A former Iraqi general cannot bring a private criminal prosecution of Tony Blair, the former prime minister, over the Iraq war, the High Court has ruled.

Two senior judges ruled that a private prosecution of the former prime minister sought by General Abdulwaheed Shannan Al Rabbat should be blocked.

The general, a former chief of staff of the Iraqi army, had alleged that Mr Blair had committed the crime of “aggression” through his participation in the 2003 decision to invade Iraq and overthrow the regime of Saddam Hussein.

He wants to see Mr Blair, ex- foreign secretary Jack Straw and Lord Goldsmith, former attorney general face charges.

The High Court appeal centred around a refusal by Westminster magistrates court to issue summonses for the private prosecution last year.

A district judge at Westminster magistrates had blocked the case last year saying ex-ministers had immunity from prosecution and adding that attorney general Jeremy Wright would have to consent to the case being brought.

The retired general, who now lives in Oman, appealed the decision to the High Court which ruled on the case on Monday.

Lord Thomas, the outgoing Lord Chief Justice ruled the general’s attempt to bring the case should be blocked as there was no crime of aggression under English law and parliament had not chosen to make such conduct criminal under domestic law.

He said the court was bound by an earlier House of Lords decision in 2006 which found in the context of the Iraq invasion there was no crime of aggression in English law – although such an offence existed in international law.

During the High Court hearings, the general’s legal team had argued that a prosecution should be brought following the 2016 report into the invasion of Iraq by Sir John Chilcot.

Michael Mansfield QC, acting for the general, argued that the report showed that Saddam Hussein had not posed an immediate threat to the interests of the UK and the invasion was unnecessary.

The Attorney General had also intervened in the court case and argued that the case for a private prosecution was “hopeless” and should not be brought because the crime of aggression was not recognised in English law.

Copyright The Financial Times Limited . All rights reserved. Please don't copy articles from FT.com and redistribute by email or post to the web.