header-logo header-logo

23 June 2016 / Sir Geoffrey Bindman KC
Issue: 7704 / Categories: Opinion
printer mail-detail

After Chilcot

nlj_7704_bindman

If Chilcot finds the Iraq invasion violated the UN Charter, what are the consequences, asks Geoffrey Bindman QC

The Chilcot report, when published next month, will surely criticise some of those responsible for launching the Iraq war on 20 March 2003 and for the suffering and damage which it caused. Lawyers are certainly already mulling over the prospect of litigation, criminal as well as civil. Will Chilcot find breaches of international law? Will it find evidence of criminal liability? If so, are prosecutions possible?

Use of force

Before the beginning of hostilities in 2003 the legality of an invasion of Iraq was intensively considered and publicly debated. Attention focused on the position in international law which is premised on the prohibition in the United Nations Charter of the use of force save in two exceptional cases. One is self-defence. The other is where force is authorised by the Security Council.

Self-defence did not arise because neither Britain nor the US was under attack or imminently threatened with attack. Even if it were true that Iraq

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll