Theresa May’s Attempt to Shield British Soldiers Gets the Law Very (Very) Wrong

By Tara Van Ho

 

UK Prime Minister Theresa May and defense secretary Michael Fallon announced Tuesday a plan to limit the UK’s human rights obligations in future conflicts. According to The Guardian:

 

May said the change would “put an end to the industry of vexatious claims that has pursued those who served in previous conflicts”. It would be implemented by introducing a “presumption to derogate” from the ECHR in warfare. 

The plan raises two issues I wish to touch upon briefly here. The first is the question of whether there can be a presumption of derogation. The second is whether the derogation would actually limit the UK’s relevant human rights obligations – or its ability to fight war appropriately.

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