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18/11/2008
Lord Bingham Criticises 'Flawed' Iraq Advice
A former top judge has said legal advice given to Tony Blair prior to the Iraq was fundamentally "flawed".
Lord Bingham, who stepped down in July, described Britain’s invasion of Iraq as "flawed in two fundamental respects".
He also criticised Lord Goldsmith’s advice to Mr Blair, saying there was no "hard evidence" that Iraq had defied UN resolutions "in a manner justifying resort to force".
Delivering the annual Grotius Lecture, marking the 50th anniversary of the British Institute of International and Comparative Law, Lord Bingham referred to a written parliamentary statement made by Lord Goldsmith on 17 March 2003.
In the statement, he confirmed that a war in Iraq would be legal on the grounds of existing UN resolutions.
Lord Bingham said: "It was not plain that Iraq had failed to comply in a manner justifying resort to force and there were no strong factual grounds or hard evidence to show that it had.
"Hans Blix and his team of weapons inspectors had found no weapons of mass destruction, were making progress and expected to complete their task in a matter of months."
Lord Goldsmith, responding to Lord Bingham’s criticisms, insisted the invasion of Iraq was legal.
He said: "I would not have given that advice if it were not genuinely my view.
"Lord Bingham is entitled to his own legal perspective five years after the event, but at the time and since then many nations other than ours took part in the action and did so believing that they were acting lawfully."
(JM)
Lord Bingham, who stepped down in July, described Britain’s invasion of Iraq as "flawed in two fundamental respects".
He also criticised Lord Goldsmith’s advice to Mr Blair, saying there was no "hard evidence" that Iraq had defied UN resolutions "in a manner justifying resort to force".
Delivering the annual Grotius Lecture, marking the 50th anniversary of the British Institute of International and Comparative Law, Lord Bingham referred to a written parliamentary statement made by Lord Goldsmith on 17 March 2003.
In the statement, he confirmed that a war in Iraq would be legal on the grounds of existing UN resolutions.
Lord Bingham said: "It was not plain that Iraq had failed to comply in a manner justifying resort to force and there were no strong factual grounds or hard evidence to show that it had.
"Hans Blix and his team of weapons inspectors had found no weapons of mass destruction, were making progress and expected to complete their task in a matter of months."
Lord Goldsmith, responding to Lord Bingham’s criticisms, insisted the invasion of Iraq was legal.
He said: "I would not have given that advice if it were not genuinely my view.
"Lord Bingham is entitled to his own legal perspective five years after the event, but at the time and since then many nations other than ours took part in the action and did so believing that they were acting lawfully."
(JM)
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Britain celebrates Trafalgar bicentenary
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