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Thursday, 22nd July 2010

Already, the anti-war lawyers leap on Clegg’s slip

David Blackburn 12:50pm

Never one to miss the bus, Phillipe Sands QC has informed the Guardian that an international court would be ‘interested’ in Nick Clegg’s view that the Iraq War was illegal. Sands continues with his favourite homily:

‘Lord Goldsmith never gave a written advice that the war was lawful. Nick Clegg is only repeating what Lord Goldsmith told Tony Blair on 30 January 2003: that without a further UN security resolution the war would be illegal and Jack Straw knows that.’

Well, that would be right but for Goldsmith’s draft advice of the 12 February 2003, and his final clarification on 7 March 2003. Goldsmith remains a brilliant commercial lawyer; international law was not his specialism and it showed: plainly, he did not initially understand the deliberately arcane wording of UN resolution 1441, which his draft of 12 February tacitly acknowledges.

However, Clegg has put the coalition in an extremely awkward spot. The government has decided to defer the matter of legality to the Chilcot Inquiry; but Chilcot will not be deciding on the law’s legality. The deputy-prime minister’s personal slip has some way yet to run politically.

Filed under: Coalition (1871 more articles) , Iraq (155 more articles) , Jack Straw (33 more articles) , Liberal Democrats (1043 more articles) , Lord Goldsmith (4 more articles) , Nick Clegg (637 more articles) , UK politics (4908 more articles) , United Nations (83 more articles)

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charles hercock

July 22nd, 2010 1:03pm Report this comment

Clegg the clown
Tinsel Clegg
What price the wishy washy liberals now?

TrevorsDen

July 22nd, 2010 1:11pm Report this comment

Embarrassment is one thing, but a legal opinion is another.

We know the libdem opinion on the war, its well rehearsed, and that of many conservatives, but since the war was actually started by the current opposition I hardly think the political ramifications are that extreme.

And the phrase 'gaffe' is massively overstating the case.

Philip

July 22nd, 2010 1:17pm Report this comment

Whatever happened at the dispatch box it was not a slip. Clegg clearly believes the war to have been illegal and has said so repeatedly.

Ben G

July 22nd, 2010 1:22pm Report this comment

Places where Clegg is not allowed to say 'the Iraq war is illegal' (or 'I like marshmallows') without causing an international controversy;

- the despatch box in the House of Commons.

Places where he is;

- an election debate,
- standing next to a world leader at a press conference,
- his toilet,
- the House of Commons (just not at the despatch box).

Simon

July 22nd, 2010 1:28pm Report this comment

The war was unlawful as a matter of law not because the junior partner in a coalition government says it was so. Clegg may have acted naively in making his comment but the political landscape has changed so much with this coalition that we cannot always treat the Deputy PM's answers during PMQs as being representative of Cameron. Certainly, no court anywhere is going to make a ruling on the legality of the law based on what Clegg said.

TomTOm

July 22nd, 2010 1:30pm Report this comment

Either Parliament passes an Indemnification Act to protect British Soldiers from a Saville Enquiry or reference to the ICC as the US has done for its soldiers, and France for its own......or soldiers should be informed of their legal rights to refuse Orders and be provided with legal counsel for all combat units.

This game of political sidestepping of responsibility whilst thrusting ordinary soldiers into the clutches of prosecuting lawyers is far more pernicious than Nuremberg where the commanding officers and politicians took responsibility and were executed.

rogeramjet

July 22nd, 2010 1:36pm Report this comment

I detest Lawyers, and this is just Illustrates why, what total parasites they are.

We ALL KNOW the war was illegal, Nick Clegg at least has the guts to say it.

Honestly, we make so much fuss about nothing. If Blair was advised in writing or not and it was the sentiment of the whole country that this war was not desired, Nick Clegg has every reason to repeat something we all know.

wrinkled weasel

July 22nd, 2010 1:37pm Report this comment

One more step towards seeing Blair et al in the Hague as a war criminal.

It is one thing to see off a load of stinky, Westminster "peace protesters", and something wholly other to deal with former DGs of MI5. There are now too many very important people coming out of the woodwork, establishment people who know what really went on and are now ready to sing.

Ages ago I wrote that it is not an incredible scenario to see Blair arrested. Clegg has just made it that bit lest attractive to the long-odds punters.

Enjoy your freedom Mr Blair. While you have it.

Mycroft

July 22nd, 2010 1:42pm Report this comment

It was doubtless an error for Clegg to have made that remark in that particular occasion, but we all know, don't we, that the Iraq war was legally dubious?

Richard of York

July 22nd, 2010 1:43pm Report this comment

Oik was clearly seen in the back ground mouthing the words "Illegal War in Iraq"
This is clearly now an issue that could have serious side effects.
Clegg (not for the first time ) has shown himself to be very light weight.
This matter must be cleared up by the PM at the despatch box before the summer break.

Billy Blofeld

July 22nd, 2010 1:44pm Report this comment

Thanks to the Dutch inquiry we already know the Iraq War was illegal.

Now that Labour and their meddling / whitewashing ways have been removed from government - we just need the Con-Dems to ensure Tony and gang are dragged in front of the courts.

Until then - this issue will get no closure.

Andi June

July 22nd, 2010 1:48pm Report this comment

Truth should prevail. How Blair twisted it is very clear now. If the war is illegal the people responsible for the death of thousands should be charges for war crimes.

Augustus

July 22nd, 2010 1:51pm Report this comment

The international community was in agreement that Saddam Hussein had to comply with their demands. A further UN resolution may have been a political advantage under the circumstances, but was not an absolute necessity in legal terms. Blair only took an initiative which the Germans and the French, for example, hesitated to take, by agreeing to the American strategy of building up military pressure in the event that regime change would prove the safest option. Which, as it turned out, proved correct.

Chuck Unsworth

July 22nd, 2010 1:54pm Report this comment

@ RoY

"This matter must be cleared up by the PM at the despatch box before the summer break."

Or what? Total nuclear obliteration? The mass slaughter of the first born? What exactly?

Ken

July 22nd, 2010 2:04pm Report this comment

Hear hear Billy Blofeld and while that pusillanimous gang are banged about in court on that subject, they should also be made to answer additional charges related to the economic tsunami they have dumped on the world, in unholy alliance with their bankster friends.

If we are all going to be in debt for 3 generations, they should be in jail for the same duration.

Snowman

July 22nd, 2010 2:19pm Report this comment

the war may have been illegal, but history will side with Bush.

Jess The Dog

July 22nd, 2010 2:22pm Report this comment

Goldsmith never gave an opinion that the war was legal, merely that it was arguably legal. He changed his mind on the strength of the argument, quite substantially.

The question is: who would be interested? What prosecutors? What court? I can't see anyone bringing a case, even off the back of Chilcot. Clegg would need to take this further, if his government partners are willing.

Richard of York

July 22nd, 2010 2:34pm Report this comment

@Chuck

"Or what"

are you serious? Thought you had the interests of the country at heart. The deficit will not be paid down any quicker if we end up paying Billions to Iraqi's in compensation. How would you feel about Saddam's family being awarded 50 Million each?
Perhaps you want to see TB in the dock but then would you be happy for Joe Squaddie to be standing there with him?
What a numb brain.....go polish ya zimmer or read ya Daily Mail.

David Bouvier

July 22nd, 2010 2:35pm Report this comment

rogeramjet - you don't KNOW the war is illegal. You appwear to have a fervent belief that there should be a relevnat court where it should be deemed illegal.

Internatioal law lacks the depth of consistent case law to make judgements predictable, and suffers from a excess of noise from certain academics with political stances to push.

Just because Blair was a spinner does not mean that there are no arguments that would not support the legality of the law.

I would be more impressed with an anti-war brigade who argued based on evidence that the war was wrong or misguided. Calling it illegal is a shibboleth for bien pensant fools whom it makes feel better for a moment.

Victor Southern

July 22nd, 2010 4:16pm Report this comment

RoY

If Chuck and I polish our zimmers will you give an undertaking to tidy up your room and clean the bullshit off your skate board?

Chuck Unsworth

July 22nd, 2010 4:39pm Report this comment

@ RoY.

You really do need a holiday or therapy - or both. You're clearly hallucinating. Where did I remotely suggest any of that?

How about a Florida holiday? Maybe you could see about obtaining some sort of gainful employment whilst you're there - that's if they'll have you, of course.

Chuck Unsworth

July 22nd, 2010 5:07pm Report this comment

@ Victor Southern

I have a lady who polishes my Zimmer regularly (it's a true Zimmer GT, by the way - stripes, air horns, low profile tyres, leather and everything). She provides a very satisfying service at moderate cost. I'll send you her details.

Cuffleyburgers

July 22nd, 2010 5:23pm Report this comment

It is Clegg's opinion that the war was illegal - not one I share and history is unlikely ever to come to a definitive answer.

The real issue is, was the war highly ill-advised and prosecuted on largely invented evidence to satisfy the hubristic urgings of Blair?

Yes of course it was - that is now clear. At the time it seemed like a judgement call which I agreed with on the basis of the prevailing situation. I was misinformed.

I never believed a PM of the UK could be so self-serving and cynical as Blair proved to be... I was wrong.

I would be curious to know if Hague and Cameron, both individuals I greatly respect, also think they were taken for a ride? Will they ever admit that with the knowledge of hindsight they were wrong to back the war? Or were they fully informed and backed Blair's disastrous course of action anyway?

We should be told.

Richard of Moscow

July 22nd, 2010 8:40pm Report this comment

It is of no importance whether or not the war was illegal.
Clegg should have pointed out that the decision to lend British troops to this war was worse than illegal - it was unpatriotic and idiotic.
No-one with an ounce or more of sense was in any doubt that a US-led invasion would be a total cock-up, would damage the reputation of all involved, and would be a big boost for al Qaida.
If the Tories feel uncomfortable about Clegg rubbing Labour's noses in it, after Tory support for the war, they can simply argue that they underestimated the depth of New Labour's dishonesty and stupidity.

yank

July 22nd, 2010 9:28pm Report this comment

Well, I guess the cultural divide opens up wide on this issue.

Nobody here even noticed Clegg's remarks, no surprise, I suppose.

But more interestingly, nobody here would even dream of debating "illegality" or running a politician in front of the law, especially not international law.

Not even the kooks here think Kofi's 2003 gang had any credibility on this, or basically any other issue this side of the UN child rapists in Africa. And... quick now... can you name today's Kofi replacement?

Still not sure about this war, but what we can be somewhat sure of is that the US and presumably the Brits were staking their claim on the agreement from the 1991 war, and Sadaam's lack of compliance. If you're talking international law (whatever falls under that infamous umbrella), I suspect Mr. Blair will find a barrister with gills and scales enough to get him off on those grounds. So why bother with it all?

Blair was stupid enough to believe that the French would turn loose of $50-75B worth of oil contracts in Iraq, set to come on line after the sanctions came off.

Blair was also stupid enough to believe that the UN would ever let go of their cash pipeline from the oil for food swindle.

Blair was stupid, and he was probably lying, but what's served by turning this into a legal battle?

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