An aide to the Attorney General is to appear in court in the case of 14 Greenpeace activists accused of chaining themselves to tanks.
The group say the protests were "necessary" to stop an "illegal" war.
They have summoned the Attorney General Lord Goldsmith to court, saying his advice to ministers on the legality of the war is crucial to their defence.
Lord Goldsmith's QC will appear in court on Wednesday to discuss the summons.
'Defence of necessity'
Southampton magistrates court heard on Tuesday that the group was trying to make the public aware that arms that might be used in an unlawful war were being loaded on to tanks.
The 14 activists are charged with aggravated trespass and criminal damage at Marchwood Military Ports on 3 February 2003.
They have lodged the same "defence of necessity" used by GCHQ whistleblower Katherine Gun.
The case against Mrs Gun was dropped after her lawyers asked to see Lord Goldsmith's advice last month.
Greenpeace lawyer Tim Owen QC said: "There are in existence, or were in existence, two versions of the Attorney General's advice.
Not within powers
"The implication being the final version had been in the face of a specific request from the chief of defence that what was planned would, in fact, be lawful."
District Judge John Woollard ruled it was not within his powers to force the Crown Prosecution Service (CPS) to disclose the Attorney General's advice to ministers on the legality of war.
Mr Owen then applied, under section 97 of the Magistrates Court Act, to summon the Attorney General to court to discuss his advice on the conflict.
On Wednesday Lord Goldsmith's QC will appear in court to discuss the summons.