Untitled Document
An unusual constitutional battle is about to get underway in Denmark.
After two years of preparation, a group of 24 citizens have brought
a suit against the Danish prime minister over Denmark's role in the Iraq war.
 |
Rasmussen has been accused
of misleading the public over the war |
The plaintiffs are seeking to challenge the legitimacy of Prime Minister
Anders Fogh Rasmussen's decision to go to war against Iraq under Saddam Hussein.
Denmark was one of the original members of the US-led coalition which invaded
Iraq in 2003.
False weapons claims
The group say it is vital that the Danish courts are given a chance to decide
on the legitimacy or otherwise of the Danish government's decision.
They contend that the prime minister breached the constitution on two counts,
taking the country to war without a United Nations Security Council resolution,
and devolving sovereignty over Danish troops to a foreign power without the
necessary constitutional authority.
Although Denmark's contingent is small, currently some 500 men, Mr Rasmussen
has been the target of widespread criticism and claims of misleading the population
on the issue of the Iraqi threat and claims that Iraq had weapons of mass destruction.
Although the Danish parliament overwhelmingly supported the government motion
to go to war in 2003, the suit claims that under the constitution, it had no
right to do so.
Lengthy debate
It says that under the constitution, Denmark is only allowed to go to war if
the country is directly threatened or if there is a UN mandate to commence hostilities
and that Danish troops are placed under UN command.
According to the suit, none of these prerequisites were fulfilled.
As a case of constitutional principle, the suit is likely to take at least
five years to go through the courts as both parties are likely to exhaust all
appeals available with the case ending up in the high court.
Initially the first court of complaint will have to decide on whether the group
of 24 is eligible to bring the case at all as an interested party.
That in itself is likely to take at least two years.