Home  Media Press Releases Anti-War Iraq Inquiry must identify criminal liability, says CND legal team
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Iraq Inquiry must identify criminal liability, says CND legal team |
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Tuesday, 24 November 2009 |
Lawyers
acting on behalf of the Campaign for Nuclear Disarmament and
Peacerights last night wrote to Sir John Chilcot reiterating their
demand for assurances over the scope of the Inquiry. They also raised
fresh concerns about Government departments being allowed to define
what information is to be kept secret [see note 3 for letter text].
Public Interest Lawyers have reiterated demands made in writing last
month and as yet unresponded to regarding the Inquiry's investigation
into the legality of the war, the commission of war crimes and the
democratic deficit in the lead up to the invasion. In late 2002 the
same legal team, acting for CND, took the Government to court to
challenge the legality of the planned war and has previously considered
a legal challenge to force greater openness on the current Inquiry.
The
latest letter to Sir John notes that the disclosure protocol issued by
the Inquiry gives Government departments the final say regarding
publication of any information they deem sensitive or injurious to the
public interest. The legal team question whether Sir John will be
prepared to revisit this protocol in the event that unjustifiably broad
redactions and/or non disclosure is sought by the Government and
whether he is prepared to give an assurance that all such instances of
non disclosure will be noted in his final report.
Kate Hudson, Chair of the Campaign for Nuclear Disarmament, said:
"The opening of the Inquiry today presents a real opportunity for us to
finally gain an understanding of how the disastrous and illegal
decision to go to war was taken. But CND also has serious concerns over
the ability of government departments to adequately police their own
disclosure of sensitive documents - vital to allowing the public a
comprehensive insight into the process. The Inquiry must not be
jeopardised by Government reticence to publicly identify and allocate
responsibility and criminal liability. The war and occupation of Iraq
have been hugely divisive in British public life and only a full and
open investigation can finally lay these issues to rest and help
restore public confidence in the morality and judgement of our
politicians. The tragic loss of life in Iraq, as a result of Government
action, is a permanent stain on the reputation of our country."
"We
will continue to push for full openness in the Inquiry, pursuing this
through all means possible. The British public, the families of those
who have lost their lives - here and in Iraq - and those who have been
injured in this illegal war, deserve no less."
CND has a strong
record in this area. Prior to the invasion, CND took extensive legal
steps to challenge the government's excuse for attacking Iraq. In
December 2002, it took the government to court to ask for an advisory
opinion on the legality of using UNSC Resolution 1441 as a pretext for
war. This was argued by Rabinder Singh QC and Charlotte Kilroy acting
for CND [note 4]. Three judges ruled that they could not give an
opinion as they had no jurisdiction on this aspect of international law
and that it may be 'damaging to the public interest in the field of
international relations, national security or defence'.
The
same CND legal team also produced an opinion on the Attorney General's
use of Resolutions 678, 687 and 1441 to authorise the war, both on the
eve of the war and after it became clear that weapons of mass
destruction were not being found in Iraq [note 5]. Consistent
government refusal to agree to a Public Inquiry and Jack Straw's veto
of the release of the crucial Cabinet meetings of March 13th and 17th
2003, suggest that the government knew it was breaking international
law in attacking Iraq and went ahead anyway.
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- For further information and interviews please contact Ben Soffa, CND's Press Officer, on 0207 7002350 or 07968 420859
- The Campaign for Nuclear Disarmament (CND) is one of Europe's
biggest single-issue peace campaigns, with over 35,000 members in the
UK. CND campaigns for the abolition of all nuclear weapons everywhere. www.cnduk.org
- Letter to Sir John Chilcot at http://www.cnduk.org/temp/chilcot23-10-09.pdf
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