And they will do so under the Human Rights Act — legislation the Government has CHAMPIONED for years.

The ruling that human rights laws do apply in a war zone was a major defeat for Defence Secretary Des Browne — and the MoD immediately appealed against it.

It means wounded soldiers or bereaved families can claim huge damages from the MoD if they can prove inadequate equipment was responsible.

Some campaigners even argue that criminal prosecutions could now be brought, opening up the possibility of ministers landing in the dock and even going to jail.

The judgment was one of three disasters yesterday for Mr Browne, whose department has been repeatedly guilty of sending Our Boys to war without the right equipment.

In the same hearing the judge, Mr Justice Collins, refused a bid by Mr Browne to gag CORONERS from criticising the MoD over troops’ deaths.

And in a third victory for dead heroes’ families the judge ordered all relevant military DOCUMENTS in inquests be disclosed to relatives, as well as legal aid to be granted to them.

The rulings came in a test case over Scottish soldier Private Jason Smith’s death in Iraq from heatstroke in temperatures hitting 140°F in 2003.

As many as 35 British servicemen have died needlessly in just the three years of the current Government’s term.

All of their deaths have been found to have been caused by either a lack of correct safety or protective equipment.

The MoD issued an Appeal Court challenge against the judgment. Top brass argue it is impossible to give squaddies in the field the same rights as civilians.

They say it could even prevent officers ordering their men into battle at all as that would pose a threat to their life — a breach of Article 2 of the European Convention on Human Rights.

But while recognising that Armed Forces sent to fight abroad “cannot receive absolute protection”, Mr Justice Collins declared: “The soldier does not lose all protection simply because he is in hostile territory on dangerous operations.

“Thus, for example, to send a soldier out on patrol or, indeed, into battle with defective equipment could constitute a breach of Article 2 (right to life) under the European Convention on Human Rights.”

The judge said servicemen and women are entitled to some measure of legal protection “wherever they may be”.

Carol Wright spent more than two years trying to find out why her SAS son, Captain Dan Wright, died in a parachute training accident.

Thanks to bombshell internal RAF memos leaked to The Sun, Coroner Andrew Walker found last month Dan’s life would have been saved if only bean counters had not refused to buy £50 safety radios.

Carol said: “It is the Government’s duty to protect soldiers in every possible way they can.

“Hopefully the thought of ending up in a courtroom may encourage officials to focus a little more on exactly what effects their budget cuts have. Why shouldn’t they be culpable for decisions?”

Private Smith’s mother Catherine said she hoped other families would now not have to struggle the way she did to find out how loved ones died.

Mrs Smith said: “It was questions upon questions — we couldn’t get any information at all and that’s wrong. We should have had disclosure.”

Her solicitor Jocelyn Cockburn said: “The judgment means soldiers sent abroad have the same human rights as any other British citizens and must be properly equipped.”

Diane Dernie, whose hero Para son Ben Parkinson lost both legs in an Afghan landmine blast, called the ruling “absolute common sense”.

She said: “How can you expect these soldiers to go out and risk everything and give their all, and the Government not to have any responsibility to ensure their equipment functions correctly?”

Lib Dem defence spokesman Nick Harvey said: “This shattering ruling for Des Browne will hopefully at last wake the Government up to equipment shortages on the front line.”

Tory Shadow Defence Secretary Liam Fox added: “It should not take a court ruling for the Government to realise that it has a responsibility and a moral obligation to troops.”

The MoD had wanted to to stop campaigning coroners, such as Mr Walker, from using strong language in verdicts.

But Mr Justice Collins ruled they were within their powers to use phrases such as “serious failure”.

And his ruling that families should get documents and legal aid allows them to hire lawyers to ask their own probing questions — which many previously could not afford.

On the human rights ruling, an MoD spokesman said: “The MoD does not consider this judgment reflects legal precedents.”

On coroners’ language, he added: “The MoD sought clarification on a point of law. At no point was the MoD attempting to prevent coroners from undertaking independent investigations and making their findings public.”