A senior British law lord, former Lord Chief Justice Lord Bingham, stated yesterday in a speech at the British Institute of International and Comparative Law in London that the decision to go to war in Iraq in 2003 was “a serious violation of international law”.
Lord Bingham’s comments were made in reference to the Parliamentary statement made by the then Attorney-General, Lord Goldsmith, that existing UN resolutions justified the decision to resort to force against Iraq, due to the fact that this country had violated the terms of Resplution 1441 (November 2002). This resolution stated that Iraq was in material breach of the ceasefire terms under Resoluton 687, relating to Weapons of Mass Destruction, long-range missiles and the refusal to compensate Kuwait for the looting after the invasion of 1991.
However, at the time, the inspection teams led by Hans Blix had found absolutely nothing incriminating and were continuing their work in the field. Iraq had no WMD. Secondly, Resolution 1441 stated clearly that the UN Security Council would “remain seized of the matter” in the event of material breach (which in the event did not exist) and in any case, the basic precept of the UN Charter declares that decisions to go to war must necessarily pass by the UNSC.
Moreover, why did the USA in particular apply so much pressure to Member States of the Council to back a decision to go to war if it was not necessary? Why did Tony Blair, the then Prime Minister of the United Kingdom, declare that they were working on a second and separate Resolution?
And where is the legality of attacking civilian targets with military hardware? Where is the legality of dropping cluster bombs in residential areas? Is it legal to beat prisoners? Is it legal to torture people? Is it legal to set dogs on detainees? Is it legal to kidnap and take people to he held in concentration camps without the right to due legal process? Is it legal to force prisoners to stay awake through shining lights in their faces and playing loud music day and night?
Is it legal to urinate in their food? Is it legal to force someone to consume what he would not normally eat due to his religion or culture? Is it legal to rape female detainees? Is waterboarding legal? Is it legal to wire up a prisoner’s testicles? Is it legal to deny a prisoner access to sanitary installations?
Is it legal to force prisoners to strip naked and lie in pyramids on the floor? Is it legal to kick them on the ground? Is it legal to shoot wounded prisoners of war? Is it legal to deny access to medical treatment? Is it legal to strafe civilian areas with artillery fire? Is it legal to target hospitals and hotels?
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