Parents of dead soldier sue Danish Prime Minister

international | anti-war / imperialism | press release

Tuesday November 22, 2005 15:00

by Dr. Coilín ÓhAiseadha

The parents of the Danish soldier killed in Iraq, Bjarke Kirkmand, sue the Danish Prime Minister for breach of the constitution in connection with Denmark's participation in the war against Iraq.

This development is of enormous significance, because the plaintiffs have clearly suffered loss through the decision to send Denmark to war in Iraq - their son was killed in the course of the war. Thus, the courts cannot refuse to accept the case at all, as they might have been tempted to do in the case brought some weeks ago by a group of concerned citizens.

Today, Tuesday 22 November 2005 at 2:00 p.m., a lawsuit was delivered by Johan and Kirsten Elisabeth Kirkmand to the Eastern High Court for breaches of the constitution in connection with Denmark’s participation in the war. Johan and Kirsten Kirkmand are the parents of Bjarke Kirkmand, who was killed in Iraq on 1 October 2005. Denmark’s participation, under American command and without a UN mandate, was based on the decision of 61 members of parliament on 21 March 2003.

They join the group of 24 plaintiffs who delivered a lawsuit on 11 October 2005 for breach of § 19 of the Danish constitution, according to which the use of military force may only be applied under a UN mandate, and within the boundaries of commonly accepted international law. The decision is also considered to be in breach of § 20 of the constitution, as it does not fulfil the requirement of a 5/6 parliamentary majority in relinquishing sovereignty, the Danish troops having been placed under foreign command.

Furthermore, Mr. and Mrs. Kirkmand are suing the Prime Minister for the symbolic amount of 10,001 kr., as compensation for their suffering which has resulted from their son Bjarke having been killed in the unconstitutional war against Iraq.

After the first lawsuit was delivered on 11 October 2005, critics claimed that it would be rejected by the High Court, on the grounds that the group of plaintiffs is not eligible to bring the case as an interested party. The addition of Mr. and Mrs. Kirkmand to the group of plaintiffs will remove any doubts regarding their eligibility.

The plaintiffs are represented by the lawyers Christian Harlang and Bjoern Elmquist.

For interviews with the plaintiffs or lawyers, please contact:

Dan Ilie, tlf. (+45) 2625 0234 eller email: danilie75 @ gmail.com
Signe Sloth Hansen, tlf. (+45) 4089 7216 eller email: signeslothhansen @ gmail.com
Tom Clark, tlf. (+45) 6062 1763 or email: tclark @ tiscali.dk