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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The top 10 reasons Brexit isn't working, according to Brexiteers

We'd have got away with it, if it weren't for that pesky Mark Carney. 

Over the next few years, it is likely that the economy will shrink, that the entire government will be consumed by trade negotiations at the expense of every other priority, and that EU leaders will use their considerable negotiation advantages to theatrically screw us. As this unpretty story unfolds, those who argued confidently for Brexit, in parliament and in the press, will feel compelled to maintain that they were right, and that if it hadn’t been for some other impossible-to-foresee factor everything would be going splendidly. What follows is an attempt to anticipate the most predictable post-rationalisations; I’m sure there will be more creative efforts.

1. WHITEHALL SABOTAGE. If we’re making no progress in trade negotiations, that’s because the civil service is doing its best to scupper a successful Brexit. That power-crazed madman Jeremy Heywood will stop at nothing to ensure he is bossed by Brussels, and the snooty bastards at the Treasury are working to subvert the national will out of spite. Even as our finest ministers strive manfully to cut Britannia free of its enslaving chains, all they hear from functionaries is “It’s a bit more complicated than that”. It’s only complicated because they want it to be.
 

2. REMAINERS TALKING DOWN THE COUNTRY. God knows we tried to reach out to them, with our gently teasing admonitions for being elitist snobs who just needed to get over it. But did they concede that a glorious future is at hand, if only we all wish for it? No, my friends, they did not. Instead, they sulkily point out how the things they predicted would happen are in fact happening, as if this somehow proves they were right. And since, inexplicably, the world agrees them, the whiners’ prophecy is being fulfilled.
 

3. THE GLOBAL ECONOMY. It appears the UK economy has sunk into a recession. Now, the whiners will tell you that this has got something to do with the vast uncertainty created by taking a fundamental decision about the nation’s future without a clue about how to implement it. In reality, of course, the recession has been caused by the same global economic headwinds that had absolutely nothing to do with the 2008 financial crisis, which was all Gordon Brown's fault.
 

4. ECONOMISTS. Since they nearly all said that Britain would be worse off if it voted Out, they now feel compelled to tell us that things are indeed worse. OK, maybe they are worse. But think about it: if we hadn’t voted Out, the economy might be even more calamitously buggered than it is now. This is logically unassailable. But do economists ever point it out? Do they Brussels. Yet sadly, global businesses, investors, consumers, and lots of other people who frankly lack gumption or vision, take these so-called experts seriously.
 

5. MARK CARNEY. Let’s get this straight: the Canadian governor of the Bank of England doesn’t want Britain to succeed, because then we’d be a direct competitor to his motherland. But with his honeyed voice and perpendicular jaw and incessant references to “data”, this man has gone a long way to convincing much of the public that he is some kind of disinterested authority on Britain’s economy. In reality, of course, he is out to destroy it, and seems to be making a pretty good fist of doing so.
 

6. EU BUREAUCRATS. You know those people we spent years attacking for being interfering, self-enriching, incompetent fools? Turns out they are now keen to make our lives as difficult as possible. The way to deal with this, of course, is to mount a national campaign of vilification. Another one. Before long they will be begging for mercy.
 

7. THERESA MAY. Look, we all wanted her to succeed. We knew she wasn’t one of us, but she wasn’t exactly one of them either, so we gave her a chance. Yet perhaps it is time to admit the possibility that the Prime Minister isn’t making this work because, when it comes down to it, she just doesn’t share our blood-pumping, sap-extruding belief in Britain unbound. In short, she’s just too damn reasonable. It’s time to embrace the unreasonable man. What’s Boris doing these days?
 

8. THOSE OTHER BREXITEERS (i). Not only can we not get the Remainers to present a united front to Brussels, it seems that we can’t even rely on our fellow Brexiteers. Most of us are on the same page: take back control of our borders, blue passports, compulsory blazers, onwards and upwards to the sunlit uplands. But there are some among our own ranks who frankly don’t get it. These latte-sipping media types simper on endlessly about the importance of retaining access to the single market and seem awfully keen on Norway. Why don’t they just go and join Remain?
 

9. THOSE OTHER BREXITEERS (ii). Hey guys, the problem is this: Brexit got hijacked by the roast beef and two veg brigade, OK? For us it was always about unleashing the entrepreneurial spirit, shaking off the dead hand of Eurocrat regulation, being more human, that kind of thing. We had to go along with all that anti-immigration stuff but believe me we were biting our tongues and crossing our fingers. Some of our best friends are Turkish.
 

10. NONSENSE, IT IS WORKING.

Ian Leslie is a writer, author of CURIOUS: The Desire to Know and Why Your Future Depends On It, and writer/presenter of BBC R4's Before They Were Famous.