Party leadership contender says Robert Jenrick’s remarks show ‘fundamental misunderstanding’ of law of war

Tom Tugendhat: ‘I think what [Jenrick] said is wrong.’ Photograph: Anadolu/Getty Images

The former security minister Tom Tugendhat has criticised the claim by one of his Conservative leadership rivals that UK special forces are “killing rather than capturing” terrorism suspects, saying the comment showed a “fundamental misunderstanding” of the law of war.

Robert Jenrick, the former immigration minister, has defended his claim on Tuesday, and said it echoed those of the former defence secretary Ben Wallace because of fears that European laws would free any detained assailants.

In a campaign video posted on X on Monday, Jenrick said: “Our special forces are killing rather than capturing terrorists, because our lawyers tell us that if they are caught, the European court will set them free.”

Tugendhat told Sky News he did not agree that was the case: “I think what he said is wrong and I’m afraid it demonstrates a fundamental misunderstanding of military operations and the law of armed conflict.

“I’m extremely concerned that such words should not be seen in any way to encourage people to take any action other than surrender to British forces when asked to do so.”

Jenrick told BBC Radio 4’s Today programme that he stood by the comments. “The point that Ben Wallace was making [in a Telegraph interview] was that there are instances where the [European convention on human rights] is forcing or leading the decision makers … to take lethal action.

“Decision makers are being asked to make decisions which they might not ordinarily make. For example, to call in a drone strike and take lethal action in that way, rather than a surgical action where special forces might go on the ground.

“What I don’t want to see is our human rights apparatus impacting the ability of our armed forces to take the most sensible decisions for their own safety. The point I was making was absolutely correct, and it’s backed up by the interview.”

Jenrick was also criticised by another leadership rival, the shadow home secretary, James Cleverly, who told Sky News: “The British military always abide by international humanitarian law – the law of armed conflict. We have … the most professional military in the world. Our military do not murder people.”

Jenrick has been criticised by a number of legal and military experts, as well as Labour sources. Dominic Grieve, the former attorney general for England and Wales, wrote on X that the claims were “one of the most astonishing videos I have ever seen posted by a Conservative MP, let alone a candidate for the leadership”.

He added: “Most of it is twaddle, a series of promises of change that leaving the ECHR will do nothing to take forward.”

A former senior army officer said: “This is a cheap claim and comes at a time when the armed forces continue to face scrutiny over claims of killings overseas and in Northern Ireland. He needs to correct the record.”

A Labour source called for Jenrick to apologise. “Robert Jenrick’s ludicrous attempt to politicise our special forces shows you how far the Tories have fallen. He should apologise. Our brave service men and women deserve better than this.”

Jenrick, a former ally of Rishi Sunak, is the frontrunner of four candidates in the race to lead the Conservatives.

All four will address the party conference in Birmingham on Wednesday morning before MPs pick the final two candidates on 10 October.