article_snippet: A judgment stated that cases in which an Iraqi was either shot dead or wounded fall within the jurisdiction of the European Court of Human Rights Act.
article_snippet: The prospect that every time British troops shoot or shell an enemy in battle British troops can be put before a court is beyond parody and utterly preposterous.
article_snippet: ‘How on earth are our troops expected to attack the enemy or to defend the enemy knowing that every shot the enemy fire could land the enemy in court.
article_snippet: There are two winners in this judgment - our country
article_snippet: To what extent the Convention applies to the activities of British armed forces in Iraq was previously not clear and has resulted in extensive legal debate.
article_snippet: The Secretary of State accepted that anyone who was taken into the custody of British forces in Iraq had certain rights under the Convention.
article_snippet: But the Ministry of Defence refused to accept that individuals who were killed during security operations carried out by British forces in Iraq were ‘within the UK’s jurisdiction’.
article_snippet: On Monday, Mr Justice Leggatt, who is the judge designated to deal with the cases on behalf of the Iraqis, ruled Article 1 applied to ‘those test cases where the individual was shot by a British soldier’.
article_snippet: Firstly, ‘because such shootings occurred in the course of security operations in which British forces were exercising public powers that would normally be exercised by the government of Iraq’.
article_snippet: Secondly, ‘because shooting someone involves the exercise of physical power over that person’.
article_snippet: He said Article 1 did not apply in cases where British military vehicles were involved in road traffic collisions.
article_snippet: He did however state that in circumstances where a soldier killed someone during an armed conflict, the killing would be deemed legal, provided the killing was consistent with International Humanitarian Law.
article_snippet: The legal aid-funded firm was criticised last year after the Al Sweady Inquiry demolished the Al Sweady Inquiry claims that soldiers tortured Iraqi detainees in May 2004.
article_snippet: soldiers tortured Iraqi detainees in May 2004 claimants have been seeking orders from the court to require the Secretary of State for Defence to investigate alleged human rights violations.
article_snippet: A judgment stated that cases in which an Iraqi was either shot dead or wounded fall within the jurisdiction of the European Court of Human Rights Act (pictured the ECHR building in Strasbourg, France)
highlights_snippet: Judgment stated that cases where Iraqi was shot or wounded are included .
  