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Thanks for update Andrew. Check out the following: Keir Starmer Monday March 17, 2003 The Guardian http://www.guardian.co.uk/Iraq/Story/0,2763,915579,00.html Max Le Blond ----- Original Message ----- From: "Andrew Goreing" <amg@newnham.org> To: <casi-discuss@lists.casi.org.uk> Sent: Tuesday, March 18, 2003 5:06 AM Subject: [casi] Lord Goldsmith's advice > For those who haven't seen it (and are interested) Attorney-General Lord > Goldsmith's reasoning for the legality of attacking Iraq is as follows: > > **** > > source: http://news.bbc.co.uk/1/hi/uk_politics/2857347.stm > > Lord Goldsmith: Iraq has failed to comply > > The Attorney General, Lord Goldsmith, spelled out the UK Government's legal > basis for military action in a parliamentary written answer. > > He argued that the combined effect of previous UN resolutions on Iraq dating > back to the 1990 invasion of Kuwait allowed "the use of force for the > express purpose of restoring international peace and security". > > Below is the full text of his statement. > > All of these resolutions were adopted under Chapter VII of the UN Charter > which allows the use of force for the express purpose of restoring > international peace and security: > > 1. In resolution 678 the Security Council authorised force against Iraq, to > eject it from Kuwait and to restore peace and security in the area. > > 2. In resolution 687, which set out the ceasefire conditions after Operation > Desert Storm, the Security Council imposed continuing obligations on Iraq to > eliminate its weapons of mass destruction in order to restore international > peace and security in the area. > > Resolution 687 suspended but did not terminate the authority to use force > under resolution 678. > > 3. A material breach of resolution 687 revives the authority to use force > under resolution 678. > > 4. In resolution 1441 the Security Council determined that Iraq has been and > remains in material breach of resolution 687, because it has not fully > complied with its obligations to disarm under that resolution. > > 5. The Security Council in resolution 1441 gave Iraq "a final opportunity to > comply with its disarmament obligations" and warned Iraq of the "serious > consequences" if it did not. > > 6. The Security Council also decided in resolution 1441 that, if Iraq failed > at any time to comply with and cooperate fully in the implementation of > resolution 1441, that would constitute a further material breach. > > 7. It is plain that Iraq has failed so to comply and therefore Iraq was at > the time of resolution 1441 and continues to be in material breach. > > 8. Thus, the authority to use force under resolution 678 has revived and so > continues today. > > 9. Resolution 1441 would in terms have provided that a further decision of > the Security Council to sanction force was required if that had been > intended. > > Thus, all that resolution 1441 requires is reporting to and discussion by > the Security Council of Iraq's failures, but not an express further decision > to authorise force. > > I have lodged a copy of this answer, together with resolutions 678, 687 and > 1441 in the Library of both Houses. > > **** > > Comments from legal eagles please. > > Andrew Goreing > > > _______________________________________________ > Sent via the discussion list of the Campaign Against Sanctions on Iraq. > To unsubscribe, visit http://lists.casi.org.uk/mailman/listinfo/casi-discuss > To contact the list manager, email casi-discuss-admin@lists.casi.org.uk > All postings are archived on CASI's website: http://www.casi.org.uk _______________________________________________ Sent via the discussion list of the Campaign Against Sanctions on Iraq. To unsubscribe, visit http://lists.casi.org.uk/mailman/listinfo/casi-discuss To contact the list manager, email casi-discuss-admin@lists.casi.org.uk All postings are archived on CASI's website: http://www.casi.org.uk