UK bid to halt Iraq war fails

The U.N. passes resolution 1441

Story Tools

VIDEO CNN's David Ensor says Iraq's declaration on weapons of mass destruction will be pored over by the U.S. and the U.N. (December 8) PLAY VIDEO SPECIAL REPORT •  War Tracker •  On the Scene Map •  Commanders: U.S. | Iraq •  Weapons: 3D Models •  Coalition casualties | POW/MIA •  Special Report

LONDON, England -- A legal bid to prevent Britain going to war against Iraq without a fresh United Nations resolution has failed.

The Campaign for Nuclear Disarmament was had argued it would be against international law for the UK to wage war without the new resolution and urged London's High Court to intervene before it was "too late."

But three judges ruled on Tuesday that the court had no power to declare the true interpretation of U.N. Security Council Resolution 1441, which set out Saddam Hussein's disarmament obligations. (Resolution 1441)

Described by one of the judges as a "novel and ambitious claim", it was believed to be the first time that a UK Government had faced a legal challenge over the possibility of a declaration of war.

CND claimed that Resolution 1441 did not authorise the use of force in the event of a breach of its conditions and sought judicial review against Prime Minister Tony Blair, Foreign Secretary Jack Straw and Defence Secretary Geoff Hoon.

But the judges held the court had no jurisdiction to interpret an international instrument which had never been incorporated into domestic law.

They also ruled the court would decline to decide on an issue if it could damage Britain's international relations, national security or defence and therefore CND's claim was "non-justiciable."

The judges also refused CND permission to appeal, although it can still seek permission from the Court of Appeal.

Earlier this month the British government published a dossier of torture, rape and other human rights abuses said to have been carried out by the Iraqi regime. (Full story)

The report contained graphic first-hand accounts by Iraqi victims of the regime's human rights abuses, as well as intelligence material and evidence from aid charities working in Iraq.

Iran poll to go to run-off • U.N.: Truck bomb killed Hariri • EU 'crisis' after summit failure • U.S. House votes to keep U.N. dues

CNN/Money: Security alert issued for 40 million credit cards • Bin Laden deputy sends message • U.S. House votes to keep U.N. dues • Iran poll to go to run-off