In a landmark ruling Monday, the Court of Appeal in London said the European Convention on Human Rights is applicable to British troops, even on the battlefield.
The court rejected an appeal by the Ministry of Defense (MoD) in a case brought by the family of Private Jason Smith, who died of heatstroke while serving with the Territorial Army in Iraq in 2003.
The decision is a set back for the British government, which had argued that soldiers serving in foreign conflicts could not be guaranteed human rights in all situations - such as on the battlefield or on patrol.
However, the judges granted the MoD permission to challenge the verdict in Britain's the highest appeal court, the House of Lords.
Armed Forces Minister Bob Ainsworth expressed "surprise and disappointment" over the judgment.
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