Afghanistan war judicial review: Costs decision due tomorrow

national | anti-war / imperialism | news report

Wednesday February 22, 2006 13:36

by Michael

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Judge Macken heard arguments in the High Court today from lawyers representing Eoin Dubsky and the Government of Ireland, regarding the costs of the judicial review case begun in September 2002. She is due to make her decision on costs tomorrow, Thursday 23 February. The "order" will then be "perfected", meaning the countdown to lodge an appear with the Supreme Court will begin.

US Air Force C-130, Shannon Airport, September 2002.

The court case concerns Ireland's conduct in the so-called "war on terrorism", and especially the permissions given to American military flights passing through Irish territory to war in Afghanistan.

The court ruled on December 13th last, that the war in Afghanistan was not a war in the sense that is meant in the Irish Constitution, and so the issue of participation does not arise (Article 28.3.1). Other issues raised by Mr. Dubsky about the permissions system for foreign military stopovers and overflights were also dismissed.

Speaking publicly for the first time since the judgement, Eoin Dubsky today said: "War is the most destructive business a state can participate in, and agreesion is the supreme international crime.

"Following the Afghanistan war and Iraq war, Horgan judgement, and now this one, it looks like the High Court and the Constitution has little to offer people who want to withdraw Ireland's participation from Bush's murderous gang. They'd best do it by hand.

"Article 29.1, 29.2, and 29.3 were rendered useless by Judge Kearns, saying effectively that Ireland need only aspire to behave lawfully and ethically in its international relations.

"That left only Article 28.3.1 to protect us from the treacherous ambitions of our government. Now Judge Macken has undone that article too: A war cannot be defined, and declarations of war cannot be taken as such.

"We're reminded by the judges and politicians of course that there are protections against 'untoward conduct', tripple locks, and what-have-yous. But as far as I can tell, we have forfeited our airspace to American warplanes, we've just participated in two major crimes of aggression, we've surrendered any possible moral defence against countries or terrorists who may attack us to prevent further military and CIA flights through Ireland, and we have submitted to the logic of American imperialism."

Eoin now lives in Paris and was not able to be in Dublin for the hearing today.