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Goldsmith to face Iraq questions Goldsmith admits Iraq legal shift
(about 14 hours later)
Former Attorney General Lord Goldsmith is set to answer questions about the legality of the 2003 Iraq war later. Lord Goldsmith changed his mind over whether a second UN resolution was needed for the 2003 war to be lawful, he has told the UK's Iraq inquiry.
He will appear before the Iraq inquiry in London, where he is likely to be asked about his advice, which paved the way for UK involvement in the invasion. Until a month before the 2003 invasion, the ex-attorney general believed it was "safer" to get a fresh UN agreement.
Critics maintain it should not have happened without a second UN resolution, but ministers say the war was justified. But he gave the "green light" after deciding force was justified by existing agreements on Iraq dating back to the end of the 1991 Gulf War.
Tony Blair, prime minister at the time, is to give evidence on Friday. With hindsight, he said his earlier position had been "too cautious".
Initial assessment Unequivocal judgment
The legality, or otherwise, of the invasion will be the focus of the all-day hearing with Lord Goldsmith. The military deserved an "unequivocal" judgment on the legality of its action before troops went into battle and that is what he provided in the middle of March, he told the inquiry.
On Tuesday, Elizabeth Wilmshurst, a Foreign Office lawyer who resigned in protest days before the war started, described the legal decision-making process as "lamentable" and lacking in transparency. Lord Goldsmith is facing six hours of questions as the legal debate over the war takes centre stage ahead of Tony Blair's appearance on Friday.
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. Critics of the war have suggested that Lord Goldsmith changed his mind about the issue in the days before the conflict, first issuing draft advice urging the need for a second resolution but a week later concluding that action was justified on the basis of existing resolutions.
In his final legal opinion on the eve of war, Lord Goldsmith advised ministers the "combined effect" of existing UN resolutions on Iraq dating back to 1991 meant the invasion was lawful. But he denied this, saying he told ministers in person in the middle of February that military force would be lawful.
However, critics of the war say the attorney general reached his decision just days after offering a much more finely balanced view of the legal issues involved in an initial assessment. He said he gave "consistent" advice that UN approval would be needed to approve military action and no other reasons were acceptable.
The Iraq inquiry is looking at the build-up, conduct and aftermath of the war. Pressed about whether UN resolution 1441, approved in November 2002 and giving Saddam a "final opportunity" to comply with UN demands, was sufficient to justify war, he said it was never "clear cut" as there were ambiguities in how it could be interpreted.
It is expected to report its findings next year. IRAQ INQUIRY TWEETS type="text/css" rel="stylesheet" href="/nol/shared/spl/hi/uk_politics/09/laura_k_twitter/css/twitter.css" />
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Tories now echoing lib dem calls for classified documents to be published, understood to include Blair-Bush letters #iraqinquiry 0 minutes ago 'Complete and utter nonsense' says Goldsmith to suggest that he was pressured to change his advice by Falconer and Sally Morgan #iraqinquiry 30 minutes ago 'The consequences did not weigh on me' - Goldsmith says he did not consider political fallout of his decisions #iraqinquiry 40 minutes ago Goldsmith says it was request from civil service and army for yes or no answer on whether war was legal that firmed up his view #iraqinquiry 45 minutes ago 'it was not good enough to say there was a reasonable case' - Goldsmith explains pressure to give categoric view on whether war was legal 48 minutes ago What is this?
He said his initial view, held until February 2002, was that getting a further resolution would be "safer" as it would put the "matter beyond doubt and nobody could have challenged the legality".
But after discussions with US and UK diplomats, Lord Goldsmith said the "true meaning" of resolution 1441 became clear and that he was confident that Iraqi non-compliance with this agreement would "revive" the authority to use force inherent in existing UN agreements.
In particular, he said it reactivated UN resolution 678 agreed at the end of the Gulf War which authorised the international community to use "all necessary means to restore international peace and security" in the region after Iraq's invasion of Kuwait.
As early as the summer of 2002, he told No 10 that other justifications for military action - including self-defence, prevention of a humanitarian disaster or regime change - would not be valid in law.
Tony Blair did not appear to welcome advice that UN authority was the only way for war to be justified, he added.
Consistent advice
However, he insisted he was not put under any pressure to reach a decision on whether the war was lawful, saying that at a meeting in Feburary 2002: "The prime minister made it clear that he accepted that it was for me to reach a judgment and he had to accept it."
INQUIRY TIMETABLE Wednesday: 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 Iraq protest lawyer attacks process Straw rejected Iraq legal advice
Lord Goldsmith denied that he had ignored the concerns of senior Foreign Office lawyers Sir Michael Wood and Elizabeth Wilmshurst who believed that the invasion amounted to a "crime of aggression" without explicit UN approval.
"I paid great attention to what their views were," he told the inquiry. "Ultimately I disagreed with the views they took."
But Lord Goldsmith criticised Jack Straw's response to Sir Michael Wood's concerns about the legality of the war in a January 2003 letter in which he said he did not accept his advice.
Although ministers were entitled to "challenge" legal advice, he was "unhappy" that the tone of the letter "appeared to be rebuking a senior legal adviser for expressing his own legal view".
Throughout the process, Lord Goldsmith said his job was to provide "accurate legal advice" whatever his "private views" on the policy.
Lord Goldsmith denied he was brought late into the process, saying he was first approached by ministers to provide provisional advice in December 2002 and the timing of this was "not uncommon".
In his 13 March opinion, Lord Goldsmith concluded the use of force was lawful but critics of the war say that ministers were not aware of the caveats contained in his 6 March assessment when he said "the safest legal course" would be to get a further UN resolution.
Although in this he stressed a "reasonable case" could be made for using existing UN resolutions to justify the use of force, he said he would not be "confident" this would be upheld in a court of law.
Earlier during Wednesday's hearing, chairman Sir John Chilcot said he shared ex-Attorney General Lord Goldsmith's "frustration" at key documents not being declassified.
Lord Goldsmith said he did not agree with the decision not to allow publication of some documents which are understood to relate to the legal basis for the war.
Sir John added: "Can I just say that the frustration is shared."
It is thought they were referring to a number of documents - which the inquiry panel can see but not make public - relating to the legal basis of the war