A High Court challenge to the use of Shannon Airport by Iraq-bound US military aircraft opened today.
This morning, the court heard the opening submissions on behalf of Edward Horgan, the former Army Commandant who is challenging the State's granting of landing rights to the aircraft.
The case is being heard by Mr Justice Nicholas Kearns.
In the first three months of this year, 215 US aircraft bound for Iraq flew though Irish airspace or landed in this country and 33,000 American troops landed at Shannon in transit to war.
Senior Counsel John Rogers, for Mr Horgan, said this use of Shannon Airport was continuing, with the permission of the Government.
He claimed that, in granting this permission, the Government was acting unconstitutionally.
Mr Rogers said Mr Horgan came from a background of personal devotion to the State and adherence to the Constitution, and his concern was that the law was being breached.
He contends that Article 29.3 of the Constitution obliges the Government to adhere to the principles of peaceful settlement of international disputes, and before they can use their executive powers to provide assistance in war, they must be satisfied that the war is in adherence with this provision.
The State and Government are expected to mount a strong defence.
The case expected to last until the end of the present law term on 11 April and judgement is likely to be reserved.
Whatever the outcome, the case is likely to go on appeal to the Supreme Court. An appeal to the Supreme Court would mean a final decision is unlikely for at least another month after the High Court case finishes.
