Lords to look at legality of Iraq war

· Bereaved mothers win right to have appeal heard
· Petition drafted by two leading human rights QCs
Clare Dyer, legal editor
Monday June 18, 2007
The Guardian
Britain's highest court is to hear a case which could force the government to hold an independent inquiry into the way the attorney general reached his conclusion that the war in Iraq would be lawful. The law lords have agreed to hear an appeal by the mothers of two soldiers killed in Iraq, who argue that the government violated their sons' right to life by rushing into war on inadequate legal grounds.
"The legality of the war on Iraq - the most important question of law of our generation - remains unresolved by any court or other independent and authoritative body in the United Kingdom," begins the petition which persuaded the judges to let the appeal go ahead.
The judges are unlikely to reach a conclusion themselves on whether the war was legal. But the mothers' solicitor, Phil Shiner, said yesterday that the arguments put forward by the lawyers had hardened since the court of appeal rejected the mothers' case, and would require the law lords to consider the government's moves in the last few weeks before the war.
The appeal court ruled that it was impossible to separate questions of law and political wisdom in deciding to wage war, and that policy issues were not a matter for the courts. But the law lords' decision to take the case on means that the question will be considered afresh by five of Britain's top judges. The law lords are expected to hear the case at the end of this year or in early 2008. Mrs Gentle said: "I am delighted with the decision. It has been a long, hard fight but I am determined that I am not going to let this go." Mrs Clarke added: "I am over the moon. This is the best news I have had for ages."
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