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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
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 Friday, 02 Apr 2010 09:46:02 UTC/GMT

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