British Armed Forces Could Be Given Immunity From Human Rights Laws

Philip Hammond, the Secretary of State for Defence Photo: Andrew Crowley for the Telegraph

Philip Hammond says he is prepared to introduce new powers to exempt armed forces from human rights laws which are hampering military operations 

The armed forces could be exempted from human rights laws because they are hampering British military operations in the field, Philip Hammond has said.

Mr Hammond said the government is prepared to introduce new legislation to protect the army from the "encroachment" of civil litigation on the battlefield.

His comments came amid concerns about the growing number of civil cases being brought against the Ministry of Defence.

Last year the Supreme Court ruled that damages claims could be launched by the families of soldiers killed in Iraq under human rights legislation.

A recent report by Policy Exchange found that the MoD has faced 5,827 claims since 2012, with litigation costing the ministry £36m a year. 

In the Commons yesterday, one MP warned that the "pernicious" human rights culture could lead to soldiers being barred from going out after dark.

Mr Hammond responded: "There are a number of cases currently before the courts or pending which could have a significant impact and we are watching them very closely.

"Once we commit our armed forces to combat they have to be able to carry out operations without fear of constant review in the civil courts.

"If we do find that the current cases develop in such a way that makes that difficult we will come back to the house with proposals to remedy the situation."

The report by Policy Exchange, published in October, found that recent judicial rulings showed a misunderstanding of how the armed forces work and were placing “impossible” bureaucratic burdens on troops.

The study warned a foreign power could in the future sponsor damage claims in order to paralyse the British armed forces through legal process.

Laura Croft, a military lawyer and retired US Army lieutenant colonel, who co-wrote the report, said: “[These rulings] are placing impossible burdens on the bureaucracy of military operations.

“By setting precedents which can barely be satisfied in today's limited conflicts the courts risk paralysing themselves and the military in a war of national survival.

“The paperwork alone would simply overwhelm the MoD even if the findings of the eventual inquiries ascribed no blame.” 

(Steven Swinford)