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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 Defence Secretary Philip Hammond has welcomed a report which warns about the potential "paralysing" consequences of human rights legal claims on the armed forces.
Mr Hammond admitted he was "concerned" about recent court judgments which could make it "more difficult" to carry out operations.
He said: "I remain concerned about the challenge to combat immunity arising from recent court judgments.
"These could make it more difficult for our troops to carry out operations in the future, and they potentially throw open a wide range of military decisions to the uncertainty of litigation.
"It cannot be right that troops on operations have to put the European Convention on Human Rights ahead of what is operationally vital to protect our national security."
British military operations risk being undermined by human rights laws and health and safety red tape applying to troops in the field, an influential think tank has warned.
A report by Policy Exchange said the Ministry of Defence faced 5,827 claims in 2012/14 with lawyers costing £36 million a year.
It also claims Britain's enemies could view the courtroom as a new front in any future conflict as a way of "paralysing" the armed forces.
"It may not be long before either a foreign power or sub-state forces might begin to sponsor legal actions as a way of paralysing the armed forces through legal process."