British officer to test legality of Iraq war

[NNN0LHI]

http://www.theaustralian.news.com.au/common/story_page/0,5744,17010297%255E31477,00.html

A BRITISH court martial will begin on Thursday against a Brisbane-born Royal Air Force officer for refusing to return to Iraq because of his belief that the invasion of the Middle Eastern country was illegal.

Flight Lieutenant Malcolm Kendall-Smith, a 37-year-old RAF doctor, could be jailed over the first criminal charges brought against any full-time British officer for refusing to serve in Iraq.

The preliminary hearing at a military base in Bulford, 120km southwest of London, will set the timetable for the full court martial of Flight Lieutenant Kendall-Smith, a joint British-New Zealand citizen who has been in the RAF for five years.

Flight Lieutenant Kendall-Smith's lawyer, Justin Hugheston-Roberts, said the case "is possibly the biggest case to come before any British court in living memory", as he believed the court could rule that the war in Iraq was illegal.

[sproutster]

1. Whats sad...

Here they would be jailed with no access to lawyers. *goosesteps sadly away*

[adwon]

4. No

You're wrong.

[npincus]

2. I'm sure our MSM will not cover this

[LynnTheDem]

3. The court pretty much has to rule the war illegal.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=5121232

[adwon]

5. Would it matter?

Their courts lack the power to make laws invalid, I believe. I'm not sure that would help this guy if the necessary forms were followed for committing the military.

[LynnTheDem]

6. Yes it would matter. Boy howdy.

If the court declares the invasion illegal, then bLiar and Hoon et al are very likely going to be in the dock at the Hague.

Unlike the USA, the UK is a member of the IC.

Should be interesting, anyways.

[adwon]

7. How do you figure?

The reason I ask is because I'm fairly certain no British court, except maybe the Law Lords, would have the authority to declare it illegal or unconstitutional. They could say it, but it would have no force of law without Parliament. That's why I ask if it would matter.