Tony Blair must be prosecuted over Iraq War, High Court hears

The Attorney General has said Mr Blair cannot be charged for a ‘crime of aggression’ because there is no such thing under UK law (PA)

Tony Blair must be prosecuted over the “unnecessary” and “unlawful” Iraq War, a court has heard.

General Abdul Wahed Shannan Al Rabbat alleges Mr Blair, then UK prime minister, committed “the crime of aggression” by invading Iraq in 2003.

The general wants to bring a private prosecution against Mr Blair and two other key ministers at the time – foreign secretary Jack Straw and the attorney general, Lord Goldsmith.

Michael Mansfield QC, arguing for a war crimes trial in the UK, told the High Court Mr Rabbat had sought the prosecution in the wake of the Chilcot inquiry report, which was released last year.

“Saddam Hussein did not pose an urgent threat to the UK, intelligence reporting about [Iraqi] weapons of mass destruction was presented with unwarranted certainty, that the war was unnecessary and that the UK undermined the authority of the UN security council,” is how he summarised the findings, according to The Guardian.

“Nothing could be more emphatic than these findings. It was an unlawful war.”

Westminster Magistrates Court refused to issue summonses in November last year on the grounds that the former ministers had immunity from legal action, and in any event the current Attorney General, Jeremy Wright QC, would have to give consent.

The general applied to the High Court in London for permission to seek judicial review of the magistrates court decision.

After a half-day hearing, two judges reserved their judgment and said they would give their decision on whether to grant permission at a later date.

The general lives in Muscat, Oman, does not possess a passport and could not be at the hearing on Wednesday.

But Court 4 of the Royal Courts of Justice was filled by citizens from Middle East countries, including Iraq and Syria, who say they feel they have had to pay the price of the Iraq invasion.

The Attorney General intervened in the case and his legal team urged Lord Thomas of Cwmgiedd, the Lord Chief Justice, sitting with Mr Justice Ouseley, to block the general’s legal challenge on the grounds that it was “hopeless” and unarguable because the crime of aggression is not recognised in English law.

Additional reporting by agencies