Has Nick Clegg helped the case for a war crimes tribunal?

Clegg’s gaffe over the “illegal” war could strengthen case for involvement of the international cour

Nick Clegg raised more than a few eyebrows yesterday when he called the Iraq war "illegal" while standing in for David Cameron at PMQs.

Clegg might have made a habit of condemning the war while in opposition, but appeared to forget that his partners in government now include neocons such as George Osborne and Iain Duncan Smith, who voted in favour of the conflict. During a heated exchange with Jack Straw, he said:

Maybe [Straw] one day -- perhaps we will have to wait for his memoirs -- could account for his role in the most disastrous decision of all, which is the illegal invasion of Iraq.

The obvious issue is that he has highlighted a division in the coalition, but has Clegg also strengthened the case for legal action?

The Guardian today quotes senior lawyers wondering whether his statement is legally significant because it was made while speaking in the Commons:

Philippe Sands, professor of law at University College London, said: "A public statement by a government minister in parliament as to the legal situation would be a statement that an international court would be interested in, in forming a view as to whether or not the war was lawful."

The No 10 press office has done some hasty damage limitation. A spokesman said that Clegg had been speaking in his capacity as leader of the Liberal Democrats, rather than Deputy Prime Minister -- slightly odd, perhaps, given that he was standing at the despatch box, answering questions on behalf of the government at PMQs.

The coalition government has not expressed a view on the legality or otherwise of the Iraq conflict. But that does not mean that individual members of the government should not express their individual views. These are long-held views of the Deputy Prime Minister.

The issue of the war's legality has rumbled quietly on since 2003. My colleague Mehdi Hasan wrote in January that:

The New Statesman has learned from a senior legal source that not one member of Britain's new 12-justice Supreme Court believes that the war was lawful. One former law lord, Johan Steyn, has called on the Iraq inquiry to publish an interim report before the general election declaring the war illegal.

A recent Sunday Times poll showed that a quarter of the public wants to see Blair stand trial. The International Criminal Court's chief prosecutor even said in 2007 that he could "envisage" a scenario where this took place.

In theory, a senior minister negating the war's legal basis could add force to the argument for a tribunal, should the international court consider the case. But somehow -- particularly as it does not signify a change in the government's official position, and the Chilcot inquiry is not seeking to apportion blame on this point -- that seems distinctly unlikely.

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

All photos: India Bourke
Show Hide image

“They cut, we bleed”: activists Sisters Uncut protest against closures of women's services

 “Our blood should not pay for our rape.”

Over 500 domestic violence survivors and support workers processed through central London this weekend. The protest, staged by the feminist direct action group Sisters Uncut, mourned the women’s services that are losing out as a result of the government's austerity drive.

Since November 2014 the group has occupied streets, burned copies of the Daily Mail, and hijacked the Suffragette film premiere. But on Saturday the mood was somber. In Soho Square the group staged a symbolic funeral service. Attendees stood in a protective circle, fists raised, while members took turns to read out the names of the scores of women who’ve been killed by men in the past year:  “Anne Dunkley, 67; Nadia Khan, 24; Lisa Anthony, 47…”. The youngest was just 14 years old.

The service culminated in a promise “to never forget” the dead, and also to protect the living: “We must love and support one another; we have nothing to lose but our chains".

As the protestors passed St Martins in the Fields Church, dressed in black veils and funeral attire, the crowd of passers-by broke into spontaneous applause. “It gave me goosebumps”, Caroline, an activist and former victim of abuse told me. “You expect people on the march to be supportive but not the people on the street. I’ve been on other marches and people normally complain about you being selfish and blocking up the streets but this response makes you feel like people do  care.”

The show of public support is especially welcome in the aftermath of the Chancellor’s Autumn Statement. Cuts to local authority budgets have already led to the closure of over 30 domestic violence services since 2010, including Eaves, a charity that provided services for single, low-income and vulnerable women.

Further erosions to local council budgets will only put more services and lives at risk, activists say. Also of concern is Osborne’s decision to devolve responsibility for raising a social care tax (of up to 2 per cent on council tax) to local authorities. This tips hostility to tax increases away from central government to local authorities, and could place greater pressure on women’s services to compete for funding.

The Chancellor offered a supposed silver lining to the cuts with the promise that VAT money raised from the EU’s compulsory tax on sanitary products will be ringfenced for women’s charities, such as the Eve Appeal and Women’s Aid.

The implication, however, that only women are to pay for helping the victims of domestic violence was met with derision from Sisters Uncut. As the marchers approached their final destination in Trafalgar Square, red dye turned the square’s famous fountains the colour of blood. “This blood won’t wash the blood from Osborne’s hands,” read one tampon-draped banner; “Our blood should not pay for our rape”, read another.

For those on the march, the cuts are an affront on many levels. All those I spoke to worked in some form of public service; everything from housing to foster care. But some have had to move out of the women’s services sector for the lack of funding.

Louisa used to work for a domestic violence service in London until it was forced to close last month. “I’m here because I’ve witnessed first hand what the cuts are doing to women and how much the organisations are having to squeeze what they can provide.”

All public services have legitimate claims to support - from the 14-strong police team that escorted the marchers, to the sweepers who were left to dredge the protesters’ roses out of the fountains and brush away the tampons that had fallen from their banners.

The danger, however, according to Caroline, is that the needs of domestic violence victims are all too easy to sideline: “This is by its nature something that goes on behind closed doors,” she says. As funding tightens, these voices musn’t be squeezed out.

Sisters Uncut is an intersectional group open to all who identify as women. The national domestic violence helpline offers help and support on 0808 2000 247. Members of the LGBT communities can also access tailored support from Broken Rainbow on 0800 9995428.

India Bourke is the New Statesman's editorial assistant.