RAF Fairford row goes to Lords (From Wilts and Gloucestershire Standard)

RAF Fairford row goes to Lords

A LEGAL row over whether anti-war protesters who allegedly tried to disable American B52 bombers at RAF Fairford were justified to take such extreme actions reached the House of Lords this week.

Five Law Lords were asked to decide whether a valid defence is available to peace campaigners who allegedly broke the law and committed a crime to prevent what they regarded as an even greater "crime of aggression".

That argument is being put forward by five people who entered RAF Fairford and allegedly attempted to damage and immobilise American B52 bombers which were due to take part in the in the so-called "shock and awe" assault on Baghdad.

The five are to be tried at Bristol Crown Court later this year where their defence will depend on the outcome of the House of Lords hearing.

So far, judges have ruled that the courts cannot deal with the issue of the legality of the war, which was deemed to be a political matter.

The Court of Appeal held that the defence of acting to prevent the commission of a crime could be considered, but said that the reality in these cases was that "they were protests and were not attempts to prevent crimes".

The protesters had all raised the same defence - that the UK Government's support of the US in the Iraq war involved a war crime under the International Criminal Courts Act (ICCA), and that activities at the bases connected with supporting the war were therefore unlawful.

The Law Lords, headed by Lord Bingham, were told by defence counsel Rabinder Singh QC that the protesters were being wrongly deprived of a defence under which the legality of the war would have been questioned and which could have resulted in acquittal.

Also involved in the hearing are 14 Greenpeace volunteers who took part in direct action at a military base in Southampton in 2003.

The appeal hearing is scheduled to end next Monday when the Law Lords will reserve judgement.