The Prime Minister and Defence Secretary are set to announce plans for the UK military to opt out of the European Convention on Human Rights (ECHR) during future conflicts, aiming to curb what Theresa May described as an 'industry of vexatious claims' against soldiers. The announcement will be made at the Conservative party conference on Tuesday.
Michael Fallon, the Defence Secretary, said the legal system had been 'abused to level false charges against our troops on an industrial scale,' causing distress and costing taxpayers millions. The government argues that litigation has cost the Ministry of Defence more than £100m since 2004, partly due to the extension of ECHR jurisdiction to conflict zones.
Derogation from the ECHR is permitted under Council of Europe rules during war or public emergency, but certain rights, such as the prohibition of torture, remain in place. The UK has previously derogated during the Troubles in Northern Ireland, and other nations like Ukraine, France, and Turkey have also taken similar steps.
Human rights groups have criticised the proposal. Martha Spurrier, director of Liberty, argued that most claims were not vexatious and that derogation would protect only those with something to hide. She warned it would make the UK a 'hypocrite on the international stage' and embolden enemies.
Former military legal adviser Rev Nicholas Mercer also attacked the government's narrative, stating that the MoD had already paid £20m in compensation for abuse in Iraq, and that the idea claims were largely spurious was 'nonsense'.
