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- Mar 31, 2009
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Classified documents containing advice for Tony Blair on the legality of the Iraq war have been made available for the first time.
The release of the documents, including the advice of former Attorney General Lord Goldsmith, had been blocked by the previous Labour government.
But the Cabinet Office has now agreed to de-classify the documents due to the "very exceptional" nature of the inquiry.
Comments included in the papers support Lord Goldsmith's statement to the Iraq inquiry that despite initially believing military intervention would be illegal, his opinion "evolved" ahead of the March invasion.
The main argument about the legality of the war centres on whether a second UN resolution was needed before military action could be taken.
In correspondence with the former prime minister in January 2003, Lord Goldsmith stated: "I remain of the view that the correct legal interpretation of resolution 1441 is that it does not authorise the use of military force without a further determination by the Security Council."
He continues that arguments can be made that paragraph 12 of the resolution simply required a council discussion of the issue rather than a solid decision.
"But having considered the arguments on both sides, my view remains that a further decision is required," he concludes.
However, within three months of the correspondence, Lord Goldsmith had changed his opinion and decided a case could be made that other existing resolutions authorised military action.
The former Attorney General denied that he changed his opinion due to political pressure, despite visiting Washington in that time.
Campaigners have long asked for documents outlining the legal advice given to the government be released.
Sir Gus O'Donnell, head of the civil service, explained that normally legal advice to ministers was not published so as not to compromise their ability to provide "full, frank and candid advice".
But he acknowledged the arguments about the Iraq war gave it a "unique status".
Iraq Inquiry Releases Documents Containing Legal Advice For Tony Blair On The Iraq War | Politics | Sky News
The release of the documents, including the advice of former Attorney General Lord Goldsmith, had been blocked by the previous Labour government.
But the Cabinet Office has now agreed to de-classify the documents due to the "very exceptional" nature of the inquiry.
Comments included in the papers support Lord Goldsmith's statement to the Iraq inquiry that despite initially believing military intervention would be illegal, his opinion "evolved" ahead of the March invasion.
The main argument about the legality of the war centres on whether a second UN resolution was needed before military action could be taken.
In correspondence with the former prime minister in January 2003, Lord Goldsmith stated: "I remain of the view that the correct legal interpretation of resolution 1441 is that it does not authorise the use of military force without a further determination by the Security Council."
He continues that arguments can be made that paragraph 12 of the resolution simply required a council discussion of the issue rather than a solid decision.
"But having considered the arguments on both sides, my view remains that a further decision is required," he concludes.
However, within three months of the correspondence, Lord Goldsmith had changed his opinion and decided a case could be made that other existing resolutions authorised military action.
The former Attorney General denied that he changed his opinion due to political pressure, despite visiting Washington in that time.
Campaigners have long asked for documents outlining the legal advice given to the government be released.
Sir Gus O'Donnell, head of the civil service, explained that normally legal advice to ministers was not published so as not to compromise their ability to provide "full, frank and candid advice".
But he acknowledged the arguments about the Iraq war gave it a "unique status".
Iraq Inquiry Releases Documents Containing Legal Advice For Tony Blair On The Iraq War | Politics | Sky News