Court martial highlights importance of legality of the war

[cal04]

Few controversies have divided the British people more than the question of the legality of the war with Iraq.
Among those who believe the 2003 conflict to be unlawful are some of the world's leading experts on international law, who maintain that without a second UN resolution the American and British forces lacked the authority to invade Iraq.

Leading the argument for the British Government is Lord Goldsmith, the Attorney General. He told the Prime Minister that UN Security Council Resolution 1441, which found Saddam Hussein to have failed to disarm, could be used to justify war without a second resolution being passed, if it could be shown that Iraq was still in direct breach.

But it is now clear that even Lord Goldsmith had his reservations about the Government's position because of worries that 1441 did not explicitly set out the conditions upon which military action could be taken. Yesterday's court martial in Aldershot is further evidence that the question of whether the invasion was unlawful is not merely of interest to international jurists.

Senior military staff were so concerned about the possibility of war crimes charges that they approached Lord Goldsmith for firmer reassurances of the legal position just weeks before the conflict began. But it is not just on the battlefield that the question of the legality of the war has become so critical. In the courts lawyers have tried to show that peace protesters committing criminal damage should not be convicted of any crime because they are trying to prevent a greater wrong - an unlawful war.

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http://news.independent.co.uk/uk/legal/article357657.ece

[Kutjara]

1. It'll be interesting to see...

...how this plays out. Up to now, the UK judiciary have been characteristically supine in playing along with the Government. If enough public pressure can be brought to bear, it might cause the judges to wake up from their naps and take notice.

I know it's the wildest of fantasies, but I would love to see Phony Tony and his band of co-conspirators on trial at the Hague.

[movonne]

2. good article...