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Lords reject Iraq inquiry appeal Lords reject Iraq inquiry appeal
(20 minutes later)
Nine Law Lords have rejected an attempt to force an inquiry into the Iraq war. 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 that the 2003 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 the war might not have happened and the men might not have died, they argued in their appeal.Had ministers gained "reliable" legal advice the war might not have happened and the men might not have died, they argued in their appeal.
They were challenging a Court of Appeal ruling that the government was not obliged to hold an independent inquiry.They were challenging a Court of Appeal ruling that the government was not obliged to hold 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, 19, 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, also 19, from Glasgow, 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.
Those who serve in the armed forces do this in the knowledge that they may be called upon to risk their lives in the defence of their country Lord Hope of Craighead
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 might have been prevented and the two soldiers might 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 of Cornhill 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. 'Tragedies'
She told GMTV: "We want to know why we did go in. They have come up with so many different excuses." Lord Hope of Craighead said: "It is a hard thing for a court to say to the mothers of two young soldiers who lost their lives in the service of their country that it can do nothing for them in their campaign to have the circumstances that led up to these tragedies investigated.
"Had there been an issue which was capable of being reviewed by the courts - even arguably so - its duty would have been clear, and this application would have been successful."
He added that the European Convention did not provide "an absolute guarantee that nobody will be exposed by the state to situations where their life is in danger, whatever the circumstances.
"Those who serve in the emergency services risk their lives on our behalf to protect the lives of others.
"Those who serve in the armed forces do this in the knowledge that they may be called upon to risk their lives in the defence of their country or its legitimate interests at home or overseas. "