Life and the law

THE case of Private Jason Smith represented a watershed moment in the long history of the Armed Forces. The wrong decision would have changed the nature of military engagement forever but, in quashing the ruling that British soldiers are protected even on the battlefield by human rights laws, the Supreme Court found on the side of common sense.

Of course, the case of Pte Smith, who was deployed in Iraq in June 2003 and later died, having repeatedly told medical staff he was feeling unwell, was shocking and tragic. As such, there is value in looking at it again, in the form of a new inquest – as extraordinary as that may be – because not all the circumstances around the soldier's death have emerged.

That is very different, however, from extending human rights protection to the battlefield. This would have been a step too far and, as the judges recognised, would not have reflected the immense physical strains, as well as the enemy threat, which troops routinely face in a theatre of war.

All of the Armed Forces must take every care to protect the Britons, often very young, who choose to serve. These are all brave individuals who have put their faith in the high command to protect them as best they can.

Exposing senior officers, or the Ministry of Defence, to the threat of legal action, however, would have undermined decision-making and morale. Choices made amid the heat and horror of battle should not end up being dissected under the auspices of European human rights law.