An attempt to bring a private war crimes prosecution against Prime Minister Tony Blair for his role in the 2003 Iraq war has foundered in the High Court.
Former Iraqi general, Abdulwaheed al-Rabbat attempted to pursue Blair, former foreign secretary Jack Straw and former attorney general Lord Goldsmith for the crime of aggression. However, Lord Thomas, the Lord Chief Justice, and Mr Justice Ouseley held that the crime of aggression is unknown in English law, in Al-Rabbat v Blair [2017] EWHC 1969 (Admin).
It held it was bound by the unanimous House of Lords‘ decision in R v Jones (Margaret) [2007] 1 AC 136, in the context of the invasion of Iraq, that although there was a crime of aggression under customary international law, there was no such crime as the crime of aggression under the law of England and Wales.
Giving the lead judgment, Lord Thomas said it was ‘for Parliament and Parliament alone’ to make the crime part of domestic law.
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