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Families' MoD court battle

Relatives of soldiers killed in Iraq will today ask the UK's senior judges to rule that they can bring damages claims against the Government, under the human rights legislation.

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Three legal issues considered over soldiers' deaths

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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