http://www.guardian.co.uk/Iraq/Story/0,2763,1266009,00.htmlFive peace activists who deny breaking the law by attempting to stop B-52 bombers from leaving Britain for Iraq have failed in a renewed bid to plead the "illegality" of the war as part of their defence.
The court of appeal held that the "crime of aggression" under international law - which was how the defendants viewed the Iraq conflict - did not constitute a crime under English law.
"The executive's action in declaring and waging war is, in itself, a lawful exercise of its prerogative powers," Lord Justice Latham, sitting with Mr Justice Gibbs and Judge Richard Brown, said.
However, they were handed a lifeline by the judges who, although refusing them permission to appeal to the House of Lords, certified that the case raised issues of law of general public importance.
The certification gives the defendants ammunition to back an application direct to the Law Lords for leave to appeal.
Well not what I was hoping for…but not surprising…..Still….Blair has not seen the last of this group….