No Iraqi War Inquiry Required by HR Legislation
Right to Life - Iraqi War Inquiry?R (Gentle and another) v Prime Minister and others [2006] EWCA
Civ 1690
CA
12 December 2006
Daily Law Notes Summary
The United Kingdom’s obligation to protect its citizens’ right to
life under art 2 of the Convention for the Protection of Human
Rights and Fundamental Freedoms did not oblige it to set up an
independent inquiry into the circumstances which led to the
invasion of Iraq, and into the lawfulness of that invasion under
international law, as part of an investigation into the deaths of
two servicemen.
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Judicial Review Human Rights
Gentle & Clarke, Regina (on the Application Of) -v- Prime
Minister and others
[2006] EWCA Civ 1690
CA
12 December 2006
The claimants appealed refusal of a judicial review of the
defendants decision to enter into the war in Iraq. The claimants
were parents of troops who had died in the war. They said that
the legal advice given to the government was incorrect. Held:
Human Rights law requires a proper investigation into deaths, but
that requirement was satisfied by the coroners sysem, and did not
require or allow a further investigation of the basis of the
military action. Outside human rights law, the applications are
unjusticiable: "The question whether the United Kingdom acted
unlawfully in sending its armed forces to Iraq is not justiciable
for one or both of two reasons, namely that it would involve a
consideration of at least two international instruments, viz
Security Council resolutions 678 and 1441, and that it would
involve a detailed consideration of decisions of policy made in
the areas of foreign affairs and defence which are the exclusive
responsibility of the executive government "
BAILII Judgment
http://www.bailii.org/ew/cases/EWCA/Civ/2006/1690.html
Case Map:
http://www.lawindexpro.co.uk/cgi-bin/casemap.php?case=246968
Cases cited:
http://www.lawindexpro.co.uk/cgi-bin/cited.pl?idx=246968