LoungeMachine
07-27-2006, 09:10 PM
UK court to test legality of Iraq war
Richard Norton-Taylor, London
July 28, 2006
FAMILIES of British soldiers killed in Iraq have won a significant legal battle in their fight for an independent public inquiry into the British Government's decision to invade.
In what their lawyers called a "stunning victory", the families can challenge at a full court hearing the Government's claim that the war in Iraq was legal.
Three of the country's most senior judges gave their ruling in light of what they called the "importance of the issues and the uncertainty of the present position".
It was "at least arguable", they said, "that the question whether the invasion was lawful (or reasonably thought to have been lawful) as a matter of international law, is worthy of investigation".
The case was brought by Rose Gentle, Peter Brierley, Beverley Clarke and Susan Smith ¡ª all close relatives of British soldiers killed on active service in Iraq during 2003-04.
The judges underlined the significance of the case by deciding to hear the arguments themselves rather than delegating it to less-senior High Court judges.
The hearing will question the Government's refusal to hold an independent inquiry into the circumstances leading to the invasion of Iraq.
The families argue that an inquiry into the lawfulness of the invasion is essential on the basis of article 2 of the European Human Rights Convention, which says everyone's right to life is protected by law.
They say that the invasion was unlawful and so the military orders to send their relatives to Iraq were in breach of the article.
The judges, who overturned a High Court ruling blocking the legal action, said on Wednesday that, while they believed there was a "compelling reason" why they should hear the families' arguments, "formidable hurdles" remained in the families' way.
However, Phil Shiner, the families' solicitor, described the ruling as "a stunning victory" that would force the Government to put evidence before the judges on why the country went to war.
¡ö Iraq's Prime Minister ended a controversial visit to Washington with a plea for more money, a prod not to abandon his country, and an effort to dodge criticism over his remarks on the conflict between Israel and Hezbollah.
In a speech to a joint meeting of Congress, Nuri al-Maliki cut close to the Bush Administration's formulation of the challenges in his homeland, describing Iraq as the "vanguard" in the "war on terror."
As Iraq's new leader strode the world stage, the trial of ousted leader Saddam Hussein was adjourned yesterday until October 16, when a verdict that can carry the death penalty is expected to be delivered.
Violence continued in Baghdad yesterday with a car bomb and several mortars killing at 27 people and injuring 100 others.
GUARDIAN, LOS ANGELES TIMES
Richard Norton-Taylor, London
July 28, 2006
FAMILIES of British soldiers killed in Iraq have won a significant legal battle in their fight for an independent public inquiry into the British Government's decision to invade.
In what their lawyers called a "stunning victory", the families can challenge at a full court hearing the Government's claim that the war in Iraq was legal.
Three of the country's most senior judges gave their ruling in light of what they called the "importance of the issues and the uncertainty of the present position".
It was "at least arguable", they said, "that the question whether the invasion was lawful (or reasonably thought to have been lawful) as a matter of international law, is worthy of investigation".
The case was brought by Rose Gentle, Peter Brierley, Beverley Clarke and Susan Smith ¡ª all close relatives of British soldiers killed on active service in Iraq during 2003-04.
The judges underlined the significance of the case by deciding to hear the arguments themselves rather than delegating it to less-senior High Court judges.
The hearing will question the Government's refusal to hold an independent inquiry into the circumstances leading to the invasion of Iraq.
The families argue that an inquiry into the lawfulness of the invasion is essential on the basis of article 2 of the European Human Rights Convention, which says everyone's right to life is protected by law.
They say that the invasion was unlawful and so the military orders to send their relatives to Iraq were in breach of the article.
The judges, who overturned a High Court ruling blocking the legal action, said on Wednesday that, while they believed there was a "compelling reason" why they should hear the families' arguments, "formidable hurdles" remained in the families' way.
However, Phil Shiner, the families' solicitor, described the ruling as "a stunning victory" that would force the Government to put evidence before the judges on why the country went to war.
¡ö Iraq's Prime Minister ended a controversial visit to Washington with a plea for more money, a prod not to abandon his country, and an effort to dodge criticism over his remarks on the conflict between Israel and Hezbollah.
In a speech to a joint meeting of Congress, Nuri al-Maliki cut close to the Bush Administration's formulation of the challenges in his homeland, describing Iraq as the "vanguard" in the "war on terror."
As Iraq's new leader strode the world stage, the trial of ousted leader Saddam Hussein was adjourned yesterday until October 16, when a verdict that can carry the death penalty is expected to be delivered.
Violence continued in Baghdad yesterday with a car bomb and several mortars killing at 27 people and injuring 100 others.
GUARDIAN, LOS ANGELES TIMES