Doubts cast over international legal opinion on Iraq

The attorney-general, Lord Goldsmith of Allerton, broke his long silence over the legality of the imminent conflict in Iraq this week, declaring it legal, but senior government lawyers told the Gazette that international law opinions are of dubious value.

Lord Goldsmith's parliamentary statement claimed authority for force under United Nations resolution 687, which imposed obligations on Saddam Hussein's regime after the last Gulf war.

But senior government lawyers - who asked not to be identified - cast doubt this week on the usefulness of an opinion on the legality of war.

One said: 'In one sense there's no such thing as international law - it tends to be framed by whoever won the last war.' Another said: 'If you ask me: "Is it legal?" I'd say "yep", but then France and Russia could probably provide equally compelling arguments to say it wasn't.

It really depends whether you think international law is writ in stone, or rather a fluctuating, complex area of law where there are no distinct rules.'

See feature, (see Gazette [2003] 20 March, page 16)

Jeremy Fleming