The former Army commandant who lost his High Court challenge to the Government's decision to allow the US military to use Shannon airport has decided not to appeal.
Mr Edward Horgan said today he will not be appealing the ruling by Mr Justice Kearns to the Supreme Court.
"The majority of Judges at present sitting in the Supreme Court will not stand in the way of Government on this issue," he said, adding Ireland was now in the "dangerous situation" of having a Government that is "above the law".
"It is vital that concerned citizens should be made aware that the Government is free to plunge us into an unjust or immoral war regardless of anything the Constitution may say to the contrary," argued Mr Horgan (57), a father of three, from Castletroy, Co Limerick.
However, he insisted he was satisfied the High Court ruling had proved his claim that Irish neutrality had been compromised by the decision.
"Mr Justice Kearns declined to accept the Government's claim that permitting tens of thousands of US troops through Shannon en route to the war was consistent with even Ireland's "nuanced" neutrality," he said.
"In reaching its conclusion, the Court was satisfied that what An Taoiseach described as long-standing arrangements for the use of Shannon by US forces were no such thing".
Mr Horgan took his case on the grounds he believed that to permit US troops and munitions to be transported through Irish airspace and Shannon airport was "contrary to customary international laws on neutrality".
Earlier this month, the State was ordered by the High Court to pay half the legal costs, estimated at €100,000, incurred by Mr Horgan in his unsuccessful case.