Protestors who had been convicted of offences under the Criminal Justice and Public Order Act 1994 s.68, following action by them at military bases in protest against the Iraq war, could not argue that they had been seeking to disrupt an unlawful activity as their allegations that crimes against peace or crimes of agression had been committed were not justiciable in the English courts. Issues of war crimes under the International Criminal Court Act 2001 s.51 and the use of reasonable force to prevent crime under the Criminal Law Act 1967 s.3 were justiciable but on the facts the protestors had not raised any issues that had required the court to determine whether any unlawful activity had taken place or whether any crime had been committed.

[2005] EWHC 684 (Admin)