Debate on 7 November: The Armed Forces and Legal Challenge
This Note looks at some of the issues raised by legal challenges to the Armed Forces.
In June 2013, the Supreme Court ruled that British servicemen deployed overseas could fall within UK jurisdiction for the purposes of the European Convention on Human Rights (ECHR). In October 2013, the Policy Exchange think tank published a report which argued that such “legal mission creep” could “paralyse the effectiveness of the military”. This Note looks at some of the issues raised. It examines both the obligations of UK armed forces deployed overseas to local civilians and the Government’s obligations to members of the armed forces, particularly regarding the extraterritorial application of the ECHR. It also considers the prospects for change in the legal frameworks that apply to the military, including the possibility of derogation from the ECHR.