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R (on the application of Gentle and Clarke v The Prime Minister and ors, [2008] UKHL 20 on 9.4.08

This case was brought by the mothers of two young soldiers killed in Iraq, one by a roadside bomb and the other by "friendly fire". Their mothers argued that the duty imposed by ECHR Art 2 (right to life) on signatory states to protect life extends to the lives of soldiers; that armed conflict exposes soldiers to the risk of death; and that therefore a state should take timely steps to obtain reliable legal advice before committing its troops to armed conflict.

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