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Trooper David Clarke, from Littleworth, Staffordshire, was killed by ¡°friendly fire¡± near Basra in 2003, while Fusilier Gordon Gentle, from Glasgow, died in a roadside bomb attack in Basra in 2004. Both were 19.
The law lords yesterday began considering the mothers¡¯ argument that servicemen and women have the right not to have their lives jeopardised in illegal conflicts.
Rabinder Singh QC, who is representing the women, told the court: ¡°That duty is owed to soldiers who are under the unique compulsory control of the state and have to obey orders. They have to put their lives in harm¡¯s way if necessary because their country demands it.¡±
Mr Singh said the overwhelming body of legal advice received by the Government was that the invasion would not be lawful without a second UN Security Council resolution. ¡°These mothers ¡¦ have come to court with reluctance. They are proud of their sons, who died with honour serving their country,¡± he said.
Mrs Clarke and Mrs Gentle base their argument on the legal advice prepared by Lord Goldsmith, the former attorney general, in the run-up to the war. They say 13 pages of ¡°equivocal¡± advice were reduced to one page of unequivocal advice that military action would be legal in just 10 days.
The women are challenging a Court of Appeal ruling that said the Government was not obliged to order an independent inquiry under Article 2 of the European Convention on Human Rights, which protects the ¡°right to life¡±.
Mrs Gentle said: ¡°I think Tony Blair sent our boys to war on a lie. He just agreed with George Bush right away.¡± Peter Brierley, whose son, L/Cpl Shaun Brierley, was killed in 2006, said: ¡°This was not defending his country. The country was not under any threat of attack.¡±
Lord Bingham, sitting with eight other law lords, said they were mindful of ¡°the human loss which underlies these proceedings¡±.
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Posted: Feb 13th, 2008 at 7:05 am | Link to this
Blair went to war on a lie, law lords told « Dr Nasir Khan
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[¡¦] went to war on a lie, law lords told RINF.com, Feb 13, [¡¦]