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"Landmark'' appeal in U.K. against Iraq war

Hasan Suroor

War may be declared a crime of aggression

LONDON: In an unprecedented move, a group of British peace campaigners have gone to the House of Lords, the country's highest court of appeal, for a ruling that, according to legal experts, could result in the Iraq war being declared a "crime of aggression.''

Anti-war activists

The appeal involves 20 anti-war protesters who staged a series of "direct'' actions at several military bases in the country three years ago to stop warships from leaving for the Gulf ahead of the Iraq invasion.

Their "actions'' involved "trespassing'' into army and air force bases, chaining themselves to armoured fighting vehicles and disabling a fleet of bomb carriers. The law lords, who were due to start the week-long hearing on Monday, would examine the defendants' claim that their actions were justified because they were trying to prevent what they regarded as the bigger "crime'' of launching an illegal war.

Their case is based on a provision of the Criminal Act which says a "person may use such force as is reasonable in the circumstances in the prevention of crime.'' The law lords will not rule directly on the legality of the war, but on whether the appellants can defend themselves in court using the argument that their actions were intended to prevent a greater "crime.''

So far, the courts have refused to accept this argument saying it is not within their jurisdiction. Experts said if the law lords were to uphold the appeal, it could have enormous legal and political implications. British courts could then rule on the legality of the Iraq war.

Attorney-General Lord Goldsmith, in his advice to Prime Minister Tony Blair in the run-up to the Iraq invasion, did not rule out aggression being recognised as crime by U.K. courts. "Aggression is a crime under customary international law which automatically forms part of domestic law. It might therefore be argued that international aggression is a crime recognised by the common law which can be prosecuted in the U.K. courts,'' he wrote.

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