It is unclear whether it was illegal. The UN certainly did not authorize, or contemplate such an invasion, thus their extremely carefully worded resolutions on Iran recently. Which I'm sure you've noticed.
"Prof Sands says Sir Jeremy Greenstock, Britain's UN ambassador at the time, told a foreign colleague he was "clearly uncomfortable" about the failure to get a second resolution. Foreign Office lawyers consistently warned that an invasion would be regarded as unlawful. The book reveals that Elizabeth Wilmshurst, the FO's deputy chief legal adviser who resigned over the war, told the Butler inquiry into the use of intelligence during the run-up to the war, of her belief that Lord Goldsmith, the attorney general, shared the FO view. According to private evidence to the Butler inquiry, Lord Goldsmith told FO lawyers in early 2003: "The prime minister has told me that I cannot give advice, but you know what my views are".
On March 7 2003 he advised the prime minister that the Bush administration believed that a case could be made for an invasion without a second UN resolution. But he warned that Britain could be challenged in the international criminal court. Ten days later, he said a second resolution was not necessary."
While you may not think it was illegal, there is nothing "obvious" about it. |