Sunday, November 09, 2003
This one will hit paydirt

This is one lawsuit that the government should consider dismissing at the first opportunity. Even if you disagree with the circumstances of the Iraqi war, the lawsuit launched by the three Hamoodi brothers over the death of their family in Basra, would hobble British military campaigns if they won. Every civilian casualty or death would be considered unlawful and surviving relatives would be liable to damages from the British taxpayer.

Now, the additional expense may dissuade the British army from military adventures and there is a moral case for argueing that civilian casualties should be compensated. However, our activist judiciary has, in recent years, supported case law on the basis of universal values as defined by international agreements, rather than the particulars of each case. This lawsuit will provide an opening for the Left to narrow the activities of the British army through judicial decisions rather than Parliament. This is now their preferred route.

(9th November 2003, 22.00)


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