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Brit Families Can Sue Over Soldier Deaths

Court: Troops protected by human rights law, even on battlefield

By Matt Cantor,  Newser Staff

Posted May 19, 2009 8:22 AM CDT

(Newser) – A British court has ruled that defense heads can be sued for neglecting soldiers’ human rights—meaning decisions made on the battlefield could be subject to litigation, the Times of London reports. The ruling stemmed from an inquest into the heatstroke death of a soldier due to what the coroner called a “failure to recognize and take appropriate steps to address the difficulty that he had in adjusting to the climate."

The former head of the Army said the ruling was “potentially very dangerous and could damage operational effectiveness because commanding officers will be concerned that they run the risk of being taken to court over decisions they have had to make.”

A British soldier holds a small child as an army piper performs during a handover ceremony in Basra, Iraq, March 31, 2009.
A British soldier holds a small child as an army piper performs during a handover ceremony in Basra, Iraq, March 31, 2009.   (AP Photo/Nabil al-Jurani)
A British army soldier walks past Iraqi army tanks during a training mission in Latifiyah, 20 miles south of Baghdad, Iraq, Monday, May 11, 2009.
A British army soldier walks past Iraqi army tanks during a training mission in Latifiyah, 20 miles south of Baghdad, Iraq, Monday, May 11, 2009.   (AP Photo/Hadi Mizban)
A British soldier kisses the flag of Great Britain during a handover ceremony in Basra, Iraq, March 31, 2009.
A British soldier kisses the flag of Great Britain during a handover ceremony in Basra, Iraq, March 31, 2009.   (AP Photo/Nabil al-Jurani)
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