The plot thickens

London Times:

A SHARP increase in British and American bombing raids on Iraq in the run-up to war “to put pressure on the regime” was illegal under international law, according to leaked Foreign Office legal advice.

The advice was first provided to senior ministers in March 2002. Two months later RAF and USAF jets began “spikes of activity” designed to goad Saddam Hussein into retaliating and giving the allies a pretext for war.

The Foreign Office advice shows military action to pressurise the regime was “not consistent with” UN law, despite American claims that it was.

(snip)

The increased attacks on Iraqi installations, which senior US officers admitted were designed to “degrade” Iraqi air defences, began six months before the UN passed resolution 1441, which the allies claim authorised military action. The war finally started in March 2003.

This weekend the Liberal Democrat peer Lord Goodhart, vice-president of the International Commission of Jurists and a world authority on international law, said the intensified raids were illegal if they were meant to pressurise the regime.

He said UN Resolution 688, used by the allies to justify allied patrols over the no-fly zones, was not adopted under Chapter VII of the UN Charter, which deals with all matters authorising military force.

“Putting pressure on Iraq is not something that would be a lawful activity,” said Goodhart, who is also the Liberal Democrat shadow Lord Chancellor.