Using the law...

CND's HISTORIC CASE AGAINST BLAIR STARTS MONDAY, DECEMBER 9, 2002

(For immediate release)

CND will on 9 December challenge the legality of the UK Government s decision to go to war against Iraq. The case, in the High Court, as judicial case will be argued by Rabinder Singh QC and Charlotte Kilroy of Matrix and

Michael Fordham of Blackstone Chambers. It will be heard by a three judge Divisional Court[1]. The judges will be Lord Justices Simon Brown, Maurice Kay and Richards.

CND s case is that the government will be acting illegally if it uses armed

force against Iraq without a fresh Security Council Resolution. It argues also that the present resolutions, including UN Security Council Resolution 1441 (adopted on 8 November 2002) do not impliedly or explicitly contain an

authorisation of the use of force. More detail of CNDs argument can be obtained from an opinion of Rabinder Singh QC and Charlotte Kilroy of 15th November 2002 which is available at www.cnduk.org .

This case is historic for a number of reasons:

1, because no individual or group has ever (successfully) challenged a decision of its own government to declare war or use force;

2, because lawyers have always assumed that the declaration of war was entirely a political decision beyond the control of the judiciary. However, in this case, CND will argue that as the UK Government have said they will

be bound by international law, because they have got the law wrong means that this is a matter for judicial intervention; 3, because if CND are right, in the future matters of foreign and defence policy will, in some

circumstances, be capable of being scrutinised by the courts.

The case has already made history by a decision of the Divisional Court on 5 December 2002 that, even if CND lose, its liability to pay the Government's costs should be limited to £25,000. There has never been such a

pre-emptive costs order made before in the UK.

Phil Shiner of Public Interest Lawyers said today: There is no doubt that we

are right in saying that international law does not permit the government to go to war unless there is a fresh Security Council Resolution. Even then there are strict limits on the use of that force in accordance with principles of necessity and proportionality. The question today is whether CND will be barred from arguing their case simply because of the political context.

Carol Naughton, the Chair of CND said today: This war is illegal, immoral and illogical and this deals with the first of those questions. It is vitally important that the government should be made to comply with international law rather than undermine the Security Council by acting unilateral. If the UK is forced to await a fresh Security Council

Resolution it gives all concerned the continuing opportunity to obey the law which requires that all peaceful means be used to resolve this dispute over Iraq's

weapons.

For more information contact:

Phil Shiner 0121 2121868 (work) or 07715 485248 (mobile)

Carol Naughton 07736 698702 (mobile)

CND Press Office 020 7700 2350 or 07968 420859 (mobile)

Photo Opportunity

There will be a photocall outside the High Court on Monday 9 December at 10am. Present for photos and available for interview will be CNDs lawyers, CND Chair Carol Naughton, comedian Mark Thomas, former MP Tony Benn, Jeremy Corbyn MP, Bruce Kent and others to be confirmed later.

Ian Martin

Press Officer

p 020 7700 2393 switchboard

p 020 7700 2350 direct line

f 020 7700 2357

m 07968 420859

eian@cnduk.org

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