5 |
Advice on the legal basis for military action, November 2002 to
March 2003
589.
An article in
the Financial
Times on Saturday 8
March referred to an interview with
Lord
Archer, Solicitor General from 1974 to 1979, that was to be
broadcast the following
day
on GMTV’s
Sunday programme.230
The article
stated that Lord Archer would reject
the
position “that resolution 1441 provided sufficient legal authority”
for military action.
It also
stated that civil servants were understood to be putting pressure
on Sir Andrew
Turnbull to
show them the Attorney General’s advice.
590.
On 9 March, an
article in the Sunday
Times warned that
there would be
“a rebellion”
of up to 200 Labour MPs if Mr Blair proceeded to military
action without
a second
UN resolution authorising military action.231
“Conservatives
urged the Government to say whether Lord Goldsmith,
the
Attorney
General, had given legal approval for military action to be taken
under any
circumstances.”
592.
In an
interview broadcast in the late evening of 9 March as part of
the BBC Radio
4
Westminster
Hour programme, Ms
Short was asked if she would resign if there was no
mandate
from the UN for war.232
She
said:
“Absolutely.
There’s no question about that.
“If there
is not UN authority for military action or if there is not UN
authority for the
reconstruction
of the country, I will not uphold a breach of international law or
this
undermining
of the UN and I will resign from the Government.”
593.
Ms Short’s
comments were widely reported in the media on 10
March.
594.
Mr Straw
made a statement to the House of Commons on 10 March
2003.
595.
On 10 March,
in an oral statement to the House of Commons, Mr Straw
reported
on his
attendance at the ministerial meeting in the Security Council on 7
March (see
Sections
3.7 and 3.8).233
596.
In response to
a question from Mr Michael Ancram, Deputy Leader of
the
Opposition
and Shadow Secretary of State for Foreign and Commonwealth Affairs,
as
230
Financial
Times, 8 March
2003, Warning
over ‘unlawful’ war.
231
Sunday
Times, 9 March
2003, 200 Labour
MPs revolt over war.
232
The
Independent, 10 March
2003, Short will
quit if Britain goes to war without UN resolution.
233
House of
Commons, Official
Report, 10 March
2003, columns 22-24.
107