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Lords reject Iraq inquiry appeal Lords reject Iraq inquiry appeal
(10 minutes later)
Nine Law Lords have rejected an appeal against a decision not to hold a public inquiry into the Iraq war. Nine Law Lords have rejected an attempt to force an inquiry into the Iraq war.
The mothers of two soldiers killed in Basra said Tony Blair's government had failed to ensure in advance the invasion was lawful and justified. The mothers of two soldiers killed in Basra said Tony Blair's government had failed to ensure in advance that the 2003 invasion was lawful and justified.
Had ministers gained reliable legal advice in 2003, the war would not have happened and the two men would not have died, they argued. Had ministers gained "reliable" legal advice the war might not have happened and the men might not have died, they argued in their appeal.
But the law lords unanimously rejected their demands. They were challenging a Court of Appeal ruling that the government was not obliged to hold an independent inquiry.
The families were challenging a Court of Appeal ruling in December 2006 that the government was not obliged to order an independent inquiry.
Goldsmith adviceGoldsmith advice
Trooper David Clarke, from Littleworth, Staffordshire, died in March 2003 in a "friendly fire" incident in the west of Basra.Trooper David Clarke, from Littleworth, Staffordshire, died in March 2003 in a "friendly fire" incident in the west of Basra.
Fusilier Gordon Gentle, from Glasgow, of the Royal Highland Fusiliers, died in Basra in June 2004 as a result of a roadside bomb attack.Fusilier Gordon Gentle, from Glasgow, of the Royal Highland Fusiliers, died in Basra in June 2004 as a result of a roadside bomb attack.
At the centre of the families' argument was the demand for an explanation as to how 13 pages of "equivocal" advice from the former Attorney General, Lord Goldsmith, was reduced within days to one page of completely unequivocal advice that an invasion would be legal.At the centre of the families' argument was the demand for an explanation as to how 13 pages of "equivocal" advice from the former Attorney General, Lord Goldsmith, was reduced within days to one page of completely unequivocal advice that an invasion would be legal.
They said the government, under the European Convention on Human Rights, had a duty to protect life, which extended to the lives of soldiers.They said the government, under the European Convention on Human Rights, had a duty to protect life, which extended to the lives of soldiers.
It was up to a state to gather reliable legal advice before committing troops to war.It was up to a state to gather reliable legal advice before committing troops to war.
The families said that, had the government done this ahead of invading Iraq, the war would have been prevented and the two soldiers would not have been killed.The families said that, had the government done this ahead of invading Iraq, the war would have been prevented and the two soldiers would not have been killed.
But, in his judgement on their case, Lord Bingham said: "The lawfulness of military action has no bearing on the risk of fatalities."But, in his judgement on their case, Lord Bingham said: "The lawfulness of military action has no bearing on the risk of fatalities."
He added that the European Convention could not "have envisaged that it could provide a suitable framework or machinery for resolving questions about the resort to war".He added that the European Convention could not "have envisaged that it could provide a suitable framework or machinery for resolving questions about the resort to war".
Earlier, Fusilier Gentle's mother, Rose Gentle, said she had believed the initial argument that there was an immediate threat to Britain, but she did not agree with the war after new information regarding Lord Goldsmith's judgements had been unearthed.Earlier, Fusilier Gentle's mother, Rose Gentle, said she had believed the initial argument that there was an immediate threat to Britain, but she did not agree with the war after new information regarding Lord Goldsmith's judgements had been unearthed.
She told GMTV: "We want to know why we did go in. They have come up with so many different excuses."She told GMTV: "We want to know why we did go in. They have come up with so many different excuses."