(snip)
Refusing to commit troops already stationed in Kuwait, senior military leaders were adamant that war could not begin until they were satisfied that neither they nor their men could be tried. Some 10 days later, Britain and America began the campaign.
Goldsmith also wrote to Blair at the end of January voicing concerns that the war might be illegal without a second resolution from the United Nations. Opposition MPs seized on The Observer's revelations last night, accusing Goldsmith of caving in to political pressure from the Prime Minister to change his legal advice on the eve of war.
Senior Whitehall sources involved in putting together critical legal advice on the war told The Observer that Goldsmith was originally 'sitting on the fence' and that his initial advice was 'prevaricating'. This was 'tightened' up only days before the conflict began after concerns were raised by Sir Michael Boyce, the then Chief of Defence Staff, who told senior ministers of his worries. It is believed that Boyce demanded an unequivocal statement that the invasion of Iraq was lawful. It is understood that it was only after seeing Goldsmith's final legal advice, given days before the outbreak of war, that Boyce gave his approval.
Without this legal reassurace, military leaders and their troops could have laid themselves open to charges of war crimes. At the time, UK troops were already in Kuwait poised for an invasion.
(contd)
http://observer.guardian.co.uk/politics/story/0,6903,1158801,00.html