The Report
of the Iraq Inquiry
could
provide such a basis.” Unless there was “a proper legal basis for
military action,
individual
members of the Armed Forces and civilian officials … would also be
potentially
liable to
charges of murder.”
127.
Mr Wood
warned that: “To advocate the use of force without a proper legal
basis
is to
advocate the commission of the crime of aggression, one of the most
serious
offences
under international law.” He also referred to the importance that:
“HMG act
in
accordance with international law, and not only because this is
required by the
128.
Mr Wright
responded:
“… I work
on the premise that if a question of military action arises, the
Attorney
General’s
opinion will be sought, in the light of the facts of the case … I
can see no
other basis
for current policy.”42
129.
On 20 August
Lord Goldsmith, the Attorney General, wrote to
Mr Powell
reminding
him that they had talked about having a further conversation in
September
(see Section 3.3).43
He would be
away on an official visit until 8 September and it
would
be helpful
if they could start now to identify what timing Mr Powell had
in mind.
130.
Lord Goldsmith
also saw Mr Wood’s minute and noted that his advice on
whether
force was
justifiable or not would be an issue.44
131.
On 23 August,
Mr McDonald wrote to Mr Wood stating that the Foreign
Secretary
thought
that this was “very serious” and would arrange to see the Attorney
General.45
132.
Lord Goldsmith
and Mr Straw discussed the legal issues on 23
September
(see Section
3.5).
133.
There is no
indication that Lord Goldsmith and Mr Blair discussed Iraq
before
22 October.
134.
A JIC
Assessment of 21 August re‑affirmed that Saddam Hussein
would
permit the
return of inspectors if he believed that the threat of large‑scale
military
action was
imminent, but he would seek to frustrate their
activities.
41
The
Ministerial Code 2001 included the duty to comply with the law,
including international law and treaty
obligations,
to uphold the administration of justice and to protect the
integrity of public life.
42
Manuscript
comment Wright to Wood and all copy addressees, 15 August 2002,
on Minute Wood
to
Wright, 15
August 2002, ‘Iraq: Legality of use of Force’.
43
Letter
Goldsmith to Powell, 20 August 2002, [untitled].
44
Manuscript
comment Goldsmith to Brummell, 23 August 2002 on Minute Brummell to
Attorney General,
22 August
2002, ‘Iraq: Legality of the Use of Force’.
45
Minute
McDonald to Legal Advisers [FCO], 23 August 2002, ‘Iraq: Legality
of Use of Force’.
116