JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Wednesday, July 26, 2006

UK appeals court allows bid for inquiry into Iraq war to proceed
Joshua Pantesco at 9:07 AM ET

[JURIST] The UK Court of Appeal ruled Wednesday that Military Families Against the War (MFAW) [advocacy website], a group of families with members who have died in Iraq, is entitled to apply for judicial review of the government's decision not to hold an independent inquiry into why the UK went to war. Reversing a High Court decision [JURIST report] in the case, Master of the Rolls Sir Anthony Clarke wrote [judgment text] that

In the light of all the information at present available it seems to us that, if it is otherwise appropriate to hold an inquiry, it is at least arguable 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 plaintiffs petitioned the High Court [JURIST report; MFAW backgrounder] last November for an independent inquiry under an article of the UK Human Rights Act [text] that requires a proper, adequate investigation after lives are lost in combat. The plaintiffs are particularly interested in discovering why the Attorney General's Office rewrote an "equivocal" 13-page opinion [PDF text] on the legality of the war into an "unequivocal" one-page opinion [text] that stressed the legality of the war. The Court of Appeal decided to schedule a hearing on the petition for Nov. 6, instead of remanding the petition to the High Court, which denied the petition last December.

The group first called for an inquiry [JURIST report] in May and subsequently sued UK Prime Minister Tony Blair for war crimes [JURIST report] in the International Criminal Court. BBC News has more. From London, the Times has additional coverage.





Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Hungary prosecutors charge accused Nazi with war crimes
1:19 PM ET, June 18

 ICC grants Kenya VP's request to skip parts of upcoming trial
12:23 PM ET, June 18

 Libya senior judge assassinated outside courthouse
9:29 AM ET, June 18

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org