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Straw denies ignoring legal advice ahead of Iraq war
GUARDIAN Mon, 08 Feb 2010 15:32:52 GMT
As minister returns for further questioning by Chilcot inquiry, statement says advice was considered 'with great care' Jack Straw today denied claims he had willfully ignored legal advice ahead of the Iraq war, insisting he had considered it with "great care" but had good reasons for taking another view. In a statement released today, shortly before he returned to the Iraq inquiry to give his second instalment of evidence, Straw, the foreign secretary at the time of the 2003 invasion, responded to criticisms of his initial appearance, two and a half weeks ago. Since then, the inquiry panel has heard that Straw's senior legal adviser at the time, Sir Michael Wood, and Wood's deputy, Elizabeth Wilmshurst, believed that invading Iraq would be illegal without a specific UN security council resolution authorising it. Wood told the inquiry: "[Straw] took the view that I was being very dogmatic and that international law was pretty vague and that he wasn't used to people taking such a firm position." Wilmshurst, who resigned in protest at the war, said the Foreign Office lawyers were united in their belief of the need for a second resolution. The Liberal Democrats have since accused Straw, now the justice secretary, of "hoodwinking" the public by preventing the cabinet from hearing doubts about the legality. But in a six-page memorandum put on the inquiry website today, Straw recalled his response to a telegram on the subject sent to him by Wood when the then-foreign secretary was in Washington meeting US officials in January 2003. "Far from 'ignoring' this advice, as has been suggested publicly, I read Sir Michael's minute with great care, and gave it the serious attention it deserved. So much so that I thought I owed him a formal and personal written response, rather than simply having a conversation with him," Straw said. This response ‑ which began "I note your advice, but I do not accept it" ‑ told Wood that his "categorical" tone to Straw was different from the "balanced and detailed advice" previously given to the then attorney general, Lord Goldsmith. Straw's statement recounted: "The minute sent to me said, in terms, 'But I hope that there is no doubt in anyone's mind that without a further decision of the [security] council, and absent extraordinary circumstances (of which at present there is no sign) the United Kingdom cannot lawfully use force against Iraq to ensure compliance with its [security council weapons of mass destruction] obligations. To use force without authority would amount to a crime of aggression.' "It was, however, incorrect to claim that there was 'no doubt' about the position. There was of course no doubt about the illegality of self-defence, overwhelming humanitarian necessity, or regime change per se, as a basis for military action and no one was suggesting the contrary. But there was doubt about the position, in so far as two views were set out in Sir Michael's letter of 9 December to the attorney general's office, in considerable detail. This was at the heart of the debate on lawfulness." Straw's early exchanges this afternoon with the inquiry panel, chaired by Sir John Chilcot, focused on this point, with Straw insisting he was always "very, very careful in studying and acknowledging the legal advice I received from legal advisers". Iraq war inquiry Jack Straw Iraq Peter Walker guardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds
Straw's leaked letter to Blair on Iraq | Jack Straw
GUARDIAN Mon, 18 Jan 2010 12:00:03 GMT
'Regime change per se is no justification for military action' Public interest in the forthcoming appearance of Tony Blair before the Chilcot panel is already high and the ballot for tickets to the occasion takes place today. Yesterday the Sunday Times published a document that has raised anticipation for the occasion even higher: a leaked 2002 letter to Blair from Jack Straw, in which the then foreign secretary expresses his strong doubts about the wisdom of invading Iraq. This is the text of that letter, dated 25 March 2002. SECRET AND PERSONAL PM/02/019 PRIME MINISTERCrawford/Iraq 1. The rewards from your visit to Crawford will be few. The risks are high, both for you and for the government. I judge that there is at present no majority inside the PLP for any military action against Iraq, (alongside a greater readiness in the PLP to surface their concerns). Colleagues know that Saddam and the Iraqi regime are bad. Making that case is easy. But we have a long way to go to convince them as to: (a) the scale of the threat from Iraq and why this has got worse recently; (b) what distinguishes the Iraqi threat from that of eg Iran and North Korea so as to justify military action; (c) the justification for any military action in terms of international law; and (d) whether the consequence of military action really would be a compliant, law-abiding replacement government. 2. The whole exercise is made much more difficult to handle as long as conflict between Israel and the Palestinians is so acute.The scale of the threat 3. The Iraqi regime plainly poses a most serious threat to its neighbours, and therefore to international security. However, in the documents so far presented it has been hard to glean whether the threat from Iraq is so significantly differently from that of Iran and North Korea as to justify military action (see below).What is worse now? 4. If 11 September had not happened, it is doubtful that the US would now be considering military action against Iraq. In addition, there has been no credible evidence to link Iraq with UBL and al-Qaida. Objectively, the threat from Iraq has not worsened as a result of 11 September. What has however changed is the tolerance of the international community (especially that of the US), the world having witnessed on September 11 just what determined evil people can these days perpetuate.The difference between Iraq, Iran and North Korea 5. By linking these countries together in this "axis of evil" speech, President Bush implied an identity between them not only in terms of their threat, but also in terms of the action necessary to deal with the threat, but also in terms of the action necessary to deal with the threat. A lot of work will now need to be to de-link the three, and to show why military action against Iraq is so much more justified than against Iran and North Korea. The heart of this case – that Iraq poses a unique and present danger – rests on the facts that it: • invaded a neighbour; • has used WMD and would use them again; • is in breach of nine UNSCRs.The position in international law 6. That Iraq is in flagrant breach of international legal obligations imposed on it by the UNSC provides us with the core of a strategy, and one which is based on international law. Indeed, if the argument is to be won, the whole case against Iraq and in favour (if necessary) of military action, needs to be narrated with reference to the international rule of law. 7. We also have better to sequence the explanation of what we are doing and why. Specifically, we need to concentrate in the early stages on: • making operational the sanctions regime foreshadowed by UNSCR 1382; • demanding the readmission of weapons inspectors, but this time to operate in a free and unfettered way (a similar formula to that which Cheney used at your joint press conference, as I recall). 8. I know there are those who say that an attack on Iraq would be justified whether or not weapons.......
Time to revive Sir Jeremy Greenstock's blocked Iraq war memoirs
GUARDIAN Sun, 17 Jan 2010 00:06:44 GMT
As the Chilcot inquiry begins to expose more and more forgotten skeletons from the shameful past, I wonder where Sir Jeremy Greenstock's memoirs, The Costs of War, have got to. Once our man at the UN, and the UK's highest official in Iraq's Coalition Provisional Authority, Sir Jeremy completed his insider's account of the run-up to hostilities as long ago as 2005, having made a contract with Public Affairs, USA, a division of Perseus Books, which described it at the time as "remarkably candid". Too candid, certainly, for Jack Straw's Foreign Office which effectively scotched the book. Sir Jeremy, who now runs the Ditchley Foundation, took the manuscript back, vowing to make the text more acceptable to the censor. Since when: silence. Perhaps in the spirit of full disclosure, and regime change at the FO, he can be persuaded to lift the text from the bottom drawer. Iraq war inquiry Jack Straw Politics and Iraq Robert McCrum guardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds
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