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Iraq war 'unlawful' says adviser Straw warned Iraq war 'unlawful'
(about 2 hours later)
The Foreign Office's most senior lawyer has said he believed the invasion of Iraq flouted international law. Foreign Secretary Jack Straw was warned by his chief legal adviser two months before the invasion of Iraq that such a move would be unlawful.
In written evidence to the Iraq inquiry Sir Michael Wood said he thought the use of force against Iraq was "contrary to international law". Sir Michael Wood told the Iraq inquiry he advised Mr Straw in January 2003 explicit UN authorisation was needed.
He told the inquiry, in person, that he thought a further UN resolution was needed to sanction military action. He said Mr Straw told him he disagreed with his analysis and suggested legal arguments on the issue were "vague".
Attorney General Lord Goldsmith advised ministers force was permissible on the basis of existing UN resolutions. Attorney General Lord Goldsmith advised ministers that existing UN resolutions on Iraq did authorise the use of force.
'Not authorized' 'Not authorised'
Arguments about the legality of the war are taking centre stage this week as former Lord Goldsmith gives evidence on Wednesday and ahead of former prime minister Tony Blair's appearance on Friday. Arguments about the legality of the war are taking centre stage this week as former Attorney General Lord Goldsmith gives evidence on Wednesday and ahead of former Prime Minister Tony Blair's appearance on Friday.
Elizabeth Wilmshurst, the Foreign Office lawyer who resigned because she thought the invasion was illegal, is appearing later on Tuesday.Elizabeth Wilmshurst, the Foreign Office lawyer who resigned because she thought the invasion was illegal, is appearing later on Tuesday.
In documents published by the inquiry, Sir Michael - chief legal adviser to the Foreign Office between 2001 and 2006 - said he believed the March 2003 invasion did not have a legal basis. I considered that the use of force against Iraq in March 2003 was contrary to international law Sir Michael Wood
Sir Michael - chief legal adviser to the Foreign Office between 2001 and 2006 - said he believed the invasion did not have a legal basis as the UN Security Council had not agreed Iraq was in "material breach" of existing disarmament resolutions and did not explicitly approve the use of force.
"I considered that the use of force against Iraq in March 2003 was contrary to international law," he wrote."I considered that the use of force against Iraq in March 2003 was contrary to international law," he wrote.
"In my opinion that use of force had not been authorized by the Security Council and had no other legal basis in international law." "In my opinion that use of force had not been authorised by the Security Council and had no other legal basis in international law."
Sir Michael said he had raised his concerns about legal issues with Jack Straw, Foreign Secretary at the time. Sir Michael said he had raised his concerns directly with Mr Straw.
However, Sir Michael said he had made it clear that it was ultimately up to Lord Goldsmith to advise ministers on whether the use of the force against Iraq would be lawful. On 24 January 2003, Sir Michael wrote to the foreign secretary telling him the "UK cannot lawfully use force in Iraq in ensuring compliance" on the basis of existing UN resolutions, including resolution 1441 which gave Saddam a "final opportunity" to comply in November 2002.
On the eve of the conflict, Ms Wilmshurst argued that "an unlawful use of force on such a scale amounts to the crime of aggression". In his reply, due to be published by the inquiry on Tuesday, Sir Michael said Mr Straw said he did not agree with his advice, adding the legal arguments were "uncertain".
INQUIRY TIMETABLE Tuesday: Ex-Foreign Office legal advisers Sir Michael Wood and Elizabeth Wilmshurst will appear, as will former Foreign Secretary Margaret BeckettWednesday: Former Attorney General Lord Goldsmith, who advised ministers the invasion was lawful, will give evidenceFriday: Former Prime Minister Tony Blair will make his long-awaited appearance Asked about Mr Straw's reaction to his letter, Sir Michael said the foreign secretary told him he was being "dogmatic".
She is expected to tell inquiry chairman Sir John Chilcot that Sir Michael told Lord Goldsmith - the then Attorney General - of his reservations just days before the attack on Baghdad began in 2003. He said Mr Straw told him: "I have often been advised things were unlawful and gone ahead anyway".
Just before the conflict began, Lord Goldsmith said in a statement that authority to use force came from the combined effect of existing UN resolutions. Asked about Mr Straw's analysis of the legal position, Sir Michael told the inquiry: "Obviously there are some areas of international law that can be quite uncertain. This, however, turned exclusively on the interpretation of a specific text and it is one on which I think that international law was pretty clear."
Attorney's advice
Sir Michael said he had always made it clear that it was ultimately up to Lord Goldsmith to advise ministers on whether war was lawful.
Just before the conflict began, Lord Goldsmith said in a statement that authority to use force came from the combined effect of existing UN resolutions dating back to the ceasefire after the Gulf War.
Yet 10 days earlier he had told the prime minister "the safest legal course" would be the adoption of a new UN resolution.Yet 10 days earlier he had told the prime minister "the safest legal course" would be the adoption of a new UN resolution.
BBC correspondent Peter Hunt said Lord Goldsmith's evolving views will be examined by the inquiry. INQUIRY TIMETABLE Tuesday: Ex-Foreign Office legal advisers Sir Michael Wood and Elizabeth Wilmshurst will appear, as will former Foreign Secretary Margaret BeckettWednesday: Former Attorney General Lord Goldsmith, who advised ministers the invasion was lawful, will give evidenceFriday: Former Prime Minister Tony Blair will make his long-awaited appearance class="" href="/2/hi/uk_news/8480410.stm">Profile: Elizabeth Wilmshurst
His appearance will set the scene for the appearance on Friday of Mr Blair, when he is expected to face six hours of questioning. Sir Michael said there was a reluctance among ministers to seek legal advice early on as the Iraq crisis escalated and that Lord Goldsmith's ultimate conclusion "came in very late in the day as I see it".
A delegation of protesters plan to give a "people's dossier" of questions to Sir John ahead of Mr Blair's evidence. "It was unfortunate advice was not given at an earlier stage."
On the same day that Ms Wilmshurst gives evidence, Lib Dem leader Nick Clegg is expected to call for greater protection for government whistleblowers. Sir Michael said he had briefly considered resigning over his objections, particularly when Ms Wilmshurst, his deputy at the time, put a request in for early retirement, but he decided such a move would be "disruptive" to the government's legal department.
"I was of a different view but once the attorney had spoken that was the government's view and we had to act on that basis.
"My chief complaint, or problem, with the way things came about was a question of timing. It was unfortunate that the advice was not given at an earlier stage."
Ms Wilmshurst resigned on the eve of the conflict, arguing that "an unlawful use of force on such a scale amounts to the crime of aggression".
Ahead of her appearance at the inquiry, she submitted written evidence saying she regarded "the invasion of Iraq as illegal and therefore did not feel able to continue" in her post.
Lib Dem leader Nick Clegg is expected to call for greater protection for government whistleblowers.
He will say that had such safeguards been in place in the run-up to the conflict, "Tony Blair and Gordon Brown might have been more openly challenged by officials who harboured real doubts about the war."He will say that had such safeguards been in place in the run-up to the conflict, "Tony Blair and Gordon Brown might have been more openly challenged by officials who harboured real doubts about the war."