The UK Ministry of Defence (the ‘MoD’) has announced plans to derogate or opt out of the European Convention on Human Rights (the ‘ECHR’) in future conflicts.
This presumption to derogate is a direct result of a series of lawsuits surrounding the actions of UK troops in Iraq and Afghanistan which has cost the MoD more that 100m due to litigation in the last decade. It is the belief of the MoD that the presumption to derogate will protect the Armed Forces from future false legal claims. According to Defence Secretary Michael Fallon, “[The UK] legal system has been abused to level false charges against our troops on an industrial scale, it has caused significant distress to people who risked their lives to protect us, it has cost the taxpayer millions and there is a real risk it will stop our armed forces doing their job”.
The ability to detract from authority in times of war or public emergency is permitted under Article 15 of the ECHR, however certain clauses such as the Right to Life and Prohibition of Torture are excluded from derogation.
This controversial decision has been criticized by several human rights groups. The MoD’s position is that the majority of these claims are in fact vexatious and are instituted not only without sufficient grounds, but only serve to cause annoyance. The ECtHR however, was put into place to hold individuals and governments accountable for their actions, specifically abuses and mistreatments on the battlefield. The MoD maintain that the ECHR undermines the effectiveness of the military by impeding on a soldier's ability to safeguard the lives of others under fear of scrutiny.
It is the assurance of the MoD that the Armed Forces will continue to be held to the “very highest standards”. The UK military, although derogated from ECHR, continues to be subject to the Law of Armed Conflict, the Geneva Conventions, and to UK Service law.
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