Reflections on the "New American" Revolution
Saturday, April 23, 2005
Blair blow as secret war doubts revealed
The Iraq war was thrust dramatically into the election spotlight last night after long-sought government legal advice, cautioning that the invasion could be illegal, was leaked.
The document appears to confirm for the first time that the Attorney General, Lord Goldsmith, had serious reservations about the legality of the conflict, only to change his mind as British and US troops massed on the border of Iraq ready to invade.
The government has steadfastly refused all calls to publish the document, and its sudden disclosure is bound to have an explosive effect on the election campaign, reawakening the prickly issue of voters' trust in Tony Blair, to the dismay of Labour MPs struggling to overcome anger over the war.
The 13 pages of legal advice that Goldsmith drew up on 7 March, according to a report in today's Mail on Sunday, warned that Blair could be in breach of international law for six reasons ranging from the lack of a second United Nations resolution to UN inspector Hans Blix's continuing search for weapons.
Ten days later, he apparently changed his mind, delivering a summary to Blair declaring the war was legal - the cue for the invasion.
... According to the report, the 7 March document cites, among potential risks, a strong argument that it was for the UN, not Blair, to decide whether Iraq had defied orders to disarm. While, in theory, the Prime Minister was entitled to take this decision, a court could rule otherwise.
It also questioned whether Britain could rely on UN resolution 1441 - warning of 'serious consequences' if Sad dam Hussein flouted the UN ruling - as grounds for invasion, and said it would be safer to proceed with a second UN resolution, which Blair could not obtain.
According to the newspaper report, the advice also warned it could be difficult to revive UN resolution 678, passed in 1990 when Saddam invaded Kuwait, as justification for the war. Goldsmith highlighted a report by Blix that Iraq was being more compliant.
None of these caveats appeared in the statement Goldsmith published in the House of Lords, on 17 March after giving a summary of his advice to the Cabinet.
The full legal document, apparently disclosed to the newspaper, is understood not to have been seen by the Cabinet.
Comments:
Post a Comment