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British invasion of Iraq was illegal: ex-govt lawyer

British hostage says beaten, shackled in kidnap ordeal
London (AFP) Jan 26, 2010 - A Briton kidnapped in Iraq described on Tuesday how he was chained up, beaten and subject to a mock execution during his harrowing hostage ordeal. "We were in chains, shackled, blindfolded, handcuffed, periodically beaten, water poured over us," Peter Moore told Britain's Channel 4 television news, in his first public comments since being released. The computer expert was freed unharmed in December after 31 months in captivity during which all four of his bodyguards -- who were abducted with him -- are thought to have been killed. The 36-year-old said there were "many, many times" he thought he would not make it, adding on one occasion he believed his captors had actually executed him.

"One time, the guards came in and handcuffed me behind my back, blindfolded me, hauled me out, put a pistol to my head and pulled the trigger and fired another one off behind my back," said Moore. "I just thought I was dead. Then I realised that i could still hear laughing, I was still handcuffed and that wasn't the case." Moore said 2007, the year he was abducted, "was pretty harsh" but added that the situation improved as time passed and by last year he was out of chains and had a television and even a games console. The Briton was snatched with his four guards from the finance ministry in Baghdad in May 2007 by some 40 gunmen from the League of the Righteous, a breakaway Shiite militia. The bodies of three of the guards were handed to British officials last year and Moore was freed after several hundred insurgents from the group, including the leader, were released from US custody.

On Tuesday, he called for the final body -- of 34-year-old guard Alan McMenemy -- to be handed over. "Obviously there's still one body left and obviously I ask that that body is released immediately," he said. Describing the latter stages of his abduction, Moore said: "I was separated off from the others in 2008, and in 2009 for me things were actually pretty good, things improved a lot. "I was out of the chains, I had a (games console), I had a satellite TV, a laptop computer, ensuite shower and toilet facilities." And he told of his disbelief when he was finally released -- saying he once again feared his captors were going to kill him. "In all honesty I didn't believe them when they first said I was released, and then I thought I was really going to be executed," he said. The realisation he was free only dawned on Moore when "I stepped out of the vehicle and somebody from the Foreign Office walked up to me," he said. Speculation has swirled over whether Moore was held in Iran during his kidnap ordeal. But the computer expert said on Tuesday he believed he was held in Baghdad and Basra, and moved from house to house every three months.
by Staff Writers
London (AFP) Jan 26, 2010
The invasion of Iraq in 2003 was illegal, a former top British government lawyer told a public inquiry into the war Tuesday, three days before the appearance of ex-prime minister Tony Blair.

"I considered that the use of force against Iraq in March 2003 was contrary to international law," Michael Wood, chief legal advisor to the Foreign Office between 1999 and 2006, told the Chilcot inquiry in London.

"In my opinion, that use of force had not been authorised by the Security Council, and had no other legal basis in international law."

Wood said he told ministers of his concerns but was brushed aside, and in the end the government's top lawyer, attorney general Peter Goldsmith, gave the green light for military action.

The focus of the Chilcot inquiry, which began in November, has turned to the legality of the war ahead of the appearance of Blair, who took Britain into the conflict alongside then US president George W. Bush despite strong opposition.

Blair partly justified the March 2003 invasion by citing Iraqi leader Saddam Hussein's continued defiance of United Nations Security Council resolutions on weapons of mass destruction (WMD).

Goldsmith gave his approval just days before war, saying UN resolution 1441 passed in November 2002 provided a legal base for military action.

Some critics charge that he was pressured into this view, that the conflict was in fact illegal and Blair should be prosecuted accordingly.

Two weeks before the invasion, Goldsmith said a case could be made for war under 1441 but it would be "safest" to get a second UN resolution explicitly authorising force.

When attempts to achieve this collapsed, he gave the go-ahead.

But Wood said 1441 made clear it was up to the UN Security Council to decide whether Saddam had complied with their demands -- not individual states -- and no such decision had been made.

A Dutch commission made this point this month when it declared that the invasion had "insufficient legitimacy under international law".

Wood said he challenged the British government's view in January 2003 after then foreign secretary Jack Straw told the US vice president Dick Cheney that it would be "ok" if no second UN resolution were obtained.

He wrote to Straw saying there was "no doubt" that without further Security Council action or any major developments, "the UK cannot lawfully use force against Iraq" -- but the minister brushed his concerns aside.

"He (Straw) took the view that I was being very dogmatic and that international law was pretty vague and that he wasn't used to people taking such a firm position," Wood said.

Wood's testimony supports that of his former deputy, Elizabeth Wilmshurst, who resigned before the invasion because she believed it was illegal.

Wilmshurst told the inquiry Tuesday that all the Foreign Office lawyers had been "entirely of one view" and she believed Goldsmith was with them, until he delivered his legal opinion on March 7, 2003.

"The formal advice wasn't asked until the very last moment, when really it would have been very, very difficult for him to give a different view without giving a major public relations advantage to Iraq," she said.

Goldsmith is due to appear before the inquiry on Wednesday.

Critics of the invasion say Blair, who gives evidence Friday, should be prosecuted for violating international law.

Philippe Sands, professor of law at University College London, told AFP he may be vulnerable under the international crime of aggression, although this is not enforceable in English courts or the International Criminal Court.

"It is a bit of a stretch, but the possibility cannot be excluded," he said, adding: "At the very least Mr Blair may wish to exercise some care in making his international travel arrangements."



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US troops start joint operations in Iraq's disputed zones
Baghdad (AFP) Jan 26, 2010
US troops have started joint operations with Iraqi forces both Arab and Kurdish in disputed northern zones aiming to boost trust and reduce tensions between Sunni Arabs and Kurds, the army said Tuesday. The deal marks a new chapter in the US military's role since the 2003 invasion that toppled Saddam Hussein and could once again see them involved in full-scale operations in urban areas. ... read more







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