City lawyers' group keeps powder dry in Iraq vote
GULF WAR: Bar leaders question legality of current conflict
The City of London Law Society and its Sydney counterpart were alone in abstaining from a vote at the World City Bar Leaders annual conference that strongly implied that the war against Iraq is illegal.
Meeting in Paris earlier this month, the 17 bars - including those of Paris, New York and Tokyo - resolved: 'Under presently known circumstances we believe that under international law the decision whether to authorise the use of force rests with the United Nations.'
Robin Healey, one of the City's representatives at the meeting, said: 'We felt that we did not have a mandate from our membership to decide matters of politics and international law.'
A source at the New York City Bar Association, which backed the resolution, said: 'This resolution was passed before war was actually declared - when the Azores summit was taking place - and it should be seen in that context.
The words "presently known circumstances" are significant because facts available to governments might alter the position taken by the bars.'
Meanwhile, the City of London Law Society was the only one to abstain on another resolution tabled at the meeting, which condemned attempts to breach attorney-client privilege, and seemed aimed at the Second European Union Money Laundering Directive.
The resolution stated: 'Efforts to require lawyers to report evidence or even suspicion of prior client misconduct...
undermine the lawyer's capacity to fulfil his or her role as a defender of the client's rights.'
Mr Healey said: 'We felt this was against the spirit of reforms already made in the UK, through the Proceeds of Crime Act.'
Jeremy Fleming
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