Judgment due on Iraq war inquiry
Press Association
Tuesday December 20, 2005 9:48 AM
The families of military personnel killed in Iraq are set to learn whether they have won their High Court challenge against the Government's refusal to hold a full public inquiry into why Britain went to war in Iraq.
They want the Prime Minister "to be held accountable" in public if there was no legal basis for the conflict and its aftermath.
At a recent hearing, their QC Rabinder Singh told Mr Justice Collins an "effective, independent public inquiry" was needed to get to the truth.
The case raised issues "of profound public importance and of widespread public interest".
The families want a declaration that the Government's inquiry refusal violates the "right to life" guaranteed under Article 2 of the European Convention on Human Rights.
Their loved ones were the victims of roadside bombs, a road traffic accident, helicopter collision and friendly fire.
Mr Singh argued Article 2 obliged the State to conduct a proper, adequate investigation when lives were lost. That obligation could only be disregarded in relation to Iraq if the war was lawful under international and domestic law.
Philip Sales opposed the application on behalf of the Prime Minister, Defence Secretary and Attorney General. He contended that the grounds submitted by the families did not disclose "an arguable case" which should go to a full hearing.
Before the hearing the families made clear they believed the decision to go to war because Iraq possessed weapons of mass destruction was "based on a series of lies" and was "an illegal act".
After Government lawyers turned down their request for a public inquiry, the Prime Minister said there was no need to go "back over this ground again and again".
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