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.

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Should London leave the UK?

Almost 60 per cent of Londoners voted to stay in the EU. Is it time for the city to say good by to Brexit Britain and go it alone?

Amid the shocked dismay of Brexit on Friday morning, there was some small, vindictive consolation to be had from the discomfort of Boris Johnson as he left his handsome home in EU-loving Islington to cat-calls from inflamed north London europhiles. They weren’t alone in their displeasure at the result. Soon, a petition calling for “Londependence” had gathered tens of thousands of names and Sadiq Khan, Johnson’s successor as London mayor, was being urged to declare the capital a separate city-state that would defiantly remain in the EU.

Well, he did have a mandate of a kind: almost 60 per cent of Londoners thought the UK would be Stronger In. It was the largest Remain margin in England – even larger than the hefty one of 14 per cent by which Khan defeated Tory eurosceptic Zac Goldsmith to become mayor in May – and not much smaller than Scotland’s. Khan’s response was to stress the importance of retaining access to the single market and to describe as “crucial” London having an input into the renegotiation of the UK’s relationship with the EU, alongside Scotland and Northern Ireland.

It’s possible to take a dim view of all this. Why should London have a special say in the terms on which the UK withdraws from the EU when it ended up on the wrong side of the people’s will? Calling for London to formally uncouple from the rest of the UK, even as a joke to cheer gloomy Inners up, might be seen as vindicating small-town Outer resentment of the metropolis and its smug elites. In any case, it isn’t going to happen. No, really. There will be no sovereign Greater London nation with its own passport, flag and wraparound border with Home Counties England any time soon.

Imagine the practicalities. Currency wouldn’t be a problem, as the newborn city-state would convert to the euro in a trice, but there would be immediate secessionist agitation in the five London boroughs of 32 that wanted Out: Cheam would assert its historic links with Surrey; stallholders in Romford market would raise the flag of Essex County Council. Then there is the Queen to think about. Plainly, Buckingham Palace could no longer be the HQ of a foreign head of state, but given the monarch’s age would it be fair to turf her out?

Step away from the fun-filled fantasy though, and see that Brexit has underlined just how dependent the UK is on London’s economic power and the case for that power to be protected and even enhanced. Greater London contains 13 per cent of the UK’s population, yet generates 23 per cent of its economic output. Much of the tax raised in London is spent on the rest of the country – 20 per cent by some calculations – largely because it contains more business and higher earners. The capital has long subsidised the rest the UK, just as the EU has funded attempts to regenerate its poorer regions.

Like it or not, foreign capital and foreign labour have been integral to the burgeoning of the “world city” from which even the most europhobic corners of the island nation benefit in terms of public spending. If Leaver mentality outside the capital was partly about resentment of “rich London”, with its bankers and big businesses – handy targets for Nigel Farage – and fuelled by a fear of an alien internationalism London might symbolise, then it may prove to have been sadly self-defeating.

Ensuring that London maintains the economic resilience it has shown since the mid-Nineties must now be a priority for national government, (once it decides to reappear). Pessimists predict a loss of jobs, disinvestment and a decrease in cultural energy. Some have mooted a special post-Brexit deal for the capital that might suit the interests of EU member states too – London’s economy is, after all, larger than that of Denmark, not to mention larger than that of Scotland, Wales and Northern Ireland combined – though what that might be and how that could happen remain obscure.

There is, though, no real barrier to greater devolution of powers to London other than the political will of central government. Allowing more decisions about how taxes raised in the capital are spent in the capital, both at mayoral and borough level, would strengthen the city in terms of managing its own growth, addressing its (often forgotten) poverty and enhancing the skills of its workforce.

Handing down control over the spending of property taxes, as set out in an influential 2013 report by the London Finance Commission set up by Mayor Johnson, would be a logical place to start. Mayor Khan’s manifesto pledged to campaign for strategic powers over further education and health service co-ordination, so that these can be better tailored to London’s needs. Since Brexit, he has underlined the value of London securing greater command of its own destiny.

This isn’t just a London thing, and neither should it be. Plans are already in place for other English cities and city regions to enjoy more autonomy under the auspices of directly elected “metro mayors”, notably for Greater Manchester and Liverpool and its environs. One of the lessons of Brexit for the UK is that many people have felt that decisions about their futures have been taken at too great a distance from them and with too little regard for what they want and how they feel.

That lesson holds for London too – 40 per cent is a large minority. Boris Johnson was an advocate of devolution to London when he was its mayor and secured some, thanks to the more progressive side of Tory localism. If he becomes prime minister, it would be good for London and for the country as a whole if he remembered that.  

Dave Hill writes the Guardian’s On London column. Find him on Twitter as @DaveHill.