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".
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The youngsters have been split up with some placed into foster care, others put up for adoption and some staying with relatives.