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Goldsmith admits Iraq legal shift Goldsmith admits Iraq legal shift
(10 minutes 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. Lord Goldsmith has admitted he changed his legal view of the Iraq war but said it was "complete nonsense" to claim he did so because of political pressure.
Until a month before the 2003 invasion, the ex-attorney general believed it was "safer" to get a fresh UN agreement. Until a month before the 2003 invasion, the ex-attorney general believed it was "safer" to get a fresh UN resolution.
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. But he gave the "green light" after deciding force was justified by UN accords on Iraq dating back to 1991.
With hindsight, he said his earlier position had been "too cautious". In a day-long Iraq inquiry session he also said he was surprised the cabinet did not want to discuss his advice.
Unequivocal judgment Asked why he left it as late as 13 March to issue a definitive statement that war was lawful, he said that was when the military had sought a "yes or no" answer.
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. 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 class="" href="/2/hi/uk_news/politics/8483506.stm">Straw defends ignoring advice class="" href="/2/hi/uk_news/politics/8483558.stm">Lib Dem fears over 'secrecy'
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. The military deserved an "unequivocal" judgment on the legality of its action before troops went into battle, he said, although in the past such statements had not been needed.
"They were entitled to have a clear view. They weren't to be put in the position of being sent off, maybe it is, maybe it isn't lawful'.
"There was no other way of anybody answering that question but me. It was my responsibility... I reached the view that, on balance, the better view was that it was lawful."
However, he revealed that he told ministers at the time that the UK could still be taken to court in the event of military action.
Not 'pinned to wall'
Lord Goldsmith spent six hours being questioned as the legal debate over the war takes centre stage ahead of Tony Blair's appearance on Friday.
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.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.
But he denied this, saying he told ministers in person in the middle of February that military force would be lawful. But he denied this, saying he told ministers in person in the middle of February that there was a "reasonable case" that military force would be lawful without a further mandate.
He said he gave "consistent" advice that UN approval would be needed to approve military action and no other reasons were acceptable. He also insisted he had not come under political pressure to issue the statement, saying he did not "recall" Tony Blair raising the subject at a key meeting in Downing Street on 11 March.
Reports that he had been "pinned" to the wall by Labour peer Lord Falconer, a close ally of Tony Blair ally, during a meeting on the issue was "complete and utter nonsense".
As tensions over Iraq intensified in the summer of 2002, he said he gave "consistent" advice that UN approval would be needed to approve military action and told No 10 that other justifications such as self-defence, prevention of a humanitarian disaster or regime change would not be lawful.
UN debate
Tony Blair did not appear to welcome advice that UN authority was the only way for war to be justified, he told the inquiry.
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.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.
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 he said that he was confident that Iraqi non-compliance with this agreement would "revive" the authority to use force inherent in existing UN agreements.
IRAQ INQUIRY TWEETS IRAQ INQUIRY TWEETS
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Panel move on to probs of reconstruction in Iraq - time is running out, but inquiry could call Goldsmith again if they wish #iraqinquiry 12 minutes ago Tories now echoing lib dem calls for classified documents to be published, understood to include Blair-Bush letters #iraqinquiry 28 minutes ago 'Complete and utter nonsense' says Goldsmith to suggest that he was pressured to change his advice by Falconer and Sally Morgan #iraqinquiry 58 minutes ago 'The consequences did not weigh on me' - Goldsmith says he did not consider political fallout of his decisions #iraqinquiry About 1 hour 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 About 1 hour ago What is this? Panel move on to probs of reconstruction in Iraq - time is running out, but inquiry could call Goldsmith again if they wish #iraqinquiry 22 minutes ago Tories now echoing lib dem calls for classified documents to be published, understood to include Blair-Bush letters #iraqinquiry 39 minutes ago 'Complete and utter nonsense' says Goldsmith to suggest that he was pressured to change his advice by Falconer and Sally Morgan #iraqinquiry About 1 hour ago 'The consequences did not weigh on me' - Goldsmith says he did not consider political fallout of his decisions #iraqinquiry About 1 hour 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 About 1 hour 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". In particular, he said it would reactivate 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.
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. Lord Goldsmith denied that he ignored the concerns of Foreign Office lawyers Sir Michael Wood and Elizabeth Wilmshurst who believed the invasion would be a "crime of aggression" without explicit UN approval.
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. "I paid great attention to what their views were," he told the inquiry, adding that he disagreed with their opinions.
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.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". Although ministers were entitled to "challenge" legal advice, he believed 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.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". Earlier during Wednesday's hearing, chairman Sir John Chilcot said he shared Lord Goldsmith's "frustration" at key documents not being declassified.
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. Lord Goldsmith said he did not agree with the decision not to publish some documents understood to relate to the legal basis for the war.
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."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 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.