Lord Bingham, in his first major speech since retiring as the senior law lord, rejected the then attorney general’s defence of the 2003 invasion as fundamentally flawed.
Contradicting head-on Lord Goldsmith’s advice that the invasion was lawful, Bingham stated: “It was not plain that Iraq had failed to comply in a manner justifying resort to force and there were no strong factual grounds or hard evidence to show that it had.” Adding his weight to the body of international legal opinion opposed to the invasion, Bingham said that to argue, as the British government had done, that Britain and the US could unilaterally decide that Iraq had broken UN resolutions “passes belief”.
Governments were bound by international law as much as by their domestic laws, he said. “The current ministerial code,” he added “binding on British ministers, requires them as an overarching duty to ‘comply with the law, including international law and treaty obligations’.”
Sadly though these people always wait until they are out of a position of power to speak up. It would have been nice if they spoke up 5 1/2 years ago. The world might be a much better place today.