Bici and Biciv.Ministry of Defence

Abstract

War and armed conflict — Peacekeeping — Civilians — Persons killed or injured by members of peacekeeping force — Remedies — Kosovo — British soldiers part of KFOR peacekeeping force in Kosovo — Claimants injured by British soldiers — Crown retaining command of British forces — Vicarious liability of defendant — Civil liability — Whether defendant liable to claimants in negligence — Whether defendant liable to first claimant in trespass — Whether British soldiers acting in self-defence — Whether doctrine of combat immunity applicable — Justiciability of dispute — Scope of doctrine of combat immunity — Whether immunity from suit — Whether soldiers owing duty of care — The law of England