The High Court has refused leave to a retired RTÉ computer worker to take proceedings aimed at preventing the Government from voting in favour of a proposed United Nations resolution supporting a war on Iraq. The UN resolution could be debated as early as tomorrow.
The leave was sought by Mr John Fitzgibbon, of Woodlands Avenue, Dún Laoghaire, Co Dublin, who said afterwards he intended to appeal against the refusal to the Supreme Court today.
Earlier, Mr Richard Humphreys, for Mr Fitzgibbon, sought leave for the judicial review action on the basis that President Bush had adopted a militarily aggressive policy since he came to power.
Mr Humphreys said President Bush had identified Iraq as part of an "axis of evil" which included other, from a US viewpoint, hostile nations.
In correspondence with the Minister for Foreign Affairs, Mr Fitzgibbon said he was informed every possible effort should be made to avoid force but he was given no assurance there would be no vote in favour of a resolution which would authorise war.
Mr Humphreys said his client also contended the Constitution did not allow Irish participation in a war without the assent of Dáil Éireann.
Mr Fitzgibbon further argued the proposed UN Security Council resolution authorising war on Iraq would contravene the provisions of Article 29.1 to 3 of the Constitution and contravene the general principles of international law.
Since President Bush took office, the US government had been pursuing an increasingly unilateralist and militarily aggressive policy, evidenced in its repudiation of international legal standards by reneging on its signature to the Kyoto protocol and refusing to ratify the statutes of the International Criminal Court, inducing the signature of unlawful agreements with vassal or client states.
Miss Justice Carroll refused the application on the grounds that all these matters were in the remit of the Government. It would be an unwarranted intrusion by the court to grant the application, she said.