Lawyers have criticised plans to introduce a presumption to derogate from the European Convention on Human Rights (ECHR) in future conflicts.
The prime minister and the defence secretary vowed this week to “protect our Armed Forces from persistent legal claims”. They said a series of court judgments over the past decade have extended the extra-territorial jurisdiction of the ECHR to the battlefield.
However, Martha Spurrier, director of Liberty, said derogation would “leave abuse victims unprotected and our troops powerless when the state fails to keep them safe from harm”.
Law Society president Robert Bourns said genuine claims could be put at risk, including those brought by soldiers against the Ministry of Defence.
The Geneva Conventions on armed conflict, service law and criminal law would continue to apply.
Public Interest Lawyers, which brought thousands of claims against the Armed Forces, closed after the Legal Aid Agency terminated its contract in August, citing breach of contractual requirements.
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