Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog

Posted July 28th, 2014 in armed forces, duty of care, human rights, immunity, inquests, inquiries, Iraq, news by sally

‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’

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UK Human Rights Blog, 27th July 2014