I am satisfied that HMG's position is that there is not, and has not been, a state of war between the United Kingdom and the Republic of Iraq... (link)
I've only skimmed this (it's late, I'm sleepy) but what's far more interesting than that statement is the precedents used in determining various bits of the judgment. The judgement cites cases back in the 1600s, and also makes the rather interesting point that technically, the UK hasn't been at war since 1939 (that being the last time the Government made a formal declaration of war).
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