Smith v Ministry of Defence. 2013


This case is about the deaths and injuries sustained by British soldiers serving in Iraq


The plaintiffs said the Mo D failed in its obligation to protect the lives of the soldiers. The M o D should have furnished them with decent equipment and training. Some of these men suffered friendly fire. Their vehivles were inadequate

The M o D said their was combat immunity. The Mo D cannot be expected tot ake care of the lives of soldiers when they are engaged in fighting. That would place an impossible burden on the M o D. Soldiers in a combat zone have to expect to be killed

combat immunity was upheld as a doctrine but only applies to the combat stage and not to planning and procurement

The soldiers have a right to life. The court said that the M o D must uphold this but only in a manner that is proportionate. The court will not impose something too onerous on the M o D


About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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