Two barristers, Rabinder Singh QC and Alison MacDonald have advised, in a publicly available legal opinion, that in present circumstances a decision by the UK Government to use armed force against Iraq would be in clear breach of international law.
This opinion has been delivered for the purposes of a Legal Inquiry on these issues to take place at the large pension room, Grays Inn, London at 10.00am Friday 11 October 2002. The Inquiry will be chaired by Professor Colin Warbrick, School of law, University of Durham. Rabinder Singh QC will present the arguments for illegality and Julian Knowles, the arguments for legality. As in a judicial review, the issues will be judged at this public hearing on legal argument rather than on witness examination.
The Inquiry is being organised by the Legal Inquiry Steering Group (LISG), an ad hoc group of legal experts and peace activists.
"It is intended to result in a statement that will carry the weight of law. It will be meticulously undertaken to bear as close a resemblance as possible to strict legal proceedings. Its conclusions will be formal and authoritative."
George Farebrother, LISG
"This opinion says clearly that current UN Security Council resolutions do not authorise the use of force. It adds considerable weight to the arguments not to intervene in Iraq. Neither in the absence of an armed attack or an imminent threat of one to the UK from Iraq is there any case for a pre-emptive strike. Any force used must always be an absolute last resort after all other options have been tried and exhausted and in the case of anticipatory self-defence, there must be evidence of a pressing emergency. The UK should not follow any decision of the US to flout international law."
Phil Shiner, of Public Interest Lawyers, acting for the LISG
Whatever twists and turns evolve before the 11th October hearing, the Legal Inquiry
will examine the current legal framework of the British government position.
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