Yes, well, what sounds stupid is placing the national defense of a country in the hands of adversarial litigants.Pappa wrote:No it isn't. They can sue because the Government has a duty of care to its soldiers. If they aren't providing enough body armour to their troops, they're unnecessarily putting their lives at risk.Coito ergo sum wrote:That sounds stupid.MrJonno wrote:We even have the military in the UK sueing the government on health and safety grounds for not supply proper equipment in a war zone now
A military has to make cost benefit analyses all the time, and I would definitely not want the design of the latest tank to be up to judge or a jury (all due respect to their military training...). Should the Challenger Tank's body armor be thicker, or should it be faster and have more firepower? Should the cannon be X millimeters or Y millimeters? How many shells should it hold? What's "safe" and what's "enough?"
Should body armor be full-body armor? What judge of a law court is going to decide that?
It's stupid because it is stifling, and it essentially places the national defense in the hands of some infantryman who thinks that he should have had a different gun or a better body armor.
Moreover - this is the latest news I could find on the topic: "British troops serving abroad cannot sue the Government for breaching their human rights, Britain's highest court has ruled." The court accepted the government's argument that "The imposition of some form of legal duty of care would create a major and disproportionate risk that military decision-making would be made more cumbersome and would be skewed in the light of it," said James Eadie QC. That, he argued, could lead to commanders becoming less effective in tactical decision-making and weaken operational effectiveness. http://news.sky.com/skynews/Home/UK-New ... 6415657180