판결 이유
The UK's human rights obligations under Article 2 ECHR can apply to the deaths of soldiers in combat zones, though the operational context will be highly relevant to the assessment of what was required.
사실관계
Several soldiers were killed or injured in Iraq due to inadequate equipment (Snatch Land Rovers) and alleged failures in training and procedures. Their families brought claims arguing the Ministry of Defence had breached its positive obligations under Article 2 ECHR.
판결 요약
The Supreme Court held that Article 2 could apply to soldiers on active service, rejecting the Government's argument that combat was entirely outside the scope of human rights law. However, the court emphasised that in assessing compliance with Article 2, significant allowance must be made for the operational and resource constraints inherent in military operations.
주요 인용문
"The application of Article 2 to military operations requires an approach that allows appropriate weight to be given to the operational context and to the difficult decisions that commanding officers must make."
— Lord Hope
후속 처리
Led to extensive litigation regarding military equipment decisions.
Shaped the framework for subsequent inquests into military deaths.