Research Briefing
Armed Forces: Legal Challenges and Derogation from the European Convention on Human Rights
On 24 November 2016, the House of Lords will debate the case for limiting the number and nature of claims against the Ministry of Defence (MoD) and UK armed services personnel arising out of future armed conflict abroad. On 4 October 2016, the Government announced that it would introduce a presumption to derogate from the European Convention on Human Rights (ECHR) in future conflicts in order to protect the armed forces from “persistent legal claims”. This briefing will focus on the Government’s recent proposals to derogate from the ECHR. It provides an overview of the legal framework for military operations, summarises some of the key legal claims that have been made against the armed forces, and outlines the work of the Iraq Historic Investigations Team (IHAT).