To: Peter Dierks who wrote (230982 ) 4/28/2005 2:53:41 PM From: tejek Respond to of 1571446 Goldsmith Warned Blair of Threat of Legal Action By Gavin Cordon, PA Whitehall Editor The Attorney General warned Tony Blair that British ministers and troops could face legal action over the war with Iraq, it was disclosed today. In his full 13-page legal opinion released by Downing Street, Lord Goldsmith said such attempts could range from action by the United Nations General Assembly through the international courts to common law prosecutions in the UK. “Some of these seem fairly remote possibilities, but given the strength of opposition to military action against Iraq, it would not be surprising if some attempts were made to get a case off the ground,” he warned. “We cannot be certain that they would not succeed.” The Government took the unprecedented step of releasing Lord Goldsmith’s advice after his key conclusions were leaked last night to Channel 4 News, dramatically re-igniting the election debate over Iraq. The full document confirmed that he accepted a “reasonable case” could be made for military action although he cautioned that “the safest legal course” would be to secure a new UN Security Council resolution specifically stating that Iraq had failed to meet its obligations to disarm. He added: “A ‘reasonable case’ does not mean that if the matter ever came before a court I would be confident that the court would agree with this view”. In the full document, Lord Goldsmith goes on to outline the possible sources of legal action if Britain went to war without a second Security Council resolution. He said that the case could be brought by the General Assembly of the UN or an individual member state through the International Court of Justice seeking a ruling on the legality of military action. The International Criminal Court (ICC) could scrutinise any allegations of war crimes by British forces, with CND campaigners warning that they intended to report any breaches of the Geneva Conventions to the ICC prosecutor. Finally there could be attempted prosecutions through the British courts for murder, on the grounds that the war was illegal, or for the crime of aggression. Lord Goldsmith presented his full opinion to Mr Blair on March 7 2003. It was never shown to the Cabinet which instead, ten days later on the eve of war, was given a single-page document stating Lord Goldsmith’s view that military action was lawful. Ministers today strongly denied claims that he had changed his mind in the intervening period. They said the second document reflected the fact there was fresh evidence of Iraq’s failure to comply with its UN obligations while attempts to get a second resolution had broken down.news.scotsman.com