The (Il)legal Road to War

Yet anoth­er art­icle has appeared about the mess that is the wars in Afgh­anistan and Iraq. Max Hast­ings, writ­ing in the Daily Mail yes­ter­day, described how our sol­diers in Afgh­anistan feel that the con­tin­ued con­flict is point­less if there is no clear polit­ic­al strategy to resolve the situ­ation.

The Brit­ish army is over­stretched, appar­ently at the behest of the USA. Accord­ing to the art­icle, our mil­it­ary badly needs to redeploy both nor­mal troops and the SAS from Iraq to Afgh­anistan, but the US is unwill­ing to allow this to hap­pen for polit­ic­al reas­ons. The Amer­ic­ans also appear to be mak­ing shame­less use of the SAS.

So, let’s remind ourselves of how we got into this mess. At an inform­al meet­ing with Bush in 2002, Blair uni­lat­er­ally com­mit­ted this coun­try to sup­port the Amer­ic­an inva­sion of Iraq. Without the sup­port of Blair, Bush could not have pre­ten­ded that he had a mean­ing­ful inter­na­tion­al coali­tion to invade Iraq.

Hav­ing made this prom­ise, Blair needed to deliv­er. Intel­li­gence mater­i­al, rather than being used to inform policy mak­ing, was manip­u­lated to fit around pre-determ­ined decisions. This was sum­mar­ised clearly by the then head of MI6, Sir Richard Dear­love, in the notori­ous leaked “Down­ing Street Memo”, in which he is quoted as say­ing that the intel­li­gence and facts were being fixed around the policy.

Fol­low­ing on from this came the Septem­ber Dossier, which not only placed undue emphas­is on the claim that WMD could be launched against Brit­ish interests in 45 minutes, but also the fake intel­li­gence that Sad­dam was try­ing to pro­cure urani­um from Niger. And finally, we had the Dodgy Dossier of Feb­ru­ary 2003, based largely on a 12 year old PhD thes­is culled from the inter­net, but which also con­tained nug­gets of raw intel­li­gence from MI6. Inter­est­ingly, it has been estab­lished by the For­eign Affairs Select Com­mit­tee in par­lia­ment that Blair did not have pri­or writ­ten per­mis­sion from MI6 to pub­lish this intel­li­gence, which leaves him wide open to pro­sec­u­tion under Sec­tion 1(1) of the 1989 Offi­cial Secrets Act.

These are the false asser­tions that inex­or­ably took this coun­try to war. But even if these claims had been true, aggress­ive war is illeg­al under both inter­na­tion­al and Brit­ish law. A raft of legis­la­tion pro­hib­its our coun­try enga­ging in any mil­it­ary action except in self-defence:

Just Foreign Policy Iraqi Death EstimatorThe Gen­er­al Treaty for the Renun­ci­ation of War (Kel­logg-Bri­and Pact)
The United Nations Charter
The Nurem­burg Judg­ment
The Nurem­burg Prin­ciples
The Rome Stat­ute of the Inter­na­tion­al Crim­in­al Court
The UK’s Inter­na­tion­al Crim­in­al Court Act 2001

The Iraq and Afghan wars are unwinnable and illeg­al. It is time for the people of the UK to inform them­selves of the laws of war and demand that they be upheld. We are all equal under the law – even the former Prime Min­is­ter. Every day we delay res­ults in the deaths of more of our ser­vice­men and of yet more inno­cent people in the Middle East.

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