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Lord Goldsmith raised his doubts about the legality of using military action in
Iraq to Prime Minister Tony Blair, the U.S. strongest ally in the war, in a 13-page
document dated March 7, 2003, the newspaper said.
The Guardian added that the British government was so concerned that it might
be prosecuted to the extent that it formed a team of lawyers to be ready for
any action in an international court.
The paper also said that Elizabeth Wilmshurst, deputy legal adviser at the
Foreign Office, who resigned in protest against the Iraq war, described the
planned invasion as a “crime of aggression”.
She also said that she could never agree to military action in circumstances
she said was "so detrimental to the international order and the rule of
law".
The Guardian said that its report was based on a book to be published this
week called “Lawless World," written by law professor and lawyer
Philippe Sands, who shares the London offices of Blair’s wife, Cherie
Booth.
"So concerned was the government about the possibility of such a case
that it took steps to put together a legal team to prepare for possible international
litigation," Sands wrote.
Goldsmith couldn’t be reached for comment.
The attorney general has previously denied claims that he swallowed his own
concerns about the Iraq war to provide Blair with a legal cover after the UK
and the U.S. failed to win the United Nations support for a resolution authorizing
military action.
According to Sands, Goldsmith warned that: "If the argument were to come
before a court of law it might well be unsuccessful, so the use of force could
be found to be illegal."
But Sands said that ten days later, on March 17, Goldsmith said in parliament
that it was “plain” that Iraq was violating UN resolution 1441 which
demanded it to comply with disarmament obligations.
"Plain to whom?" Sands asks in his book. "(Goldsmith remarks)
was neither a summary nor a precis of any of the earlier advices which the attorney
general had provided."
Blair, who is getting ready to fight an election expected in May, has rejected
calls to release Goldsmith’s legal advice.
The invasion of Iraq has affected the prime minister’s public ratings
and divided his own ruling Labour Party.