Human rights and military operations at issue in Britain

Joshua Rozenberg

Joshua Rozenberg, the distinguished British legal commentator, has written this excellent Legal Cheek post explaining the current human rights cases arising from military operations. Excerpt:

In recent years, there has been a great deal of concern among the military and others about the encroachment of human rights onto the battlefield. I am not one of those who say the armed forces should lose their rights once they join the services or are deployed outside the UK. If anything, those who are willing to make the ultimate sacrifice deserve more rights rather than fewer. On the other hand, troops who are sent abroad in support of a foreign government need appropriate legal powers, including the power of arrest. While prisoners should have appropriate rights and be able to enforce them, it would be absurd if peacekeeping troops were required to allow dangerous terrorists to escape for fear that they might become involved in a human rights challenge.

Three big cases are pending. Watch for important rulings from the UK Supreme Court next year.