourg, five, ten years from now?"
Claims the military will be "paralysed" by legal challenges come from a "biased report" which has not properly questioned everyone involved, a leading law firm has claimed.
Senior partner Martyn Day from law firm Leigh Day, which has fought many high profile cases against the MoD, said Policy Exchange's report was "written with the full co-operation of the MoD" but had not consulted his clients.
The report states the customs and practices of Britain's armed forces are now under threat from the law. We would argue that it is the breaking of these laws which is the greatest threat to those who 'risk all for their country'.
This includes not training or equipping soldiers adequately before putting service personnel into a combat zone.
We find it very disconcerting that the Government of law and order seem so intent on desecrating the legal system, ignoring the safeguards the law provides for all individuals and continues to act unlawfully through its many departments including the MoD.