R v Jones (Margaret)

Twenty appellants, including Margaret Jones, were convicted of criminal offences for actions taken to obstruct military activities in February and March 2003. They appealed, arguing that their actions were justified because they were aimed at preventing the commission of the crime of aggression against Iraq. The House of Lords considered whether the crime of aggression, if established in customary international law, was a crime recognised by or forming part of the domestic criminal law of England and Wales. The court found that the crime of aggression was a recognised crime in international law but held that it was not a crime in the domestic law of England and Wales. The court reasoned that the crime of aggression was not incorporated into domestic law because it was not a crime in domestic law as defined in section 3 of the Criminal Law Act 1967, which referred to crimes in the domestic law of England and Wales. Additionally, the court held that even if the crime of aggression had been incorporated into domestic law, it would not be justiciable due to the discretionary nature of the power to make war and the principle that the courts will not enquire into the exercise of that power. The House of Lords dismissed the appeals, concluding that the crime of aggression was not a crime in the domestic law of England and Wales and therefore could not be relied upon as a justification for the appellants' actions.