“Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals. So, the Supreme Court has refused to allow these claims to be struck out on the principle of combat immunity. It has also asserted that jurisdiction for the purpose of an Article 2 right to life claim can extend to non-Convention countries, and that the state can owe a positive duty to protect life, even in a situation of armed combat.”
UK Human Rights Blog, 20th June 2013
Source: www.ukhumanrightsblog.com