The mothers of two soldiers killed in Iraq are to ask the Law Lords to order the government to set up an independent inquiry into the decision to go to war.
The mothers of two soldiers killed in Iraq are to ask the Law Lords to order the government to set up an independent inquiry into the decision to go to war.
Rose Gentle and Beverly Clarke claim the Human Rights Act means there must be an inquiry into the events which led to UK troops being sent into Iraq.
Rose Gentle and Beverly Clarke claim the Human Rights Act means there must be an inquiry into the events which led to UK troops being sent into Iraq.
Fusilier Gordon Gentle, from Glasgow, was killed by a roadside bomb in 2004.
Fusilier Gordon Gentle, from Glasgow, was killed by a roadside bomb in 2004.
Trooper David Clarke from Staffordshire died in "friendly fire" in 2003. Both soldiers were 19 years old.
Trooper David Clarke from Staffordshire died in "friendly fire" in 2003. Both soldiers were 19 years old.
A coroner found Fusilier Gentle might have survived the attack had his vehicle been fitted with vital bomb-disabling equipment.
A coroner found Fusilier Gentle might have survived the attack had his vehicle been fitted with vital bomb-disabling equipment.
We say our soldiers died for no good cause in Iraq as it was an illegal war Phil ShinerSolicitor
Mrs Gentle said: "It's really important to us to find out why my son was sent there and why he was killed in this war. Apart from not having the right equipment, we believe they should never have been there in the first place.
"We have asked the government before for an inquiry but it got turned down and they did say they would have one so we think now it's about time they did have one.
"They told us basically that they'd have it when this war was over, so now it's over, I think they should have it."
The body of Trooper Clarke has never been found. A coroner said his death was a "completely avoidable tragedy".
The body of Trooper Clarke has never been found. A coroner said his death was a "completely avoidable tragedy".
Legal battle
Legal battle
The legal argument on behalf of their mothers is to be presented before nine Law Lords.
The legal argument on behalf of their mothers is to be presented before nine Law Lords.
Trooper Clarke was killed by friendly fire in 2003
They say that the right to life, enshrined in Article 2 of the European Convention on Human Rights, obliges the government to take reasonable steps to ensure that its service personnel do not face the risk of death except in lawful military activities.
They say that the right to life, enshrined in Article 2 of the European Convention on Human Rights, obliges the government to take reasonable steps to ensure that its service personnel do not face the risk of death except in lawful military activities.
Trooper Clarke was killed by friendly fire in 2003
This claim was previously dismissed by the Court of Appeal.
This claim was previously dismissed by the Court of Appeal.
It ruled that the question of whether the UK had acted lawfully in sending its troops to Iraq was not a matter for the courts, since decisions of policy made in the areas for foreign affairs and defence were issues for which the government alone was responsible.
It ruled that the question of whether the UK had acted lawfully in sending its troops to Iraq was not a matter for the courts, since decisions of policy made in the areas for foreign affairs and defence were issues for which the government alone was responsible.
The women's solicitor, Phil Shiner, argued that the war was illegal: "When soldiers enlist to fight for their country, they do so on the basis of a military covenant.
"On the one hand, they are prepared to sacrifice their lives. On the other, the state agrees to provide them with the proper equipment and take all reasonable steps not to send them to fight an illegal war.
"We say our soldiers died for no good cause in Iraq as it was an illegal war.''
Peter Brierley, whose son Lance Corporal Shaun Brierley, 29, from Batley in West Yorkshire died in a road accident in Kuwait, said he held the same opinion.
''My son died as well in Iraq and I honestly believe that the law was illegal," he said as he appeared with Mrs Gentle outside the Houses of Parliament.
"My main problem is to try to make sure that no other soldier can be sent out on a similar campaign illegally," he added.
The hearing is expected to last three days.
The hearing is expected to last three days.
Are you a parent of a soldier in Iraq? What's your reaction to this story? Send us your comments by filling out the form below.
Are you a parent of a soldier in Iraq? What's your reaction to this story? Send us your comments by filling out the form below.
