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EU:Families of British soldiers killed in action CAN sue ministers using human rights laws
DailyMail.com ^ | 19th May 2009 | David Williams

Posted on 05/19/2009 3:51:05 AM PDT by yankeedame

Families of British soldiers killed in action CAN sue ministers using human rights laws

...British soldiers must have their human rights protected at all times - even when operating in the heat of battle in Afghanistan and Iraq - three Appeal judges ruled yesterday.

The historic and controversial judgment followed the tragedy of Territorial Army private Jason Smith, who died of heatstroke in southern Iraq in 2003.

It could open the floodgates for lawsuits by the families of troops killed or injured abroad because they were sent into conflict without the right equipment.

...military experts warned that it could lead officers to avoid taking action during battle because of the risk of being sued.

Major General Julian Thompson,...said: 'Taken to its ridiculous logical conclusion, you could find officers telling troops not to take up a position because someone might get killed, and instead sitting tight and doing nothing.

'War is not a one-sided performance and the Taliban are not going to give our troops their human rights.

'The enemy is trying to kill us and we must do everything to stop that and achieve our aims in battle. If somebody makes a decision in good faith, we cannot just allow them to be sued.'

The Ministry of Defence had challenged a High Court ruling last year that soldiers or their families could in certain circumstances bring an action under the Human Rights Act and European Convention on Human Rights. It argued unsuccessfully during the appeal that in 'the heat of battle during dynamic and fast-moving military operations on foreign territory', UK commanders could not secure the freedoms protected by the Human Rights Act....

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Culture/Society; News/Current Events; United Kingdom; War on Terror
KEYWORDS:

1 posted on 05/19/2009 3:51:06 AM PDT by yankeedame
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To: yankeedame

Well, that’s the end of the British Army.


2 posted on 05/19/2009 3:52:15 AM PDT by Virginia Ridgerunner (Sarah Palin is a smart missile aimed at the heart of the left!)
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To: yankeedame

Ridiculous.


3 posted on 05/19/2009 3:55:06 AM PDT by FES0844
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To: yankeedame

500 years of a noble military heritage.

It’s all over for the Brits.


4 posted on 05/19/2009 3:55:27 AM PDT by angkor
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To: Virginia Ridgerunner
No doubt there's this three-judge panel in UK whose members work for AlQaida or the Taliban.

Just where do they find these guys ~ if Brown had any cojones he'd have these guys picked up and disposed of.

5 posted on 05/19/2009 4:09:03 AM PDT by muawiyah
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To: yankeedame
Stupid, stupid ruling.

The hardships endured by the 101st Airborne at Bastogne for the benefit of others are some of the most noble in history, but according to these judges, their "rights" were violated.

How many rounds of ammunition, how many pairs of socks, how many hot meals, how much clothing does a given soldier have to have before his "rights" are violated?

Did Montgomery violate the "rights" of the soldiers during Opertion Market Garden since, in hindsight, he couldn't deliver victory.

6 posted on 05/19/2009 4:17:07 AM PDT by libertylover (The problem with Obama is not that his skin is too black, it's that his ideas are too RED.)
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To: yankeedame

European liberalism and liberal internationalism, ftw.


7 posted on 05/19/2009 5:04:26 AM PDT by cranked
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To: libertylover
SAS men about to sue in North Africa....
8 posted on 05/19/2009 5:51:45 AM PDT by ltc8k6
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To: yankeedame
This ruling makes perfect sense. No commander should ever lose an engagement; if he is going to lose he should withdraw before the enemy can get to his men.

Just how one ever wins an engagement without perfect knowledge of the enemy's strength and disposition, of course, is left as an exercise for the student.

Aren't second guesses wonderful?


9 posted on 05/19/2009 8:01:27 AM PDT by conservatism_IS_compassion (The conceit of journalistic objectivity is profoundly subversive of democratic principle.)
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To: yankeedame

This is the sort of Euro liberal lunacy the ‘rats want SCOTUS to consider in their deliberations. Pretty soon the military will be dominated by union-type pansies dictating ever more stringent limitations for the battlefield “workplace.”


10 posted on 05/19/2009 8:20:36 AM PDT by citizen (Fascism: All persons, capital & activities exist to support the will & best interests of the State.)
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To: yankeedame

Words fail me.


11 posted on 05/19/2009 8:23:06 AM PDT by alarm rider (Any country that tells you what light bulb to use is not a free country.)
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To: yankeedame

Utterly stupid decision.


12 posted on 05/19/2009 11:19:09 AM PDT by Robert DeLong (u)
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