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.
Tony Blair's government breached its duty to service personnel by failing to ensure the invasion of Iraq was lawful and justified, Law Lords have heard.
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.
Beverley Clarke and Rose Gentle, the parents of two dead soldiers, are attempting to secure a public inquiry into British armed involvement in Iraq.
Fusilier Gordon Gentle, from Glasgow, was killed by a roadside bomb in 2004.
The mothers say soldiers have the right not to have their lives put at risk in illegal conflicts.
Trooper David Clarke from Staffordshire died in "friendly fire" in 2003. Both soldiers were 19 years old.
A committee of nine Law Lords is hearing their appeal.
A coroner found Fusilier Gentle might have survived the attack had his vehicle been fitted with vital bomb-disabling equipment.
Military covenant
We say our soldiers died for no good cause in Iraq as it was an illegal war Phil ShinerSolicitor
Rabinder Singh QC, for the parents, said a duty "is owed to soldiers who are under the unique compulsory control of the state and have to obey orders".
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.
"They have to put their lives in harm's way if necessary because their country demands it," he said.
"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 are proud of their sons, who died with honour serving their country Rabinder Singh QC
"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."
"There is what some people call a military covenant between the state and those who are literally prepared to put their lives at risk for the sake of their country."
The body of Trooper Clarke has never been found. A coroner said his death was a "completely avoidable tragedy".
Trooper David Clarke, 19, of Littleworth, Staffordshire, died in a "friendly fire" incident west of Basra in March 2003.
Legal battle
The body of Trooper Clarke has never been found. A coroner said his death had been a "completely avoidable tragedy".
The legal argument on behalf of their mothers is to be presented before nine Law Lords.
Fusilier Gordon Gentle, from Glasgow, was killed in a roadside bomb attack in Basra in June 2004. The 19-year-old was in the Royal Highland Fusiliers.
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.
Mr Singh added: "These mothers wish me to emphasise that they have come to court with reluctance. They are proud of their sons, who died with honour serving their country."
Trooper Clarke was killed by friendly fire in 2003
Trooper Clarke was killed by "friendly" fire in March 2003
This claim was previously dismissed by the Court of Appeal.
Mr Singh said it had become clear the overwhelming body of legal advice had been the invasion would not be lawful without a second resolution from the UN Security Council, in addition to Resolution 1441 on 8 November, 2002.
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 mothers say the right to life, enshrined in Article 2 of the European Convention on Human Rights, obliges the government to take reasonable steps to ensure its service personnel do not face the risk of death except in lawful military activities.
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.
Their claim was previously dismissed by the Court of Appeal. The legal argument before the Law Lords is expected to last three days.
"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.
The parents are demanding to know why in the space of 10 days some 13 pages of "equivocal" advice from the then Attorney General Lord Goldsmith on 7 March 2003, became one page of unequivocal advice that an invasion would be legal.
"We say our soldiers died for no good cause in Iraq as it was an illegal war.''
The respondents to the appeal are Prime Minister Gordon Brown, Defence Secretary Des Browne and current Attorney General Baroness Scotland.
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.
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.
