BRITISH troops could be prevented from carrying out vital missions after an explosive human rights ruling.

The Defence Secretary, Philip Hammond MP, said military commanders will be ‘living in fear’ of being prosecuted.

Mr Hammond believes our forces risk being reduced to Continental-style peacekeeping roles – which see some countries refuse to let their personnel go out after dark – after judges in Strasbourg at the European Court decreed that the European Convention on Human Rights (ECHR) applies on the battlefield.

The Defence Secretary is understood to be so furious at the Supreme Court ruling that he is considering demanding a revocation – and believes it strengthens the case for Britain quitting the ECHR. Mr Hammond said:

… We can’t have troop commanders living in fear of how lawyers back in London might interpret their battlefield decisions that are vital to protecting our national security.

… There could be serious implications for our ability to work with international partners not bound by the ECHR.

If the ECHR ruling applies to personnel on operations it is feared that commanders may be reluctant to make decisions in the field that will then be second-guessed by lawyers sitting behind a desk in London. Commanders will not want to be tied up by health and safety rules that prevent troops patrolling at night or only with certain items of equipment.

Families of some British soldiers killed or injured fighting in Iraq have been given the go-ahead to bring compensation claims against the Government.

A British Snatch Land Rover of the type used in Iraq and Afghanistan.

The Supreme Court has ruled that cases of troops killed while driving Land Rovers could be brought under the ‘right to life’ enshrined in article two of the ECHR. This potentially outlaws future deployment of troops with outdated equipment.

It also ruled that families of soldiers killed by ‘friendly fire’ from Challenger tanks could sue for negligence.

The mother of Private Phillip Hewett, 21, of Tamworth, Staffordshire, who died in July 2005 after a Snatch Land Rover was blown up, said it meant soldiers could no longer be treated as ‘sub-human with no rights.’

Conservative MP Dominic Raab, a lawyer, and who seeks reform of human rights law, said:

… The Supreme Court ruling will endanger our forces and undermine democratic accountability.

Colonel Richard Kemp, former head of British forces in Afghanistan, said:

… We cannot allow a constricting health and safety culture to creep in and prevent the vital job our soldiers do.

COMMENT 

Is it still a matter of great shame to Britain’s political class that, in Iraq and Afghanistan, soldiers were sent to fight and die without being properly equipped?

But, there is a dichotomy. While it is vital that ministers should be held to account, it’s impossible not to be alarmed by the Supreme Court’s ruling that soldiers in warzones should, for the first time, be given protection under the Human Rights Act.

Doubtless, the judges felt that giving soldiers and their families the right to sue the Ministry of Defence would focus the minds of the Government and Army on minimising risk.

On the face of it, it appears that they have failed to accord due weight to the fact that military commanders are regularly tasked with making instant life-or-death decisions. Any fear of future litigation which might cause them to hesitate for even a moment could have disastrous consequences.

What is more, if the Defence Budget is drained by fighting vexatious claims brought by city lawyers, there will inevitably be less to spend on equipment and training.

The great fear of Defence Secretary Philip Hammond is that the ruling could diminish Britain’s standing in the world, as our forces are reduced to that of a peacekeeping role. He understandably questions how we can continue to work side-by-side with our US allies, when they are not beholden to the same human rights edicts.