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-   -   Iraq legal advice leaked - Update: More leaks! (https://www.cableforum.uk/board/showthread.php?t=27850)

BBKing 27-04-2005 21:14

Iraq legal advice leaked - Update: More leaks!
 
...to the Grauniad.

http://www.guardian.co.uk/Iraq/Story...471658,00.html

Basically confirming what everyone thought it said - the attorney general said 'the war might well be illegal' before coming out 10 days later saying 'actually, it's not that illegal is it'.

I wonder who leaked it. Alastair Campbell, probably, since it shoots a lot of peoples' fox. Cynical, moi?

Tuftus 27-04-2005 21:17

Re: Iraq legal advice leaked
 
oops!!!

Chris W 27-04-2005 21:19

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by BBKing
Basically confirming what everyone thought it said - the attorney general said 'the war might well be illegal' before coming out 10 days later saying 'actually, it's not that illegal is it'.

That is what i would expect it to say- standard legal advice. It might be illegal.... but on the other hand... it might not, but either way i'm quite comfy sitting here on my fence :)

Damien 27-04-2005 22:15

Re: Iraq legal advice leaked
 
It just said what we already knew. It didnt help the government but it didnt help anyone else. What it did do was bring Iraq up again and the Blair issue again. Which is music to the Torys ears as there last week of campaigning is based on Blair anyway

etccarmageddon 27-04-2005 23:07

Re: Iraq legal advice leaked
 
The Conservative's voted FOR the Iraq war when the commons had a vote on it and if I remember rightly, they saved the day as a lot of Labour MPs were voting against it.

Damien 27-04-2005 23:22

Re: Iraq legal advice leaked
 
Yeah, but Howard isnt attacking the war. He still supports it and says it would vote the same way now. The thing is about blair and if he lied to go to war or if he had bad intelligence and went to war.

punky 28-04-2005 00:47

Re: Iraq legal advice leaked
 
Even if Saddam had disarmed everything, in a timely manner, I still would have voted to remove him. Tomorrow, if I had to.

Not that my opnion matters, but I still think the original resolutions are still active (no sunset clause, obligations not fulfilled in the appropriate timeframe).. This whole second resolution is not an issue. (its not ever a second resolution, Saddam has had enough of them in the past), but just shows what a complete waste of time the UN are. Whenever something comes up, they just talk about. They don't do anything about, just talk. A free trip to NYC with a nice bit of exes, an 18 year old prozzie, and a bit of shopping on 5th avenue to keep the missus happy - you can't blame them really.

Saying this won't increase my fanmail, but I can't see how anyone would protest to keep Saddam in power. Disagree with the war, by all means, it was badly handled most of the way through, but I just don't want to believe there's people out there who'd like who want to leave Saddam, with his sick f**kups for children in power. If they had their way, it would be Idi Amin all over again, where some of the biggest mass murderers in history get to live a life of luxury in a foreign country with full state protection.

Graham 28-04-2005 01:51

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by punky
I can't see how anyone would protest to keep Saddam in power.

Oh dear, more nonsense from the "right".

*NOBODY* has argued to keep Saddam in power. This is a typical distortion that the government has used to cloud this issue time and time again to try to get away from the fact that what they did was (even according to their own Attorney General, as has now been reveled) *illegal*.

Bush wanted a war, Bush got a war. Blair went along with him because he's an idiot.

Quote:

I just don't want to believe there's people out there who'd like who want to leave Saddam [...] in power.
Then *don't* believe it and don't fall for the BS the government is peddling.

punky 28-04-2005 02:35

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by Graham
Oh dear, more nonsense from the "right".

*NOBODY* has argued to keep Saddam in power. This is a typical distortion that the government has used to cloud this issue time and time again to try to get away from the fact that what they did was (even according to their own Attorney General, as has now been reveled) *illegal*.

Noone like Galloway, France, Russia, Germany, China? Galloway isn't the only one of his ilk in this country. Furthermore, France was going to veto any new resolutions so we know what they wanted, to protect their purses. Was Galloway going to support the war if there was another resolution? Do you think everyone would have fell in line if there was another resolution? Or that regardless what happened, people would have protested the war? Look at the protests. There was plenty of support in there for Saddam, from the extreme left.

Quote:

Bush wanted a war, Bush got a war. Blair went along with him because he's an idiot.
Says you. I'd tend to think its because Blair cares about people being killed and tortured under Saddam's rule, even when other people don't. I am no real fan of Blair, but I support Blair for his stance in removing Saddam, and personally I think the US should have gone back to remove Saddam and clear up the mess they left after Gulf war 1, or to make amends for selling Saddam weapons in the 80s (when everyone else was doing it).


Quote:

Then *don't* believe it and don't fall for the BS the government is peddling.
Its nothing to do with the government, its to do with people knowing what Saddam and his sons used to get up to and people effectively saying: "that's ok, let's leave him be". I don't want to think people could, quite frankly, be so callous.

EDIT: To clarify, the last statement I made doesn't refer to protesters who merely wanted a second resolution before agreeing to war, only those who would oppose it under all circumstances.

Chris 28-04-2005 13:32

Re: Iraq legal advice leaked
 
Bliar has now published the full document. BBC Report here:

http://news.bbc.co.uk/1/hi/uk_politi...ge/4492439.stm

Download the document itself here (PDF):

http://news.bbc.co.uk/1/shared/bsp/h...ey_general.pdf

Graham 28-04-2005 13:46

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
Oh dear, more nonsense from the "right".

*NOBODY* has argued to keep Saddam in power. This is a typical distortion that the government has used to cloud this issue time and time again to try to get away from the fact that what they did was (even according to their own Attorney General, as has now been reveled) *illegal*.

Noone like Galloway, France, Russia, Germany, China?

Please show me anything where any of them said that Saddam should be *left *in power. They, as you, yourself said: "Disagree with the war, by all means" but I don't recall anyone saying "oh no, let's just leave him there and do nothing".

Quote:

Quote:

Bush wanted a war, Bush got a war. Blair went along with him because he's an idiot.
Says you. I'd tend to think its because Blair cares about people being killed and tortured under Saddam's rule, even when other people don't.
I suggest you visit Amnesty International's website http://amnesty.org/ and look at all the *other* examples of people being killed or tortured in the world and ask yourself why he isn't doing anything about *them* too.

And indeed Amnesty's current headline article states

"A year ago photographs of Iraqi detainees being tortured by the US military at Abu Ghraib prison shocked the world. Abuses by US forces in the †œwar on terrorââ‚Ãâ €šÂ¬Ãƒâ€šÃ‚ have not been confined to Abu Ghraib; punishment of those involved or responsible has been inadequate; and torture is also used by the Iraqi security forces."

Quote:

I am no real fan of Blair, but I support Blair for his stance in removing Saddam
I am no fan of Blair and think he has lied, distorted, evaded and resorted to post-fact justifications for an illegal war.

Quote:

EDIT: To clarify, the last statement I made doesn't refer to protesters who merely wanted a second resolution before agreeing to war, only those who would oppose it under all circumstances.
In the words of our own Attorney General:

"regime change cannot be the objective of military action" although removing Saddam Hussein would be legal "if it can be demonstrated that such action is a necessary and proportionate measure to secure the disarmament of Iraq".

Given that it has now been shown that Iraq did *not* have WMDs and thus the "disarmament" of Iraq was *not* necessary, the only conclusion is that this was an *ILLEGAL* action and I don't know about you, but I think it's a *good* idea to oppose illegal actions, no matter how morally justified you may consider them because that leads down a very dangerous path.

zovat 28-04-2005 13:56

Re: Iraq legal advice leaked
 
Ok, here is my only post on this thread.

Blair followed the advice he wanted to hear (as have we all from time to time).

statement 1 - "not sure - may be illegal - may not".
statement 2 - "not illegal in terms of the resolutions thus far passed"

pretty similar - just a different angle.

Personally, Saddam needed ousting, this was the best chance of that happening (as already stated by others, France had already said that they would veto any further UN resolution).

Various states had a lot of money invested in SH (including the UK), and some of those were more afraid of losing that investment, than what SH was doing to his people, and what WMD he either did or did not have (even if he did not have them, the scientists to make them were still in Iraq, and he still had labs that could produce them if required).

<off topic slightly>
To those that want us to withdraw from Iraq before an Iraqi government is fully established and supported (including having the Iraqi Defense Force trained and fully manned), I can only say - do you want the sacrifices made by those of us that fought, and more importantly those that died, to give the average Iraqi their freedom to be for nought, by withdrawing from the country and leaving it to decline into civil war, and have another dictator take power ?

<back on topic>

It has been established that there was some "less that sound" information on which the decision was based - but lets stop bleating about that, and concentrate on how we can get the country stable, and get our boys back home knowing that the job is complete, and our comrades died for a reason..

Chris 28-04-2005 14:03

Re: Iraq legal advice leaked
 
For me, the only issue today is:

Attorney General, 7 March 2003: "the language of resolution 1441 leaves the position unclear." and "...there are a number of ways in which the opponents of military action might seek to bring a legal case ... against the UK ... we cannot be certain that they would not succeed."

Letter from no.10 to Attoney General, 15 March 2003: "it is indeed the prime minister's unequivocal view that Iraq is in further material breach of its obligations".

Lord Goldsmith, 17 March 2003:

"Authority to use force against Iraq exists from the combined effect of resolution 678, 687, and 1441.

"The Security Council also decided that if Iraq failed at any time to comply with and cooperate fully with the implementation of 1441, that would constitute a further material breach.

"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.

"Resolution 1441 would have provided that a further decision of the Security Council to sanction force was required if that had been intended. All it requires is reporting to and discussion by the Security Council of Iraq's failures, but not an express further decision to authorise force."


What the ... :erm: :disturbd: :fit:

'Tail wagging the dog' springs to mind.

BBKing 28-04-2005 14:47

Re: Iraq legal advice leaked
 
"it is indeed the prime minister's unequivocal view that Iraq is in further material breach of its obligations".

I'm rapidly entering brain meltdown here, but doesn't Lord Goldsmith's advice (very strongly worded, incidentally) on the 7th say that it *isn't* the PM's role to decide whether Iraq was in breach. Even if his view was unequivocal, it still wasn't his job to decide. Yet ten days later it suddenly is his role and the war's legal because Tony says it's legal? This stinks of herrings somewhere.

The 'you'd have left Saddam in power' argument is the last throw of a very dirty dice. He was 66 years old, bluffing on no cards, wasn't in control of more than the middle slice of his country (remember the Kurds have had democracy for years under UN-mandated no-fly zones), didn't have an army worth the name and was desperate to avoid people seeing him as being as weak as he was (scared of Iran, scared of internal dissent). Quite why we needed to enhance his big bad boy image by pretending he was about to attack us all with non-existent weapons is beyond me - portraying him as he really was would have been quite damaging to his prestige.

We could have got him out without war (and without the sacrifice of, thankfully, not many lives on our side), but that would have left the country run by the Iraqis, the US without its airbases, its lucrative contracts for friends of George, its secure, pliant base in the middle of the Middle East and of course the undemocratic restructuring of the Iraqi economy along neo-liberal lines without so much as asking the people first. By the time the Iraqis get a representative government (next year, actually) the economy will effectively be out of their control and in the hands of the corporations, the rape will be complete. Fallujah will still be in ruins though. Still, hey ho, another day, another dollar.

andyl 28-04-2005 15:02

Re: Iraq legal advice leaked
 
Excellent post BB.

I tend to agree with Andrew Marr's analysis that the Government made it much worse by not disclosing this document much earlier. One of the big questions to emerge is the style of Government pursued by Blair and following Mrs T's lead - ie, he knows best. To not provide the Cabinet with all the evidence on an issue of such importance beggars belief. The fact that the Attorney General's deputy resigned over this issue also speaks volumes.

Meanwhile this secretive and manipulative govt continues with such idiocy as ID cards. I know this takes us into new territory - but,I wouldn't trust Blair not to abuse such a system on the evidence of the handling of this issue.

punky 28-04-2005 15:36

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by Graham
Please show me anything where any of them said that Saddam should be *left *in power. They, as you, yourself said: "Disagree with the war, by all means" but I don't recall anyone saying "oh no, let's just leave him there and do nothing".

If France wanted to remove Saddam, they wouldn't have threaten to veto any 2nd resolution put to them. You think the "no-war-for-oil" brigade would suddenly be behind the coalition if we had got a second resolution?


Quote:

I suggest you visit Amnesty International's website http://amnesty.org/ and look at all the *other* examples of people being killed or tortured in the world and ask yourself why he isn't doing anything about *them* too.
I am well aware of what is going on in other countries. I have been vocal in my support of real action in Zimbabwe that Blair won't entertain, along with Darfur, and the other countries, like Executive Outcomes in places like Sierra Leone. I do also know you can't just go bombing every country into oblivion either, and that violence has to be a last resort. Nor can you enforce a western belief system on non-western countries.You judge each case as it comes.

Quote:

And indeed Amnesty's current headline article states

"A year ago photographs of Iraqi detainees being tortured by the US military at Abu Ghraib prison shocked the world. Abuses by US forces in the †œwar on terrorââ‚Ãâ €šÂ¬Ãƒâ€šÃ‚ have not been confined to Abu Ghraib; punishment of those involved or responsible has been inadequate; and torture is also used by the Iraqi security forces."
And those involved have been, and are being punished for that. The consider punishment inadequate, so thats a matter of opinion. I think its naive to think the Iraqi Security Forces would not abuse prisoners rights (the US and the UK cannot either), but I would like to compare that article with Saddam era Iraq, because I think whatever the US/UK/ISF have done in Iraq absolutely pales in comparison to what Saddam, Uday and Qusay did. I haven't heard about the US feeding people into plastic shredders lately.


Quote:

In the words of our own Attorney General:

"regime change cannot be the objective of military action" although removing Saddam Hussein would be legal "if it can be demonstrated that such action is a necessary and proportionate measure to secure the disarmament of Iraq".
And like others, he is worried that Saddam might have a few old SCUD missiles around, but doesn't seem to worried about what Saddam, Uday and Qusay were doing at the same time. I just think thats so distasteful.

Quote:

Given that it has now been shown that Iraq did *not* have WMDs and thus the "disarmament" of Iraq was *not* necessary, the only conclusion is that this was an *ILLEGAL* action and I don't know about you, but I think it's a *good* idea to oppose illegal actions, no matter how morally justified you may consider them because that leads down a very dangerous path.
Like I said before, I didn't know Gulf war 2 if Iraq had banned weapons, but I did know what Saddam, etc was upto. I support the war on that principal, and like I said at the start of this thread, I would vote to remove a fully-disarmed Saddam again, if I had to.

Chris 28-04-2005 15:58

Re: Iraq legal advice leaked
 
Worthy though these issues are, they are a bit of a side-show in the context of the announcements made over the last couple of days. Let's retain a focus here: The Attorney General talks to the PM privately in very cautious terms, then 10 days later the Attorney General tells Parliament, in strident terms, that he belives all is legal and above board.

Some (principally Andrew Marr, who when push comes to shove is a Blair sympathiser) have tried to suggest that the former was just the unpublished musings of the AG, a work in progress and not his final conclusions, whereas what he said 10 days later is his settled view. Frankly this simply doesn't wash - well not with me anyway. Goldsmith underwent something of a Damascene conversion in the intervening period and I would dearly like to know how that happened, and whether the fact that Tony B. Liar sent to him on the 15th to make clear that as far as he was concerned, everything was legal, was significant. Subtext: "Fall into line, Goldsmith"?

Graham 28-04-2005 17:15

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
Please show me anything where any of them said that Saddam should be *left *in power. They, as you, yourself said: "Disagree with the war, by all means" but I don't recall anyone saying "oh no, let's just leave him there and do nothing".

If France wanted to remove Saddam, they wouldn't have threaten to veto any 2nd resolution put to them. You think the "no-war-for-oil" brigade would suddenly be behind the coalition if we had got a second resolution?

That is not only missing the point, that is moving the goalposts as well.

France disagreed with a proposition to pass a resolution justifying an invasion. That does *not* mean they approved of what Saddam was doing.

Quote:

Quote:

I suggest you visit Amnesty International's website [...] and ask yourself why he isn't doing anything about *them* too.
I am well aware of what is going on in other countries. I have been vocal in my support of real action in Zimbabwe that Blair won't entertain [...]I do also know you can't just go bombing every country into oblivion either
Especially not ones that have no strategic value or resources...!

Quote:

and that violence has to be a last resort.
But the violence against Iraq was *NOT* the last resort!

Quote:

Nor can you enforce a western belief system on non-western countries.
I have never said that we should.

Quote:

Abuses by US forces in the †œwar on terrorââ‚Ãâ €šÂ¬Ãƒâ€šÃ‚ have not been confined to Abu Ghraib; punishment of those involved or responsible has been inadequate; and torture is also used by the Iraqi security forces."
And those involved have been, and are being punished for that. [/quote]

The little people have been made scapegoats and the people who really gave the orders (however they might have phrased them) have got away with it and, as it says, the *new* Iraqi security forces are using methods that sound very similar to those used by Saddam et al that were supposed to have been *eliminated* when we invaded!

Quote:

I think its naive to think the Iraqi Security Forces would not abuse prisoners rights
I think it's hypocritical in the extreme to suggest that people would want to keep Saddam in power where he and his cronies could abuse prisoners rights and then suggest that it is somehow *acceptable* for the "new" security forces to go and do exactly the same thing!

Quote:

I think whatever the US/UK/ISF have done in Iraq absolutely pales in comparison to what Saddam, Uday and Qusay did.
Torture and abuse of prisoners rights are *not* acceptable in *any* (so called) civilised nation, no matter that "well it's not as bad as what they did, so that's ok"!!!

Quote:

Quote:

Given that it has now been shown that Iraq did *not* have WMDs and thus the "disarmament" of Iraq was *not* necessary, the only conclusion is that this was an *ILLEGAL* action and I don't know about you, but I think it's a *good* idea to oppose illegal actions, no matter how morally justified you may consider them because that leads down a very dangerous path.
Like I said before, I didn't know Gulf war 2 if Iraq had banned weapons, but I did know what Saddam, etc was upto. I support the war on that principal, and like I said at the start of this thread, I would vote to remove a fully-disarmed Saddam again, if I had to.
Sorry, who was it who said "Nor can you enforce a western belief system on non-western countries."? Yet now you are saying that because *we* believed what he was doing was unacceptable, it was *RIGHT* for us to enforce our beliefs on him!

That is just sheer, sickening hypocrisy.

punky 28-04-2005 17:38

Re: Iraq legal advice leaked
 
Most of these posts are going into the same old moral justification, which we have been through, ad nauseam, so I am going to ignore anything which doesn't realte to Goldsmith's report, or the UN up to then.

Quote:

Originally Posted by Graham
France disagreed with a proposition to pass a resolution justifying an invasion. That does *not* mean they approved of what Saddam was doing.

They can't have it both ways. They can't disapprove of Saddam, but then refuse to do anything about it.

Quote:

But the violence against Iraq was *NOT* the last resort!
How long do you think its acceptable to give diplomacy a try? 12 years? How much longer?

Moving on, I can't let you just accuse me of being a hypocrite, but i'm taking it into PM, rather than putting it in this thread.

andyl 28-04-2005 17:47

Re: Iraq legal advice leaked
 
Calm down dears, it's only a Current Affairs thread (said the pot calling the kettles black!) ;)

Could I quietly mention Hans Blix and the state of his WMD investigation at the time of the proposed 2nd resolution. To justify military action, you have to justify threat, which in terms of citizens external to Iraq did not exist. The appalling human rights record of the baathist regime is not one to be ignored (but let's not forget our and the Americans previous support for it). Regime change was a righteous goal, but the means used to achieve it much less so, not just because of the death toll caused by the conflict but the wider damage to relations in the Middle East. There appears to have been an immutable plan to invade rather than await the outcome of Blix's investigation and no real desire to achieve a wider consensus which could have reduced the death toll - particularly in the post Saddam era - and created a more stable world than we have now.

punky 28-04-2005 18:01

Re: Iraq legal advice leaked
 
I have always said the war was badly handled, the 2nd resolution would have been better, for one reason as you said Andy, it would have helped create a more stable world (although that would be limited, as the UN hardly carries any weight or respect in that area of the world). But that leads us back to the question, is it legal, or justified to go ahead without it. With the second resolution the it would have mean relations between the coalition and the rest of the world wouldn't be so bad, but I stand by what I said, that the second resolution isn't compulsary.

andyl 28-04-2005 18:42

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by punky
I have always said the war was badly handled, the 2nd resolution would have been better, for one reason as you said Andy, it would have helped create a more stable world (although that would be limited, as the UN hardly carries any weight or respect in that area of the world).

I was thinking more that we needed to carry more Arab opinion as well as others in the Western world, rgather than it being about respect for the UN.

Quote:

But that leads us back to the question, is it legal, or justified to go ahead without it. With the second resolution the it would have mean relations between the coalition and the rest of the world wouldn't be so bad, but I stand by what I said, that the second resolution isn't compulsary.
I think from what's been revealed it was not clear cut; legal opinion was, shall we say, divided. And that is what should have been explained to Cabinet, Parliament and oiks like us, not least because the logic being given for intervention was not regime change (no threat to us or, say, Israel) but WMD (whooooh, scary). Those two inter-related facts are the salient ones for me. We went in to war on limited if not deliberately misleading information which is unacceptable in a democratic society.

punky 28-04-2005 19:24

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by andyl
I was thinking more that we needed to carry more Arab opinion as well as others in the Western world, rgather than it being about respect for the UN.

Well I think generally Arabs have about as much respect for the UN as I do.I wouldn't have though it would made a difference there, but throughout Europe and middle to west Asia anyway,

Quote:

not least because the logic being given for intervention was not regime change (no threat to us or, say, Israel) but WMD (whooooh, scary).
That is like point 3 of 22 of how badly it was handled. If it was me, and the WMD intelligence was extremely shakey (reports on that vary), I would have just pushed the humanitarian aspect, even though if I did, the war would have even less support. Exagerating can be construed as lying, and lying always comes back out to haunt you. Nothing can ever be covered up that well in this fay and age.

I am with you on that aspect though, that is wrong to be sent to a war on a lie. I don't expect politicians to be whiter-than-white, and a little exageration here-and-there is need to make things a bit more glossy, but exagerating so far out of context as to portray a lie was wrong. It isn't so bad for me, because in the end, I got the result I wanted, that Saddam is in prison and Uday/Qusay are dead. If I was against the humanitarian aspect (like some are) i'd feel pretty cheated and quite rightly so.

Tuftus 28-04-2005 20:13

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by andyl
Excellent post BB.

I tend to agree with Andrew Marr's analysis that the Government made it much worse by not disclosing this document much earlier. One of the big questions to emerge is the style of Government pursued by Blair and following Mrs T's lead - ie, he knows best. To not provide the Cabinet with all the evidence on an issue of such importance beggars belief. The fact that the Attorney General's deputy resigned over this issue also speaks volumes.

Meanwhile this secretive and manipulative govt continues with such idiocy as ID cards. I know this takes us into new territory - but,I wouldn't trust Blair not to abuse such a system on the evidence of the handling of this issue.

Good point Andy

The fact that no one actually questioned the advice also speaks volumes according to the interveiw with Hewitt on PM today...

Damien 28-04-2005 20:21

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by Chris T
Worthy though these issues are, they are a bit of a side-show in the context of the announcements made over the last couple of days. Let's retain a focus here: The Attorney General talks to the PM privately in very cautious terms, then 10 days later the Attorney General tells Parliament, in strident terms, that he belives all is legal and above board.

Some (principally Andrew Marr, who when push comes to shove is a Blair sympathiser) have tried to suggest that the former was just the unpublished musings of the AG, a work in progress and not his final conclusions, whereas what he said 10 days later is his settled view. Frankly this simply doesn't wash - well not with me anyway. Goldsmith underwent something of a Damascene conversion in the intervening period and I would dearly like to know how that happened, and whether the fact that Tony B. Liar sent to him on the 15th to make clear that as far as he was concerned, everything was legal, was significant. Subtext: "Fall into line, Goldsmith"?

They were different as the first shows a balanced case, and doesn't say it was illegal just says that the case can be made while later he says it is legal. So the change may not be as drastic anyway.

The advice here isnt the smoking gun, it is in fact what was already known before. A lot of people will be disappointed in that but there it is. As Marr has said they made this document worse than it is by hiding it when in reality it isnt anything like what some people thought it would be

Tezcatlipoca 28-04-2005 21:11

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by Damien
They were different as the first shows a balanced case, and doesn't say it was illegal just says that the case can be made while later he says it is legal. So the change may not be as drastic anyway.

The advice here isnt the smoking gun, it is in fact what was already known before. A lot of people will be disappointed in that but there it is. As Marr has said they made this document worse than it is by hiding it when in reality it isnt anything like what some people thought it would be


Not as drastic?! :confused:


The (now released) initial document contained lots of reasoning for *and* against, & included a whole load of qualifiers. The final "summary" released to Parliament contained none of Lord Goldsmith's earlier warnings about how it could easily be found to be illegal to act without further specific authorisation from the UNSC.

Also, whereas initially Goldsmith had said that it's up to the UNSC alone - not individual member states - to determine if Iraq was in breach of 1441 or not, he later determined that there was a breach simply based on Blair's inaccurate claim that there was a breach.

Plus, the earlier document said that if action were to be taken without obtaining a further resolution (& so solely using the "combined authority" of 1441, 687, & 678), "we would need to demonstrate hard evidence of non-compliance and non-cooperation" & "you will need to consider very carefully whether the evidence of non-cooperation and non-compliance by Iraq is sufficiently compelling to justify the conclusion that Iraq has failed to take its final opportunity". There was no hard evidence of non-compliance sufficient enough to declare a breach - the Iraqis were actually starting to cooperate, & Blix's latest report was much more favourable than earlier ones (plus we now know there were no weapons anyway). The only evidence used to justify the declaration of a breach is, again, Blair's own "unequivocal" view that there was indeed a breach (and remember, Goldsmith had previously said it was up to the UNSC to determine such a thing).


Sounds quite different to me!

Another thing:

Remember Elizabeth Wilmshurst, former deputy legal advisor to the Foreign Office, who resigned because she believed the war was illegal? Her resignation letter, bits of which were leaked recently, "gave us to understand" that Lord Goldsmith initially agreed with her & other Foreign Office lawyers that the war would be illegal unless a further resolution was passed, but then allegedly twice changed his advice just before, so that it would match the "...now [the] official line".


Quoting Chris & BBKing to re-iterate their similar points in case you missed them...

Quote:

Originally Posted by Chris T
For me, the only issue today is:

Attorney General, 7 March 2003: "the language of resolution 1441 leaves the position unclear." and "...there are a number of ways in which the opponents of military action might seek to bring a legal case ... against the UK ... we cannot be certain that they would not succeed."

Letter from no.10 to Attoney General, 15 March 2003: "it is indeed the prime minister's unequivocal view that Iraq is in further material breach of its obligations".

Lord Goldsmith, 17 March 2003:

"Authority to use force against Iraq exists from the combined effect of resolution 678, 687, and 1441.

"The Security Council also decided that if Iraq failed at any time to comply with and cooperate fully with the implementation of 1441, that would constitute a further material breach.

"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.

"Resolution 1441 would have provided that a further decision of the Security Council to sanction force was required if that had been intended. All it requires is reporting to and discussion by the Security Council of Iraq's failures, but not an express further decision to authorise force."


What the ... :erm: :disturbd: :fit:

'Tail wagging the dog' springs to mind.

Quote:

Originally Posted by BBKing
"it is indeed the prime minister's unequivocal view that Iraq is in further material breach of its obligations".

I'm rapidly entering brain meltdown here, but doesn't Lord Goldsmith's advice (very strongly worded, incidentally) on the 7th say that it *isn't* the PM's role to decide whether Iraq was in breach. Even if his view was unequivocal, it still wasn't his job to decide. Yet ten days later it suddenly is his role and the war's legal because Tony says it's legal? This stinks of herrings somewhere.


Graham 28-04-2005 21:30

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
France disagreed with a proposition to pass a resolution justifying an invasion. That does *not* mean they approved of what Saddam was doing.

They can't have it both ways. They can't disapprove of Saddam, but then refuse to do anything about it.

But that's *NOT* what they were saying! They were objecting to America and Britain invading and disarming Iraq by force (or engaging in regime change or whatever the current excuse was at the time!)

Quote:

Quote:

But the violence against Iraq was *NOT* the last resort!
How long do you think its acceptable to give diplomacy a try? 12 years? How much longer?
As long as necessary.

Quote:

Moving on, I can't let you just accuse me of being a hypocrite, but i'm taking it into PM, rather than putting it in this thread.
Answered in PM.

BBKing 28-04-2005 21:53

Re: Iraq legal advice leaked
 
Quote:

They can't have it both ways. They can't disapprove of Saddam, but then refuse to do anything about it.
Only if you believe that the only choice was destabilise international law or leave Saddam in power. This is grossly simplistic and wrong. No one lives forever, after all.

Another interesting point - Lord Goldsmith's original highly hedged and conscienscious legal advice of the 7th March came out on the same day as Hans Blix' third report from Iraq after he'd gone back in in December 2002. The third report stated that Iraq was being more and more co-operative, and had started destroying missiles and by the way we haven't found any WMDs where you said they'd be.

The previous reports had complained about obstruction by the Iraqis *and* the fact that Western intelligence agencies had frequently given false leads to Blix, leading to wild goose chases. In other words Blix was doubting the quality of intelligence, and asked for more time to search. Let's apply logic

The evidence of the weapons inspectors was key to Goldsmith's legal opinion

Goldsmith presumably hadn't read the third report which stated that Iraq was co-operating when he was weighing the evidence (unless he dashed a 13 page document for the attention of the Prime Minister in a couple of hours, which top lawyers don't do)

Blair and Goldsmith had 10 days to read it. Blix asks for more time.

Having read it, Goldsmith then stands by idly while ministers state unequivocally and categorically that the war is legal because there is unequivocal evidence of non-compliance, even though Blix reports increasing compliance, that there is categorical evidence of a growing WMD programme even though there is evidence of the opposite.

Given that Blix is now forced out of Iraq for his own safety in the forthcoming war, is it any wonder that it looks very much as if his report was ignored, the legal caveats from Goldsmith were ignored and the very real possibility that Iraq would be found to have no WMDs at all would be ignored. Do you like being led by people who ignore truths that would avoid war, or do you prefer being led by people who are willing to ignore the truth to go to war?

Incidentally, as far as France is concerned, Goldsmith is explicit that no court would find that France or any other Security Council member would be acting unreasonably in vetoing a second resolution. So that's that argument knackered then.

Anyway, I suggest we all read the full 13 pages. Not often we get interesting stuff like this:

http://www.guardian.co.uk/Iraq/Story...472450,00.html

Damien 28-04-2005 22:05

Re: Iraq legal advice leaked
 
At the end of the day this does not clear up the issue of if the war is legal or not. It is focusing on advice and frankly we knew all this already, the timing of all this means that it gets a lot more time and anger but this does not prove Blair lied, it does not prove the iraq war was illegal. Even if it was classed as 'illegal' it is still muddy waters. This is a big and difficult issue and Iraq was in breach of the UN resolutions, the intelligence that Blair received is available online and despite constants attacks on this issue no one has proved blair lied.

The important thing is if you believe the War was right or not. If you dont then you can say so on may 5th. But those of us who did support the war and still think its good are not ignoring the legal issues or the intelligence or what other issues there are. Today Iraqi got a new government, they have had free elections, saddam has gone and is getting tried by the Iraqi people. You cannot dismiss that by saying it wasn't the reason we went to war.

Everyone spins, the newspapers do it, people on forums do it, everyone selects facts in such a way to support there view. If you think he went as far to cause him to lie then fine. If you think that he lied about the intelligence then fine, say so on May 5th

Xaccers 28-04-2005 22:45

Re: Iraq legal advice leaked
 
Whether the outcome of the war is good or not doesn't matter if parliment and the public were lied to.
I support the general outcome of the war, that an oppressive regime was removed from power (even though according to the UN that's illegal), but that doesn't stop me demanding the truth behind what was said which lead us to our present position.

Graham 29-04-2005 00:07

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by Damien
despite constants attacks on this issue no one has proved blair lied.

The fact that the Attorney General's advice changed markedly based, it seems, on the Prime Minister's statements, and that Blair claimed that the advice was "clear" when it was, in the first case, anything but, rather gives the lie(!) to this!

Quote:

The important thing is if you believe the War was right or not.
The important thing is whether we can *TRUST* our political leaders to tell the truth!

Quote:

If you dont then you can say so on may 5th.
And this is glib and simplistic.

The General Election is about who runs the country and what policies they follow, not a referendum on the war in Iraq. People will be voting on a whole raft of issues although even then, many of those will be voting for a particular party simply because that was how their parents voted etc.

To suggest that people should vote based on only a single issue is naiive.

Quote:

But those of us who did support the war and still think its good are not ignoring the legal issues or the intelligence or what other issues there are. Today Iraqi got a new government, they have had free elections, saddam has gone and is getting tried by the Iraqi people. You cannot dismiss that by saying it wasn't the reason we went to war.
It is serendipitous that all that has happened, but I remind you that we were told that we were going to war to disarm Saddam of WMDs. Oh, no, sorry, it was for regime change. Oops, my mistake, it was to liberate the Iraqi people. Hang on, actually it was to bring peace to the region. Wait a moment, it was about WMDs after all...

What is the truth...???

Quote:

Everyone spins, the newspapers do it, people on forums do it, everyone selects facts in such a way to support there view. If you think he went as far to cause him to lie then fine. If you think that he lied about the intelligence then fine, say so on May 5th
See above.

andyl 29-04-2005 09:42

Re: Iraq legal advice leaked
 
One of the key things to have emerged is that the AG seems quite clear in his opinion that to go to war seeking regime change would be unlawful. This presumably explains why WMDs rather than regime change were cited at the time, despite growing evidence of increased Iraqi co-operation and a lack of WMDs. Two things then happened. No WMDs were found to the surprise of precisely nobody. The argument then switched to 'isn't it great that we've got rid of 'Saddam'. My interpretation is that the Govt knew precisely what it was doing in ignoring Hans Blix and others because it knew it could not justify, in law, military action for regime change. So the only defence Blair has is that they had to pursue the WMD angle in order to achieve the real objective. But that defence has more holes in it than Rab C's vest.

punky 29-04-2005 10:11

Re: Iraq legal advice leaked
 
I think you've hit the nail on the head, Andy... But I think it is a sad state of affairs when someone who is proven (or at least probably cause) to be commiting crimes against humanity, seems to be immune from any legal real action. I read about his regime, and I can't think theres any possible way anything but prison is for him. The UN needs to tie this down and become more proactive in making sure people like Saddam (And the Papa Docs, Idi Amins, Mugabes, Castros, etc) get stopped, not on weapons grounds, but on humanitarian... Not to let him carry on for 30 years like he did. In my mind, watching someone die, and not helping, when you can, is complicity to murder. The UNSC needs that on their minds. The sanctions wern't a punishment for him, they were a punishment for the country's citizens. It can't (or rather shouldn't) be right to let Saddam live out his reign as BBking suggested. Partly because his sons would inherit it, and another 30-40 years starts all over again. And then they have sons, and so on.

I can't help it, its the bleeding-heart liberal in me (that I keep trying to hide :disturbd: ) All I can think about, is that if I was trapped under Saddam's regime, I would just think... "Why isn't anyone helping? Why are they letting this go on?" I wouldn't care who helped, and the majority of Iraqis don't, so long as Saddam is removed and a different successor is in place.

andyl 29-04-2005 10:32

Re: Iraq legal advice leaked
 
Punky, I've told you off before about agreeing with me. Puts me right off my stride. Please do your lines :)

Of course if we're going to attack countries with appalling human rights records then I guess we'd better get those missiles trained on China! And, in the light of Guantanomo and the executing of someone with learning difficulties... that big place on the other side of the Atlantic, what's it called again?

No easy answers.

me283 29-04-2005 10:37

Re: Iraq legal advice leaked
 
Just a quick point, as I haven't had time to read the whole thread. Mr. Blair is a lawyer by trade, and another legal person once gave me the sage advice that "lawyer is another word for liar"...

I am resistng the urge to read more on this thread as I've just seen the mention of "human rights", and I don't want to get started on that again!

punky 29-04-2005 15:06

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by andyl
Of course if we're going to attack countries with appalling human rights records then I guess we'd better get those missiles trained on China! And, in the light of Guantanomo and the executing of someone with learning difficulties... that big place on the other side of the Atlantic, what's it called again?

No easy answers.

Indeed... This is why we need some kind of commision on the UN, that can look at what countries are doing, and if they are doing something untoward, then they'll be orderered to cease. If they don't then the UN would order increasingly stronger punishments, ending in the UN sending its troops in, and they'll be made to stop. A single commission would make ensure uniformity across the world, which has been sadly lacking, much to the delight of people like Saddam.

Of course this is a brave new world here... The UN would be forced to do something productive for a change. As far as I can see, the UN wants world peace, but if that means no war, but people like Saddam are in power, then I don't consider that to be good enough.

And furthermore, when the US...:

1. ...president orders people he doesn't like to be fed into a wood chipper, feet first...

2. ...the opposition party disappears overnight and is never seen again...

3. ...rapes the family members of the supporters of the opposition party, as 'punishment'...

4. ...when the first person to stop clapping and sit down at every presidential rally is killed, and the same to people who don't look happy enough during rallys (this was Hitler, but I think Saddam did it too)...

... then I will personally enlist in any army and go there and fight them (providing the UN considers this to be bad enough to warrant action, and we know from Saddam, the above isn't bad enough).

andyl 29-04-2005 15:30

Re: Iraq legal advice leaked
 
A big part of the problem is the make up (and veto power arrangements) of the Security Council.

punky 29-04-2005 16:42

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by andyl
A big part of the problem is the make up (and veto power arrangements) of the Security Council.

Personally I think thats a separate issue (security isn't the same as justice). I do think the UNSC should be overhauled, for one thing, because of Syria being given a seat on the UNSC. That just exposes what a joke the UN is; Here is a country that is supposed to be telling others how to run themselves, but we aren't allowed to deport anyone back there because of their human rights abuses! The same could be said for China over its stances with civil rights to citizens and its stances with Taiwan and Tibet. If noone can be bothered to right these things if they consider it unjust, then at the very least China should be exluded from being able to enforce other countries to behave themselves.

A new council should be formed, because crimes against humanity doesn't come under the security umbrella, it comes under a justice one. Their descision would be final, rather than all this: "is it legal to do x" or "is it illegal to do y". Basically a much more organised, and proactive role to protecting human's rights. Some people are very concerned about their human rights (and mine, I guess) with regards to ID cards, etc, but seem much less concerned with the human rights of Iraqis to be able to support an opposition-to-government party.

Graham 29-04-2005 18:27

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by punky
Indeed... This is why we need some kind of commision on the UN, that can look at what countries are doing, and if they are doing something untoward, then they'll be orderered to cease.

You mean something like the World Court which is already a nonsense because the US has said "nope, we're not going along with that unless *we* get total immunity from it" (because otherwise they *would* face charges of War Crimes!)

punky 29-04-2005 18:57

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by Graham
You mean something like the World Court which is already a nonsense because the US has said "nope, we're not going along with that unless *we* get total immunity from it" (because otherwise they *would* face charges of War Crimes!)

The world court only deals with people once they are in custody... It has nothing to do getting people into custody, which is the difficult part, everyone would rather someone else do.

And with the US being the most universally despised country in the world (on par with Israel, which also, sensibly rejects the ICC), its not like it would be subject to frivilous complaints, would it? Furthermore the immunity only applies during UN-sanctioned peacekeeping, and it has been granted to other countries before. Indeed, the UNSC voted in favour of extending the immunity against the US.

Of course, Saddam wouldn't even be awaiting trial in the ICC if it wasn't for the US. He'd still be feeding people into the woodchipper. I doubt Blair would have had a sudden attack of conscience, or anyone else in the world.

Besides, if the UN dealt with who gets complaints against, theoretically there wouldn't be any frivilous complaints... but then again, when was the last time someone at least hwal-way sensible worked for the UN?

Graham 29-04-2005 22:28

Re: Iraq legal advice leaked
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
You mean something like the World Court

The world court only deals with people once they are in custody... It has nothing to do getting people into custody, which is the difficult part, everyone would rather someone else do.

Not the Americans! They're quite happy to bring *others* to book, as long as *they* don't face the same sanctions!

[quote]And with the US being the most universally despised country in the world (on par with Israel, which also, sensibly rejects the ICC),

It's only sensible for them because they, too, could be subject to its attentions for their treatment of the Palestinians (illegal occupation of land. Building settlemnts in violation of international law...)

Quote:

its not like it would be subject to frivilous complaints, would it?
It's not like the USA hasn't got a lot to answer for in front of the ICC!

Quote:

Of course, Saddam wouldn't even be awaiting trial in the ICC if it wasn't for the US.
And if it wasn't for the US there wouldn't *STILL* be people languishing at Guantanamo Bay...

Tezcatlipoca 01-05-2005 15:58

Re: Iraq legal advice leaked
 
ROFL..... More leaks.... Some very interesting stories in the Sunday papers :D


From today's Sunday Times:

http://www.timesonline.co.uk/article...592904,00.html

Quote:

Originally Posted by The Sunday Times
May 01, 2005

Blair hit by new leak of secret war plan
Michael Smith
A SECRET document from the heart of government reveals today that Tony Blair privately committed Britain to war with Iraq and then set out to lure Saddam Hussein into providing the legal justification.

The Downing Street minutes, headed †œSecret and strictly personal †” UK eyes onlyâ₠¬Ã‚, detail one of the most important meetings ahead of the invasion.

It was chaired by the prime minister and attended by his inner circle. The document reveals Blair backed †œregime changeââ‚Ãâ €šÂ¬Ãƒâ€šÃ‚ by force from the outset, despite warnings from Lord Goldsmith, the attorney-general, that such action could be illegal.

(snip)

It records a meeting in July 2002, attended by military and intelligence chiefs, at which Blair discussed military options having already committed himself to supporting President George Bushâ₠¬Ã¢â€žÂ¢s plans for ousting Saddam.

†œIf the political context were right, people would support regime change,ââ‚à ‚¬Ã‚ said Blair. He added that the key issues were †œwhether the military plan worked and whether we had the political strategy to give the military plan space to workââ‚ ¬Ã‚.

The political strategy proved to be arguing Iraqââ‚ ¬Ã¢â€žÂ¢s weapons of mass destruction (WMD) posed such a threat that military action had to be taken. However, at the July meeting Jack Straw, the foreign secretary, said the case for war was †œthinâà ƒƒÂ¢Ã¢â‚¬Å¡Ã‚¬Ã‚ � as †œSaddam was not threatening his neighbours and his WMD capability was less than that of Libya, North Korea or Iranââ‚ ¬Ã‚.

Straw suggested they should †œwork upâ₠¬Ãƒâ€šÃ‚ an ultimatum about weapons inspectors that would †œhelp with the legal justificationâ↚¬Â. Blair is recorded as saying that †œit would make a big difference politically and legally if Saddam refused to allow in the UN inspectorsâââ€Å ¡Ã‚¬Ã‚.

A separate secret briefing for the meeting said Britain and America had to †œcreateà¢ÃƒÂ¢Ã¢â‚¬Å¡Ã‚¬Ã‚Âà ‚ conditions to justify a war.

(snip)


Plus there's also:

Blair planned Iraq war from start

(related story)

Quote:

Originally Posted by The Sunday Times
For the secret documents †” seen by The Sunday Times †” reveal that on that Tuesday in 2002:

# Blair was right from the outset committed to supporting US plans for †œregime changeââ‚Ãâ €šÂ¬Ãƒâ€šÃ‚ in Iraq.

# War was already †œseen as inevitableâââ€Å ¡Ã‚¬Ã‚.

# The attorney-general was already warning of grave doubts about its legality.

Straw even said the case for war was †œthinâà ƒƒÂ¢Ã¢â‚¬Å¡Ã‚¬Ã‚ �. So Blair and his inner circle set about devising a plan to justify invasion.

(snip)


And the *very* interesting leaked memo itself...definitely worth a read! - "The secret Downing Street memo"


Menawhile, over at the Sunday Indy...

"Revealed: documents show Blair's secret plans for war"

Quote:

Originally Posted by Independent on Sunday
PM decided on conflict from the start. Blair told war illegal in March 2002. Latest leak confirms Goldsmith doubts
By Raymond Whitaker, Andy McSmith and Francis Elliott

01 May 2005

Tony Blair had resolved to send British troops into action alongside US forces eight months before the Iraq War began, despite a clear warning from the Foreign Office that the conflict could be illegal

(snip)

....At the same time, a document obtained by this newspaper reveals the Foreign Office legal advice given to Mr Blair in March 2002, before he travelled to meet Mr Bush at his Texas ranch. It contains many of the reservations listed nearly a year later by the Attorney General in his confidential advice to the Prime Minister, which the Government was forced to publish last week, including the warning that the US government took a different view of international law from Britain or virtually any other country.

The advice, also put before the July meeting, was drawn up in part by Elizabeth Wilmshurst, the Foreign Office's deputy legal adviser, who resigned on the eve of war in protest at what she called a "crime of aggression".

(snip)



Very juicy stuff. Plus these leaks contain more ammo IMO for the case alleging that Blair lied & misled.

Wonder who's leaking all this?


And finally, an interview with Admiral Sir Michael Boyce:

http://observer.guardian.co.uk/polit...474276,00.html

Quote:

Originally Posted by The Observer
Antony Barnett and Martin Bright
Sunday May 1, 2005
The Observer

The man who led Britain's armed forces into Iraq has said that Tony Blair and the Attorney General, Lord Goldsmith, will join British soldiers in the dock if the military are ever prosecuted for war crimes in Iraq.

In a remarkably frank interview that goes to the heart of the political row over the Attorney General's legal advice, Admiral Sir Michael Boyce, the former Chief of the Defence Staff, said he did not have full legal cover from prosecution at the International Criminal Court (ICC).

'If my soldiers went to jail and I did, some other people would go with me,' said Boyce.

In his most detailed explanation yet of why he demanded an unequivocal assurance from lawyers that the war was legal, he said: 'I wanted to make sure that we had this anchor which has been signed by the government law officer ...

'It may not stop us from being charged, but, by God, it would make sure other people were brought into the frame as well.'

Pressed by The Observer on whether he meant the Prime Minister and the Attorney General, Boyce replied: 'Too bloody right.'

(snip)

Little bit from the same story, later on, about Goldsmith's opinion being shaped....

Quote:

Originally Posted by The Observer
An Observer investigation into the legal ramifications of the war also reveals that Goldsmith's advice authorising war was shaped after meeting the five most powerful Republican lawyers in the Bush administration, in February 2003.


BBKing 02-05-2005 11:32

Re: Iraq legal advice leaked - Update: More leaks!
 
Basically confirming what seems to have been the case

It was Bush's idea
Blair went along with it
They were worried about public opinion but thought they could persuade us, which explains the dodgy dossiers and the presentation of a heavily biased case
They weren't worried about legality until the armed forces starting getting worried

So we've effectively neutralised our permanent security council seat (since it's now established that you can bypass the SC if you feel like it) for the dubious privilege of being George Bush's best mate, benefits to the UK uncertain. Nice foreign policy, Tony.

Quote:

Straw even said the case for war was †œthinâà ƒƒÂ¢Ã¢â‚¬Å¡Ã‚¬Ã‚ �
He said more than that, he said that
* Iraq's WMD capability (as wrongly estimated by the security services and presented to ministers) was less than Libya, Iran or North Korea
* Iraq wasn't a threat to it's neighbours.

Quite where 'less than Libya, Iran or North Korea' became '45 minutes from attack' is an interesting question, as it implies that either Blair lied or he thought that those three countries could use WMDs in less than 45 minutes.

punky 02-05-2005 11:59

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by BBKing
So we've effectively neutralised our permanent security council seat (since it's now established that you can bypass the SC if you feel like it)

So you actually think the UNSC and the UN had any respect or actually resolved anything? The UN is the very model of lethargy, it always has been. They never do anything, they just talk about it. The only way anything gets done, is if someone else sticks their neck out and does it themselves. The UN has been thoroughly impotent for years. And when it does actually try to help, like a bumbling fool, it can't help but screw up. Sanctions in Iraq were killing many children (and adults) daily.

The whole organisation needs a complete re-organisation, starting with firing Annan for gross incompetence.

Graham 02-05-2005 12:37

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
The UN is the very model of lethargy, it always has been. They never do anything, they just talk about it.

To quote Churchill "'Jaw jaw' is better than 'war war'"

Quote:

The UN has been thoroughly impotent for years.
Because if anything happens that someone (usually the Americans) doesn't like (such as condemning Israel for Human Rights abuses) the Yanks veto it.

Quote:

The whole organisation needs a complete re-organisation, starting with firing Annan for gross incompetence.
Fine, why don't you put yourself up for the job since you know what's wrong and I'm sure you know how to fix it too... :rolleyes:

punky 02-05-2005 13:06

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Graham
To quote Churchill "'Jaw jaw' is better than 'war war'"

Hmmm. I am glad he didn't think that during World War 2, or we could be jaw-jawing in German right now.

Quote:

Fine, why don't you put yourself up for the job since you know what's wrong and I'm sure you know how to fix it too... :rolleyes:
Quote:

Because if anything happens that someone (usually the Americans) doesn't like (such as condemning Israel for Human Rights abuses) the Yanks veto it.
Which is much worse than France threatening to veto any second resolution regardless of what it says?

There is a big difference between vocally condeming someone, and removing a tyrannical dictator and his sons, who used to torture people for fun.

Quote:

Fine, why don't you put yourself up for the job since you know what's wrong and I'm sure you know how to fix it too... :rollleyes:
That's funny coming from you. Whenever anyone asks you what you'll do in a situation, you just say its not you job to fix things, only criticise.

I'll quite happily become UNSG if they'd let me. $350k a year, plus free palatial manson, top notch security, and more freebies than I could list. I couldn't be any worse than Annan anyway. If I did at least one half-decent thing for the UN, I would have done more than Annan ever has. If I just wanted to follow Annan's lead, I could just do a few speeches, that someone else wrote for me, and the odd press conference/interview. Doesn't sound like a bad old life to me.

BBKing 02-05-2005 14:03

Re: Iraq legal advice leaked - Update: More leaks!
 
The reason I like the UN is the same reason I like the EU - it's turned international relations from a constellation of dubious treaties and blocs into a bunch of old, fat men jabbering at each other. Not very edifying, but lethargy is preferable to blitzkrieg any day.

$350k and a nice house? That's f'ck all in terms of the remuneration for heads of international organisations, for that matter. You didn't see George Bush trying to smear and remove the head of Enron (who was on rather more than $350k), suck up to him, possibly.

Frankly, given what's happened to world peace and stability after a major state that should know better deliberately sabotaged the UN (and then tries to blame the UN for being sabotaged, which is chutzpah of a high order) and goes it alone I think the case for the UN is stronger than ever.

My point was actually that we have, through historical accident, a seat at the top table - whether we should have it is one point, but it's preferable to have it and use it in the spirit its founders intended* than tag alone on the bully's coat-tails while he steals everyone's pocket money, hoping he'll share what he nicks with us.

*The first meeting of the UN was in London, of course, there's a strong case for saying that the British were partly responsible for inventing the idea in the first place. Which is just one reason we shouldn't support its destruction.

Quote:

I am glad he didn't think that during World War 2, or we could be jaw-jawing in German right now.
An invalid point in this context, since
1) Germany definitely was a threat to the UK
2) Churchill didn't start WW2
3) He became PM in the middle of it
4) He actually came out with that quotation in 1954.

This was of course after the experience of WW2 (and WW1 and the Boer War, for that matter), which hadn't exactly made him a fan of pre-emptive military action (or 'invading someone else's country because you feel like it' as it used to be known). It's often been pointed out on here that Churchill would not have been a supporter of the recent Iraq jaunt.

Quote:

removing a tyrannical dictator and his sons, who used to torture people for fun.
It's still illegal (as Annan pointed out, if you're looking for him doing something good) to go in and overthrow governments without UN approval, whatever those heads of state are doing. There's a reason for this. Care to propose why making this legal would make the world a better place?

France, Russia and China used their SC vote correctly on Iraq - they knew the US was engaged in something underhand and wrong (the amount of coercion, threats and bribery put on non-permanent SC members for instance), and didn't want to back it, hence no second resolution. The SC is a world body set up to keep the peace, not a shop for rubber stamping the self-interested policies of the Republican Party.

punky 02-05-2005 14:30

Re: Iraq legal advice leaked - Update: More leaks!
 
I am not anti-UN. The UN is something the world it needs to protect itself, from itself. I am against most of the influential people within the UN who are either inept, corrupt, or both. They need to be replaced, and the entire organisation needs a u-turn.

You say the war on Iraq is illegal without tacit UN approval (I agree with that, but that means that the older existing resolutions aren't valid here, which I disagree with, hence it had UN approval), but I think that, as well as people of the world who seem more or less content to stand by while the situation dragged on, speaks volumes about what we have become. It is ok for you and I, in luxury, afforded wonderful civil and human rights, and state protection that the Iraqis never had. People in general have become numb to atrocities commited around the world, and that is an extremely appalling and unacceptable state of affairs, I feel.

Graham 02-05-2005 17:01

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
To quote Churchill "'Jaw jaw' is better than 'war war'"

Hmmm. I am glad he didn't think that during World War 2, or we could be jaw-jawing in German right now.

Predictable answer #1

Quote:

Quote:

Because if anything happens that someone (usually the Americans) doesn't like (such as condemning Israel for Human Rights abuses) the Yanks veto it.
Which is much worse than France threatening to veto any second resolution regardless of what it says?
Which country holds the record for the most number of vetos of UN resolution???

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There is a big difference between vocally condeming someone, and removing a tyrannical dictator and his sons, who used to torture people for fun.
Predictable answer #2

And again I point out all the *other* countries in the world who have dictatorial leaders who torture or abuse or starve their populations...

[quote[
Quote:

Fine, why don't you put yourself up for the job since you know what's wrong and I'm sure you know how to fix it too... :rolleyes:
That's funny coming from you. Whenever anyone asks you what you'll do in a situation, you just say its not you job to fix things, only criticise.[/quote]

And that's predictable answer #3 (and a total failure of your irony detector).

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If I did at least one half-decent thing for the UN, I would have done more than Annan ever has.
The point is that being Secretary General of the US isn't some sort of cushy sinecure to be glibly dismissed as you seem to want to do, it's a bloody difficult job and frankly I think anyone who has it should get proper support, not constant carping from people who are doing their damndest to make his job even more difficult for him.

Xaccers 02-05-2005 17:35

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Graham
The point is that being Secretary General of the US isn't some sort of cushy sinecure to be glibly dismissed as you seem to want to do, it's a bloody difficult job and frankly I think anyone who has it should get proper support, not constant carping from people who are doing their damndest to make his job even more difficult for him.


Psst don't you mean the UN?



PS could you go back and change "Predictable answer" to an actual answer which takes the discussion forward? ta very much.

Tezcatlipoca 02-05-2005 18:30

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
Which is much worse than France threatening to veto any second resolution regardless of what it says?


Few things on that:


1)

Quote:

Originally Posted by Lord Goldsmith
I do not believe that there is any basis in law for arguing that there is an implied condition of reasonableness which can be read into the power of veto conferred on the permanent members of the security council ... So there are no grounds for arguing that an "unreasonable veto" would entitle us to proceed on the basis of a presumed security council authorisation ...


2)

IIRC, Chirac didn't say France would veto *any* further resolution - he said France would veto any further resolution *which contained an automatic trigger for war*


3) The US & UK did not have enough votes anyway for their "second" resolution, hence it was pulled & was not voted on. It was not pulled because France would veto it anyway. Even if France had not threatened the veto, the "second" resolution could not have passed at that time due to the lack of positive votes for it amongst the Council. If the US & UK had had the votes required, I'm sure they would have gone ahead & called a vote - even if they thought France would veto it - as they could have used their legally dubious "unreasonable veto" arguement, & claimed it had support enough anyway.




Shifting back to the main topic...........


http://www.guardian.co.uk/guardianpo...474584,00.html

Quote:

Attorney general subject of Bar complaint

Clare Dyer, legal editor
Monday May 2, 2005
The Guardian

The attorney general, Lord Goldsmith, faces a possible Bar Council disciplinary hearing over his advice on the legality of war against Iraq, after the council's conduct committee decided to consult a constitutional law expert on whether it has jurisdiction to deal with complaints that he breached the Bar's code.

If found guilty of breaching the requirements of the code of conduct, which require barristers to act independently at all times, he could be reprimanded, suspended from practice or even disbarred.

(snip)


http://news.bbc.co.uk/1/hi/uk_politi...ge/4503061.stm

Quote:

Originally Posted by BBC News
Mr Blair told BBC One's Breakfast with Frost the decision had not been taken at that point to attack Saddam Hussein.

"You have got to discuss everything as you go along, but the point is that after that meeting we decided to go back to the UN and give him a last chance.

"If the UN resolution had been adhered to by Saddam that would have been the end of it, despite the fact it was the most appalling regime."


Really, Mr Blair? So you say it was not about Regime Change, & was only about WMD? Are you sure Mr Blair?...........

http://www.guardian.co.uk/guardianpo...474587,00.html

Quote:

(snip)
That regime change was an objective of the prime minister appears clear from a document leaked last year. It records Sir David Manning, the prime minister's foreign policy adviser, writing to Mr Blair about a meeting with Condoleezza Rice, then President George Bush's national security adviser, on March 14 2002, a year before the war. Sir David reported: "I said that you would not budge in your support for regime change but you had to manage a press, a parliament and a public opinion".

Another document leaked last year records Sir Christopher Meyer, British ambassador to the US at the time, as telling Sir David on March 18 2003, the eve of the invasion, about a meeting with the US deputy defence secretary, Paul Wolfowitz. He said: "I opened by sticking very closely to the script that you used with Condi Rice. We backed regime change, but the plan had to be clever and failure was not an option."

(snip)

(plus add the above to the recent leaked memo I posted previously in this thread)

Graham 02-05-2005 20:48

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Xaccers
Quote:

Originally Posted by Graham
The point is that being Secretary General of the US

Psst don't you mean the UN?

I'm sure they'd be perfectly happy to have *total* control over that organisation!

Quote:

PS could you go back and change "Predictable answer" to an actual answer which takes the discussion forward?
I'm sorry, but I can't edit Punky's posts, so I am unable to change his predictable answers into something that *would* actually take the discussion forward.

punky 02-05-2005 22:33

Re: Iraq legal advice leaked - Update: More leaks!
 
OK, lets have another go... I am not sure if this takes the discussion forward, but here goes...

Quote:

Originally Posted by Graham
To quote Churchill "'Jaw jaw' is better than 'war war'"

If you honestly think merely talking about human rights abuses, is better than rectifying them, then I am glad you aren't in charge of my human and civil rights.


Quote:

Because if anything happens that someone (usually the Americans) doesn't like (such as condemning Israel for Human Rights abuses) the Yanks veto it.
Because the US vetoed Rwandan resolutions (of course, the UN didn't get that far, t? Because the US vetoed Iraqi resolutions? Because the US vetoed resolutions against, Libya, Iran, China, North Korea? Furthermore The US vetoing the condemnations of Israeli actions (which lets face it, being condemned by the UN verbally is hardly the end of the world. You know they won't do anything about it.) is nothing to do with the situation in Iraq.


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Fine, why don't you put yourself up for the job since you know what's wrong and I'm sure you know how to fix it too... :rolleyes:
Like you say I have the right to criticise whoever I want. Unlike you, I am willing to actually stick my neck out and say what I think would do better. It might not work, but I am trying. Could you say the same thing?

Graham 03-05-2005 00:23

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
OK, lets have another go... I am not sure if this takes the discussion forward, but here goes...

Quote:

Originally Posted by Graham
To quote Churchill "'Jaw jaw' is better than 'war war'"

If you honestly think merely talking about human rights abuses, is better than rectifying them, then I am glad you aren't in charge of my human and civil rights.

So we go from a predictable answer to a Straw Man :rolleyes:

How many times have I expressed my views on human and civil rights in these forums? Do you *honestly* think that blatantly misrepresenting my position like that is a way of taking a debate forward?

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Because if anything happens that someone (usually the Americans) doesn't like (such as condemning Israel for Human Rights abuses) the Yanks veto it.
Because the US vetoed Rwandan resolutions [etc etc] is nothing to do with the situation in Iraq.
No, but as Matt has pointed out you were claiming that France would veto *any* second resolution regarding Iraq when actually it was any resolution aimed at triggering war with them.

And what does a sweeping generalisation like "The UN has been thoroughly impotent for years" have to do with Iraq? Does that justify attacking Iraq because the UN have been (according to you) unable to do anything about anyone else's human rights abuses elsewhere in the world?

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I am willing to actually stick my neck out and say what I think would do better. It might not work, but I am trying.
And what the UN was doing might not have worked, but they were *also* trying. Of course it's always easy to criticise something and say it didn't work with 20/20 hindsight.

punky 03-05-2005 00:59

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Graham
How many times have I expressed my views on human and civil rights in these forums? Do you *honestly* think that blatantly misrepresenting my position like that is a way of taking a debate forward?

It doesn't matter what you say, if aren't prepared to back it up with action. You can say "Saddam was a terrible man, Iraq is full of human rights abuses", etc, but if aren't prepared do anything about it, then words are worthless.


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No, but as Matt has pointed out you were claiming that France would veto *any* second resolution regarding Iraq when actually it was any resolution aimed at triggering war with them.
See first point.

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And what does a sweeping generalisation like "The UN has been thoroughly
impotent for years" have to do with Iraq?
Actually, everything, which is why I am bringing it up. The UN's shamefully lackluster attitude to Iraq and its citizens are precisely why we have this mess. They put sanctions on Iraq, patted themselves on the back, saying they did all they can do. How many children were dying under sanctions that wern't working? How can sanctions work on such a sadistic man who doesn't care his citizens are dying? And how many people died, or were abused, during the 12 years between Gulf War 1 & Gulf War 2? All those opponents to the regime, and those who were there to satistfy the trio's sick sadistic bloodlust.

I said the UN needs a lot of new staff, but thinking about it earlier, it needs a bit more than that. It needs a whole new change of attitude. The UN was created to prevent another world war. That translates to "peace at any cost". That means so long as regimes aren't warring, what they do to their citizens go largely untouched. It needs to be proactive in protecting the citizens of countries, who, when they needed it most, never recieved it. I.e. millions of Iraqis in the 1990s.

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Does that justify attacking Iraq because the UN have been (according to you) unable to do anything about anyone else's human rights abuses elsewhere in the world?
The UN should never have allowed Iraq to drag on like it did. The only justification needed was that what Saddam was doing, ignoring his weapons, was unacceptable. Respectable people in civilised countries shouldn't allow this to go on in other places.

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And what the UN was doing might not have worked, but they were *also* trying. Of course it's always easy to criticise something and say it didn't work with 20/20 hindsight.
I have always said this. I have always had little respect for the UN, and I have resented it for his attitude towards Iraq. You call sanctions trying? It is amazing to think anyone would think sanctions would fix the problem, or work on someone like Saddam (off hand, I can't think of any situation that sanctions has actually solved a problem like this). I would say that with foresight, let alone hindsight. Throughout the 90s, the UN had enough opportunity to say "nothing is changing, lets change gear", because what changed in the 90s? Nothing. The sanctions went on, and the US/UK bombed targets in the no-fly-zones. What did it achieve? Nothing. The situation would have rolled on for many more years. Soemone said that Saddam wouldn't live forever. Well, when he have died naturally, control would have passed to Uday who much, much worse, because he is much more sadistic, and psychotic. They would die, but then they would have sons... etc.

Tezcatlipoca 03-05-2005 01:14

Re: Iraq legal advice leaked - Update: More leaks!
 
I know this is all off-topic, but all this talk of sanctions makes me remember the infamous Albright quote (she was Secretary of State under Clinton)

Quote:

Lesley Stahl on U.S. sanctions against Iraq: We have heard that a half million children have died. I mean, that's more children than died in Hiroshima. And, you know, is the price worth it?

Secretary of State Madeleine Albright: I think this is a very hard choice, but the price--we think the price is worth it.

--60 Minutes (5/12/96)

Xaccers 03-05-2005 01:15

Re: Iraq legal advice leaked - Update: More leaks!
 
At the moment, we have the US acting as "world policeman" which most people would agree is not the best thing to have.
Much better would be an international force (ie the UN) playing the role of world policeman, sure using sanctions at first, but time limited (ie if the sanctions haven't resolved the issue within a specific time period, then military action must be used)


Anyway, from the looks of things, Bliar decided to go to war long before it was made public, and just because he attempted to get a second resolution does not mean he hadn't already decided, despite what labour are claiming.

punky 03-05-2005 01:20

Re: Iraq legal advice leaked - Update: More leaks!
 
A lot of people criticise the US for being the "World Policeman" role, and that's fair enough. They don't always do good, or even, what's right. I have this really horrible feeling, that in about 10 years time, when China is the dominant super power, and the US, like the rest of the world, has to answer to them, then I think a lot of people, (well, me at least) will wish to go back to having the US as the lead.

Xaccers 03-05-2005 01:33

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
A lot of people criticise the US for being the "World Policeman" role, and that's fair enough. They don't always do good, or even, what's right. I have this really horrible feeling, that in about 10 years time, when China is the dominant super power, and the US, like the rest of the world, has to answer to them, then I think a lot of people, (well, me at least) will wish to go back to having the US as the lead.

This is it, I believe we need a world policeman to keep dictators in check, but the problem with having one country in that role is that they'll do what's best for them rather than what's best for the world, that's why having an international organisation like the UN behind it would be better

Graham 03-05-2005 13:03

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
How many times have I expressed my views on human and civil rights in these forums? Do you *honestly* think that blatantly misrepresenting my position like that is a way of taking a debate forward?

It doesn't matter what you say, if aren't prepared to back it up with action.

Firstly it matters a lot if what I say is misrepresented.

Seconly just because I don't agree with *your* proposals for action does *not* mean that I am in favour of doing nothing.

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Quote:

No, but as Matt has pointed out you were claiming that France would veto *any* second resolution regarding Iraq when actually it was any resolution aimed at triggering war with them.
See first point.
See my second point above.

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And what does a sweeping generalisation like "The UN has been thoroughly impotent for years" have to do with Iraq?
Actually, everything, which is why I am bringing it up. The UN's shamefully lackluster attitude to Iraq and its citizens are precisely why we have this mess. They put sanctions on Iraq, patted themselves on the back, saying they did all they can do. How many children were dying under sanctions that wern't working?
Unfortunately even with programmes like the "food for oil" one, it's impossible to enforce them on a country or a ruler who doesn't care.

So what are the options? Remove the sanctions and give Saddam a victory and make the UN look even weaker? Or invade any country that's abusing human rights and killing its own population in which case Iraq is only one on a very long list?

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I said the UN needs a lot of new staff, but thinking about it earlier, it needs a bit more than that. It needs a whole new change of attitude. The UN was created to prevent another world war.
Which is *not* the same as acting as "The World's Policeman"!

Quote:

That translates to "peace at any cost". That means so long as regimes aren't warring, what they do to their citizens go largely untouched. It needs to be proactive in protecting the citizens of countries, who, when they needed it most, never recieved it. I.e. millions of Iraqis in the 1990s.
As I said above, in which case Iraq is only one of many. And the UN is not there to be The World's Policeman. Were it to try to be "proactive" it would only succeed in being revealed as a bully and a hypocrite by attacking small countries whilst ignoring ones like China who engage in massive abuses of rights, but which couldn't be touched.

Quote:

Quote:

And what the UN was doing might not have worked, but they were *also* trying. Of course it's always easy to criticise something and say it didn't work with 20/20 hindsight.
I have always said this. I have always had little respect for the UN, and I have resented it for his attitude towards Iraq. You call sanctions trying?
As opposed to invading and taking over by force? Yes.

Quote:

It is amazing to think anyone would think sanctions would fix the problem
It's amazing to think that someone would think that starting a war is really a good way of trying to fix a problem like this. (And don't start dragging in Hitler again because the situations are totally different).

Pierre 03-05-2005 13:16

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Xaccers
Anyway, from the looks of things, Bliar decided to go to war long before it was made public, and just because he attempted to get a second resolution does not mean he hadn't already decided, despite what labour are claiming.

indeed, blatant Arse covering exercise, he went to the UN knowing full well he wouldn't get another Resolution, but because he attempted to get it made it look like he was pulling out all the stops.

He was going to go war anyway resolution or not, so it's non-issue.

Quote:

A lot of people criticise the US for being the "World Policeman" role, and that's fair enough. They don't always do good, or even, what's right. I have this really horrible feeling, that in about 10 years time, when China is the dominant super power, and the US, like the rest of the world, has to answer to them, then I think a lot of people, (well, me at least) will wish to go back to having the US as the lead.
That's a might powerful crystal ball you have there. If the US and China ever square up to each other. Assume the position.

Quote:

This is it, I believe we need a world policeman to keep dictators in check, but the problem with having one country in that role is that they'll do what's best for them rather than what's best for the world, that's why having an international organisation like the UN behind it would be better
Personally, I don't see what is wrong with dictatorship. Sometimes it works. Evil dictators fair enough. But we shouldn't be so bold as to think every state in the world should adopt democracy. Especially ours or the USAs version of democracy - which are probably the most undemocratic systems in the world.

The role of international peace keeping should and must stay with the UN. We cannot afford to have other countries "policing" other sovereign states

BBKing 03-05-2005 13:33

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

anyone would think sanctions would fix the problem
They fixed the problems of Saddam wanting WMDs, of course. And whether you're killing children with sanctions or with bombs is rather irrelevant, on the whole. What isn't irrelevant is that the UN was set up to stop countries taking unilateral military action in their own interests, and anyone who appears to be trying to sabotage this idea should be condemned, particularly if they're one of the co-founders.

Anyway, let's examine some human rights abusers who could use some of that ole' doctrine of pre-emption stuff:

Uzbekistan - nasty Stalinist dictatorship, disappearances, secret police, lack of press freedom, no democracy. Friend of the USA, of course, so that's out

China - proof that capitalism can function without freedom or democracy, WMDs, large military power. Bit big, and makes things cheap for us, so that's out

Zimbabwe - nasty madman in charge who rigs elections and persecutes opponents while starving the country into the stone age. No oil, so that's out.

Sudan - Government supported Arabs pursuing a war of racist genocide against the Africans in the south. No oil, but a bit close to the Middle East, so a slap on the wrist from Colin Powell.

Saudi Arabia - dodgy judicial system, not much democracy, not much in the way of rights for women, cradle of al-Qaeda. Lots of oil, though, and they're quite happy to swap it for our military hardware, so that's ok.

Russia - deeply worrying centralisation of power at the expense of democracy, run by an ex-KGB man, WMDs not totally under control, lots of crushing internal dissent by falsely linking it to international terrorism (it's national terrorism, of course, which is different. No one links ETA or the UDA to al-Qaeda, do they?). Bit big to invade

Belarus - see Uzbekistan, minus the US bases, the only country in Europe with a death penalty. Doesn't like human rights much. Several contributors to this board should absolutely love it there. High on my list for regime-change-plus, before gallivanting over the world trying to impose democracy with bombs let's sort out this blot on the landscape of Europe.

Turkmenistan - see Uzbekistan, with added oil pipelines from Afghanistan, so they're our mates

Israel - whew, where to start? WMDs, openly defiant of myriad UN resolutions, internally repressive along racial/religious lines. Apparently you can invade Iraq when this happens, but not Israel. Odd.

punky 03-05-2005 17:05

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Graham
Unfortunately even with programmes like the "food for oil" one, it's impossible to enforce them on a country or a ruler who doesn't care.

You agree sanctions wern't working then? Good. As Xaccers said, they worked as they contained Saddam enough to prevent war, and thus fulfilling the UN's obligations, bu the Iraqis, they were SOL there.

Quote:

So what are the options? Remove the sanctions and give Saddam a victory and make the UN look even weaker? Or invade any country that's abusing human rights and killing its own population in which case Iraq is only one on a very long list?
You could always try and remove Saddam. I think that would go a long way to curing the human rights problem.

And you are right, Iraq is top of a (disgracefully) big list. Why is it a big list? Because the UN's apathetic and lethargic attitude to rogue regimes has meant that such regimes can flourish. It has nothing to stop them, unless the country is re-taken by force by its own people, which rarely happens, and when it does, it causes instability. You think Iraq was bad under Coalition control, you should look at some African states.


Quote:

only succeed in being revealed as a bully and a hypocrite by attacking small countries whilst ignoring ones like China who engage in massive abuses of rights, but which couldn't be touched.
Having a UN commission precisely to deal with this problem would make sure countries like China didn't escape justice, which some don't, like Iraq, because of.. lets say, 'other triggers'.

The US is called a bully because it is its own country, which doesn't give itself legitimacy whilst performing these actions. The UN wouldn't be called a bully if it had a fair and just system for dealing with this.


Quote:

As opposed to invading and taking over by force? Yes.
I thought you said sanctions don't work, because you can't enforce them on someone like Saddam?

Quote:

It's amazing to think that someone would think that starting a war is really a good way of trying to fix a problem like this.
Wether you think Iraq is better off without Saddam or not, he is in prison and he'll answer to his evil deeds. You would never have seen that under UN sanctions.

I don't like war for precisely the same reasons as everyone else. Innocent people lose lives, things are destroyed, and it costs a fortune. If there was any other way to remove Saddam and his 2 sons from power without force, I would have supported that before war.

Graham 03-05-2005 17:40

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
Unfortunately even with programmes like the "food for oil" one, it's impossible to enforce them on a country or a ruler who doesn't care.

You agree sanctions wern't working then? Good. As Xaccers said, they worked as they contained Saddam enough to prevent war, and thus fulfilling the UN's obligations, bu the Iraqis, they were SOL there.

It depends what the intended purpose of the sanctions is and what Xaccers said was right, they were there to contain Saddam and prevent him from waging war or developing WMDs.

http://www.un.org/News/ossg/iraq.htm

There is *nothing* there about removing him from power because that is *NOT* the UN's job.

Quote:

Quote:

So what are the options? Remove the sanctions and give Saddam a victory and make the UN look even weaker? Or invade any country that's abusing human rights and killing its own population in which case Iraq is only one on a very long list?
You could always try and remove Saddam. I think that would go a long way to curing the human rights problem.
We've been over this already. That is not the job and *should not* (despite what you think) be the job of the UN.

Quote:

And you are right, Iraq is top of a (disgracefully) big list. Why is it a big list? Because the UN's apathetic and lethargic attitude to rogue regimes has meant that such regimes can flourish. It has nothing to stop them,
1) See BBKing's post

2) It's *still* not the UN's job.

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unless the country is re-taken by force by its own people, which rarely happens, and when it does, it causes instability.
And the US or the UN stepping in doesn't cause instability?? :rofl:

Quote:

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only succeed in being revealed as a bully and a hypocrite by attacking small countries whilst ignoring ones like China who engage in massive abuses of rights, but which couldn't be touched.
Having a UN commission precisely to deal with this problem would make sure countries like China didn't escape justice, which some don't, like Iraq, because of.. lets say, 'other triggers'.
So (sorry, but I *have* to ask this) *how* would you ensure that a country with over a billion people and nuclear weapons "didn't escape justice"???

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As opposed to invading and taking over by force? Yes.
I thought you said sanctions don't work, because you can't enforce them on someone like Saddam?
Go back and read it again. It's at the top of this post.

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It's amazing to think that someone would think that starting a war is really a good way of trying to fix a problem like this.
Wether you think Iraq is better off without Saddam or not, he is in prison and he'll answer to his evil deeds. You would never have seen that under UN sanctions.
And this is a simple post facto "ends justify the means" justification for an act which *was* illegal. It doesn't work when Blair uses it, it won't work when you use it.

Quote:

I don't like war for precisely the same reasons as everyone else. Innocent people lose lives, things are destroyed, and it costs a fortune. If there was any other way to remove Saddam and his 2 sons from power without force, I would have supported that before war.
Sings "I've got a little list..."

http://www.cs.rice.edu/~ssiyer/minstrels/poems/135.html

punky 03-05-2005 18:08

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Graham
There is *nothing* there about removing him from power because that is *NOT* the UN's job.

OK, if ensuring that people live in a world full of justice, rights, and protection, isn't the the job of the UN, then who should do it? Or is it a case of tough titties for them?

I can't speak for you of course, but I know that if I, in this country, was ever put into the position like the Iraqis were in 1990, then I wouldn't give a s**t who helped me, so long as someone did. I wouldn't expect everyone to just say "tough" and turn their backs. That's indecent.

Xaccers 03-05-2005 18:19

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by BBKing
Zimbabwe - nasty madman in charge who rigs elections and persecutes opponents while starving the country into the stone age. No oil, so that's out.

Currently they're trying diplomacy (they gave saddam 12 years after all) and to get africa to stand up for itself and sort it out without external help.

Quote:

Saudi Arabia - dodgy judicial system, not much democracy, not much in the way of rights for women, cradle of al-Qaeda. Lots of oil, though, and they're quite happy to swap it for our military hardware, so that's ok.
Things are improving there, they are getting towards democracy. What people forget is they are still in the 15th century, now compare how europe was back in the 1400's!

Quote:

Israel - whew, where to start? WMDs, openly defiant of myriad UN resolutions, internally repressive along racial/religious lines. Apparently you can invade Iraq when this happens, but not Israel. Odd.
That's because there's a difference between the resolutions passed against iraq and the "guidlines" passed by the UN against Israel. Oh and please ignore the BBC when it comes to Israel, they are very biased in a pro terrorist way.

andyl 03-05-2005 18:43

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Xaccers
Things are improving there, they are getting towards democracy. What people forget is they are still in the 15th century, now compare how europe was back in the 1400's!

An interesting perspective. And the undoubted connections between SA and September 11?



Quote:

That's because there's a difference between the resolutions passed against iraq and the "guidlines" passed by the UN against Israel. Oh and please ignore the BBC when it comes to Israel, they are very biased in a pro terrorist way.
Hmm, biased in terms of detailing both sides within an historical context like so?! http://news.bbc.co.uk/1/hi/world/mid...st/3240911.stm

Xaccers 03-05-2005 20:51

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by andyl
An interesting perspective. And the undoubted connections between SA and September 11?

Well, I did spend 5 years out there....
Surely you're not suggesting that the saudi goverment backed the attacks?
It would be like saying Eire is to blame for all the IRA bombings!



Quote:

Originally Posted by andyl
Hmm, biased in terms of detailing both sides within an historical context like so?! http://news.bbc.co.uk/1/hi/world/mid...st/3240911.stm

When was the last time the BBC pointed out that Gaza is Egyptian land, or the West bank is Jordanian?
When was the last time the BBC pointed out the Israel wanted to return Gaza but Egypt refused to take it because of the Palestinians?
When was the last time the BBC showed the million dollar houses in Gaza instead of run down ruins?
When was the last time the BBC explained the actual reasons behind buldozing houses?
When was the last time the BBC pointed out that Israelis give free healthcare to palestinians because the PA has been too busy embesseling the billions we've given them rather than building hospitals?
When was the last time the BBC showed how muslims, druze, jews, christians and all the other beliefs/races actually get on together?
When was the last time the BBC pointed out that Sinai, the west bank and golan heights were taken after its neighbouring countries tried to invade to wipe Israel off the face of the map?
When was the last time the BBC pointed out how appaulingly the Jordanians and Egyptians treated people in their refrugee camps and how much better they were treated when Israel took them over?

Graham 03-05-2005 21:43

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by punky
Quote:

Originally Posted by Graham
There is *nothing* there about removing him from power because that is *NOT* the UN's job.

OK, if ensuring that people live in a world full of justice, rights, and protection, isn't the the job of the UN, then who should do it? Or is it a case of tough titties for them?

Taxi! Follow those goalposts...!!

That is an entirely different discussion to the topic about the legality (or lack thereof) of attacking Iraq.

Quote:

I can't speak for you of course
Odd that, because you've certainly made a few tries at it...

Quote:

but I know that if I, in this country, was ever put into the position like the Iraqis were in 1990, then I wouldn't give a s**t who helped me, so long as someone did. I wouldn't expect everyone to just say "tough" and turn their backs. That's indecent.
And I wish the world was as simple (or simplistic) as you'd like it to be. Regrettably it's not.

Yes, things should change, but *not* at the point of a gun, not even if it's under the direction of the UN.
__________________

Quote:

Originally Posted by Xaccers
When was the last time the BBC pointed out [...]

Or, indeed, any other news organisation that I'm aware of.

Don't blame the BBC for the world's wrongs.

Xaccers 03-05-2005 21:46

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Graham
Yes, things should change, but *not* at the point of a gun, not even if it's under the direction of the UN.

do you mean in a perfect world or the one we live in currently?


Quote:

Originally Posted by Graham
Or, indeed, any other news organisation that I'm aware of.

Don't blame the BBC for the world's wrongs.

I've always been under the impression that the BBC's charter was to be professional and impartial, unlike indipendant media organisations?

Graham 03-05-2005 21:49

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Xaccers
Quote:

Originally Posted by Graham
Yes, things should change, but *not* at the point of a gun, not even if it's under the direction of the UN.

do you mean in a perfect world or the one we live in currently?

Since we don't live in a perfect world and never will, what do you think?

But using violence to change people's minds does not work.

Quote:

I've always been under the impression that the BBC's charter was to be professional and impartial, unlike indipendant media organisations?
All news organisations *should* be impartial, unfortunately that seems to be the exception rather than the rule.

I think it may be a case of the BBC being the worst, apart from all the rest.

Xaccers 03-05-2005 21:56

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Graham
Since we don't live in a perfect world and never will, what do you think?

But using violence to change people's minds does not work.

Depends what side of the argument you're on.
There have been many invasions which have been stopped through violence, this changing the invading country's leaders mind that invading would be a good idea.


Quote:

Originally Posted by Graham
All news organisations *should* be impartial, unfortunately that seems to be the exception rather than the rule.

I think it may be a case of the BBC being the worst, apart from all the rest.


And all leaders *should* be honest and truthful.
I'm starting to think you're talking about a perfect world after all :)

To me, it is looking like Mr B Liar colluded with the Bush administration and decided to attack iraq, then to try and cover his back when the legality looked dubious by trying for a second resolution (if he was serious he would not have gone to war without it, otherwise what was the point of trying for it?), the AG spoke with bush's lawyers and changed his mind, parliment was betrayed and mislead and our forces were sent into a mess.
Someone please remind me this is the UK, because from the above it doesn't sound like it!
Sure the outcome is potentially a good one, Iraq no longer under the rule of an "evil dictator" but it could have been handled so much better.

Graham 04-05-2005 00:14

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Xaccers
Someone please remind me this is the UK, because from the above it doesn't sound like it!

See my thread about the Inquiries Act... :mad: :(

Tezcatlipoca 04-05-2005 00:27

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by BBKing
Uzbekistan - nasty Stalinist dictatorship, disappearances, secret police, lack of press freedom, no democracy. Friend of the USA, of course, so that's out


Ah, Uzbekistan. The (now former) British Ambassador to Uzbekistan spoke out quite strongly & openly about the awful human rights' abuses which take place there (including boiling "dissidents" alive). He was, of course, removed from his job (can't upset our "friends").

http://news.bbc.co.uk/2/hi/uk_news/3743052.stm


He's now standing against Jack Straw in Blackburn.

http://www.guardian.co.uk/g2/story/0,,1439384,00.html

Orior 04-05-2005 15:31

Re: Iraq legal advice leaked - Update: More leaks!
 
Shoot me if this is off topic but.....

In my opinion, more than half the British public were behind the government when they entered into confict with Iran. A lot of those gullible people now blame Tony Blair for taking them in. Well there's nothing you can do about it now. Labour will be in office for another 4 years. But that's nothing to the pain that has been heaped upon the Iraqi people. Their country is an absolute mess. How much better are the Iraqi people now as they were under Saddam?

I hope that the US and Brits have learned a big lesson here. If you take out a dictator who you dont like, first make sure you ask yourself "what will happen next?".

Xaccers 04-05-2005 20:52

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by Orior
Shoot me if this is off topic but.....

In my opinion, more than half the British public were behind the government when they entered into confict with Iran. A lot of those gullible people now blame Tony Blair for taking them in. Well there's nothing you can do about it now. Labour will be in office for another 4 years. But that's nothing to the pain that has been heaped upon the Iraqi people. Their country is an absolute mess. How much better are the Iraqi people now as they were under Saddam?

I hope that the US and Brits have learned a big lesson here. If you take out a dictator who you dont like, first make sure you ask yourself "what will happen next?".

Well they no longer live in fear of a knock on the door in the night and then disapearing for voicing anti-saddam views.
The marshlands are recovering, letting wildlife return.
They now have the ability to vote for who's in charge without fear of death from whomever they didn't vote for.
Tens of thousands of shia men, women and children are no longer being lined up and shot simply for their religious beliefs.
Medical supplies and aid is now getting where it is needed, unlike under sanctions when it wasn't, which caused thousands to die.
There is now a thriving technology trade and comerce is booming.
The ailing infrastructure is being serviced and rebuilt, many towns now have constant electricity and fresh water which they didn't have under saddam.
So for the majority of iraqi's things are much better or soon will be better.

BBKing 15-05-2005 14:59

Re: Iraq legal advice leaked - Update: More leaks!
 
Xaccers has clearly been reading US and UK military press briefings rather than anything particularly accurate. No point refuting each point individually, except to say they're mostly wrong, particularly the one about the fear of the knock at the door, given the level of political assassinations at the moment, often preceded by, er, a knock at the door, and the fact that several hundred people have died violently in Iraq since that posting. Obviously it's a different, better sort of corpse than under Saddam.

Anyway, I was reviving this thread because of Matt D's comments about Uzbekistan - people may have noticed the US and UK supported Stalinist dictatorship there is in a spot of trouble - troops on the street, violence, crackdowns, systematic human rights violations. When other countries in the area (Kyrgyzstan, Ukraine, Georgia) overthrow Soviet throwback *******s and seek a bit of freedom we support them (the Ukrainian revolution was a carefully stage-managed one using American money, then again, the election-rigging chap on the other side was backed with substantially more cash from Russia) and send our people over to congratulate them.

So how come when it's the much bloodier Uzbekistan situation we 'call for restraint from both sides'. In Ukraine the election was rigged - in Uzbekistan the opposition aren't even allowed to stand in elections and there's no free press and people get boiled alive to make them talk or just because their face doesn't fit.

So what I'm wondering is, if Saddam was so nasty that it's better to bomb his country to bacteria and start a civil war there what's so special about Uzbekistan that we support their government as a 'stable force' and ship terrorist detainees over there to be tortured on our behalf?

Paddy1 15-05-2005 23:47

Re: Iraq legal advice leaked - Update: More leaks!
 
Quote:

Originally Posted by BBKing
So what I'm wondering is, if Saddam was so nasty that it's better to bomb his country to bacteria and start a civil war there what's so special about Uzbekistan that we support their government as a 'stable force' and ship terrorist detainees over there to be tortured on our behalf?

No oil?

No strategic value?

Nah. Couldn't be anything like that ;)

BBKing 16-05-2005 14:37

Re: Iraq legal advice leaked - Update: More leaks!
 
Actually, being a boring sod, I looked up Iraq and Uzbekistan in the CIA factbook

Both about the same land area.
Both about the same population (26m).
Iraq produces 2.2m barrels of oil/day, Uzbekistan produces 146,000.

Comment column in the Grauniad today* asking how the hell you are supposed to move towards democracy by peaceful means in a country where the security services use torture, bullets and boiling alive, where the 'judicial system' has a 99% conviction rate (i.e. none of the people sprung from prison the other day were guilty in the sense we know, much less 'terrorists' as the US maintains) and all that lot is propped up by $80m of US money last year.

500 killed in Iraq by rebels and Condoleeza Rice visits
500 killed in Uzbekistan by the regime and it's dismissed with calls for restraint from both sides. How do you restrain yourself from getting shot, I wonder?

*Edit - by the former UK ambassador
http://www.guardian.co.uk/comment/st...484631,00.html


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