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
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David Lidington warned that Brussels institutions could be putting their own citizens at greater risk of attack.