Denmark’s Supreme Court has rejected a petition by 25 Danes to sue the prime minister for contravening the constitution in entering the war in Iraq without a United Nations mandate.

The Supreme Court decision, in saying that the Constitutional Committee Association had no specific legal interest in suing the prime minister, puts an end to seven years of discussions as to the legality of Denmark’s participation in the Iraq War.

The association was founded in 2003 in order to canvas for an independent inquiry into Denmark’s position. In 2005 the organisation decided to try its hand in the courts on claims that then Prime Minister Anders Fogh Rasmussen had contravened the Constitution in joining the war on Iraq.

Previously one of the 25 petitioners has told Politiken that if the Supreme Court agreed with a 2007 High Court verdict that the group had no legal interest in the case, that the group would stop its activities.

“It’s a dead issue if we lose. There is no-one willing to answer us in the debate on foreign policy or participation in the Iraq War. So if the Supreme Court doesn’t allow us to sue, I have no idea how we can continue,” Johan Kirkmand said.

Kirkmand joined the association in 2005 after his son Bjarke Olsen was killed in an explosion in Iraq.

One possible appeal left
The Supreme Court said about its decision:

“There is no concrete legal dispute that would be decided by taking the claims to judgement. Further, none of the appellants are affected by Parliament’s decision and the deployment of military forces to Iraq in 2003 in a particular way that is over and above that of the rest of the population in general.”

The Supreme Court said in its press release that a total of nine judges took part in the decision and all nine were in agreement.

The only recourse for the 25-member organisation would now be the International Court of Human Rights, but as things stand, the group’s counsel advises against such a move.

“I feel that the Supreme Court has been thorough in its evaluation and we have taken note of its decision,” says Counsel Christian Dahlager.