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To: sea_urchin who wrote (17502)3/13/2003 1:24:59 PM
From: sea_urchin  Read Replies (2) | Respond to of 81194
 
'Illegal war' could mean soldiers face prosecution

news.independent.co.uk

>>>Ministers face the real prospect of waging an illegal war, which could lead to British soldiers being prosecuted by the newly constituted International Criminal Court (ICC).

The shaky legal grounds upon which Britain and America are expected to launch their military offensive have already been exposed by the UN secretary general, Kofi Annan.

But Mr Annan's warning that military action against Iraq without a second UN resolution would be illegal is being supported by a growing number of senior British lawyers.

Stephen Solley QC, an international human rights lawyer, said yesterday: "I feel this is a defining moment in our history which our children will want to ask us about. No one has made a legal case for war."

But he said it was also clear British troops could be the first to face war crimes charges at the ICC. The court, which was formally opened in the Hague yesterday, has the power to bring to trial individual soldiers, commanders and politicians charged with war crimes.

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In the past few weeks, legal opinion has become increasingly unified in the belief that the US and its allies cannot rely on the principle of anticipatory self-defence to justify action against Iraq in the absence of a fresh UN resolution.

Article 51 of the UN charter allows self-defence only if an armed attack occurs against a member state and, even then, only until the Security Council has taken action.<<<