This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/uk_politics/8479996.stm
The article has changed 15 times. There is an RSS feed of changes available.
| Version 9 | Version 10 |
|---|---|
| Straw rejected Iraq legal advice | Straw rejected Iraq legal advice |
| (9 minutes later) | |
| Jack Straw rejected advice in early 2003 that invading Iraq without UN backing would break international law, the Iraq inquiry has heard. | Jack Straw rejected advice in early 2003 that invading Iraq without UN backing would break international law, the Iraq inquiry has heard. |
| Mr Straw's chief legal adviser at the time, Sir Michael Wood, said he warned the then foreign secretary it would "amount to the crime of aggression". | Mr Straw's chief legal adviser at the time, Sir Michael Wood, said he warned the then foreign secretary it would "amount to the crime of aggression". |
| But Mr Straw told him he was being "dogmatic" and that "international law was pretty vague", Sir Michael said. | But Mr Straw told him he was being "dogmatic" and that "international law was pretty vague", Sir Michael said. |
| Attorney General Lord Goldsmith had the final say on legal matters, he added. | Attorney General Lord Goldsmith had the final say on legal matters, he added. |
| And it was Lord Goldsmith who ultimately advised then Prime Minister Tony Blair that force could be used without a second UN resolution. | And it was Lord Goldsmith who ultimately advised then Prime Minister Tony Blair that force could be used without a second UN resolution. |
| 'Not authorised' | 'Not authorised' |
| Arguments about the legality are taking centre stage at the inquiry ahead of Lord Goldsmith's own appearance on Wednesday. | Arguments about the legality are taking centre stage at the inquiry ahead of Lord Goldsmith's own appearance on Wednesday. |
| Elizabeth Wilmshurst, the Foreign Office lawyer who resigned because she thought the invasion was illegal, told the inquiry that the manner in which ministers handled the legal arguments for and against war was "lamentable". | |
| She said it was "extraordinary" that Lord Goldsmith had only been asked for his opinion about the war just days before British troops went into action and the process was not "transparent" enough. | She said it was "extraordinary" that Lord Goldsmith had only been asked for his opinion about the war just days before British troops went into action and the process was not "transparent" enough. |
| Sir Michael said it was unprecedented for his advice to be rejected | Sir Michael said it was unprecedented for his advice to be rejected |
| 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 neither met to agree Iraq was in "material breach" of existing disarmament resolutions nor explicitly approved the use of force. | 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 neither met to agree Iraq was in "material breach" of existing disarmament resolutions nor explicitly approved the use of force. |
| "I considered that the use of force against Iraq in March 2003 was contrary to international law," he said | "I considered that the use of force against Iraq in March 2003 was contrary to international law," he said |
| Newly declassified letters published by the inquiry show Sir Michael raised his concerns directly with the foreign secretary. | Newly declassified letters published by the inquiry show Sir Michael raised his concerns directly with the foreign secretary. |
| On 24 January 2003, Sir Michael wrote to Mr Straw 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 24 January 2003, Sir Michael wrote to Mr Straw 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. |
| "To use force without Security Council authority would amount to the crime of aggression," he wrote. | "To use force without Security Council authority would amount to the crime of aggression," he wrote. |
| In his reply, also published by the inquiry on Tuesday, Mr Straw said he "noted" Sir Michael's advice but did "not accept it". | In his reply, also published by the inquiry on Tuesday, Mr Straw said he "noted" Sir Michael's advice but did "not accept it". |
| Assessing what would constitute a legal basis for war, he said: "I am as committed as anyone to international law and its obligations but it is an uncertain field. In this case, the issue is an arguable one, capable of honestly and reasonably held differences of view." | Assessing what would constitute a legal basis for war, he said: "I am as committed as anyone to international law and its obligations but it is an uncertain field. In this case, the issue is an arguable one, capable of honestly and reasonably held differences of view." |
| Mr Straw said he hoped to secure a further UN resolution "for political reasons" but there was a "strong case" that existing resolutions and subsequent Iraqi non-compliance "provide a sufficient basis in international law to justify military action". | Mr Straw said he hoped to secure a further UN resolution "for political reasons" but there was a "strong case" that existing resolutions and subsequent Iraqi non-compliance "provide a sufficient basis in international law to justify military action". |
| Asked about Mr Straw's reaction to his letter voicing concerns, Sir Michael said the foreign secretary had told him he was being "dogmatic and international law was pretty vague". | Asked about Mr Straw's reaction to his letter voicing concerns, Sir Michael said the foreign secretary had told him he was being "dogmatic and international law was pretty vague". |
| He said Mr Straw also told him at their meeting that he had "often been advised things were unlawful and gone ahead anyway and won in the courts" when he was home secretary. | He said Mr Straw also told him at their meeting that he had "often been advised things were unlawful and gone ahead anyway and won in the courts" when he was home secretary. |
| Asked by the inquiry about Mr Straw's analysis of the legal position regarding the invasion of Iraq, 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." | Asked by the inquiry about Mr Straw's analysis of the legal position regarding the invasion of Iraq, 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." |
| He told the inquiry his advice had never been rejected by a minister before or since. | He told the inquiry his advice had never been rejected by a minister before or since. |
| Attorney's advice | Attorney's advice |
| But 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. | But 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. | 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. |
| 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 Profile: Elizabeth Wilmshurst | 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 Profile: Elizabeth Wilmshurst |
| 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". | 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". |
| "It was unfortunate advice was not given at an earlier stage." | "It was unfortunate advice was not given at an earlier stage." |
| Sir Michael said he had briefly considered resigning over his objections, particularly when Ms Wilmshurst, his deputy at the time, put in a request in for early retirement, but he decided such a move would be "disruptive" to the government's legal department. | Sir Michael said he had briefly considered resigning over his objections, particularly when Ms Wilmshurst, his deputy at the time, put in a request in for early retirement, but he decided such a move would be "disruptive" to the government's legal department. |
| Ms Wilmshurst resigned on the eve of the conflict, arguing "an unlawful use of force on such a scale amounts to the crime of aggression". | Ms Wilmshurst resigned on the eve of the conflict, arguing "an unlawful use of force on such a scale amounts to the crime of aggression". |