Prime Minister Sir Keir Starmer has been urged to take action to protect British troops from potential human rights prosecutions if they are deployed to Ukraine as part of a planned peacekeeping mission. Concerns have been raised that Russia could exploit Britain’s adherence to the European Convention on Human Rights (ECHR) to pursue legal cases against UK soldiers, undermining military morale and effectiveness.
James Cartlidge, the shadow defence secretary, has called on the government to consider temporarily suspending ECHR obligations for troops deployed in Ukraine. In a letter to Defence Secretary John Healey, Cartlidge referenced past legal challenges faced by British forces, particularly in Iraq, where numerous claims were made against military personnel.
“You will be aware that British troops who served in Iraq faced a large number of vexatious claims about their conduct,” Cartlidge wrote. “This has led to uncertainty among military personnel and veterans, who are naturally concerned about similar claims arising in a potential Ukrainian theatre of war.”
To mitigate this risk, he urged the government to formally derogate from the ECHR for the duration of Britain’s deployment in Ukraine, ensuring that soldiers are shielded from politically motivated lawsuits.
The issue of legal action against British troops has been contentious in recent years, with veterans who served in Afghanistan, Iraq, and Northern Ireland facing multiple prosecutions. In response, the UK government introduced the Overseas Operations Act in 2021 under Boris Johnson’s leadership, aimed at limiting “vexatious claims” and preventing prolonged legal battles against military personnel. However, a proposed clause that would have required ministers to suspend ECHR obligations in combat situations was removed by the House of Lords.
Cartlidge warned that the Defence Secretary must now reconsider this approach to reassure service members that they will not become targets of “lawfare” – a strategy where legal systems are used to harass or weaken adversaries.
The concern extends beyond military operations, as Russian nationals in the UK have previously been accused of using British law firms to silence critics through dubious legal claims. In 2023, the Solicitors Regulation Authority cautioned lawyers against acting as “hired guns” for oligarchs attempting to stifle journalism with baseless libel cases.
A Labour source defended the government’s stance, stating: “This government is focused on supporting our Armed Forces, who stand ready to deploy to Ukraine to secure a peace and the future of European security, while the Tories are focused on playing politics.”
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