Foreign Office lawyers: Bush Iran attack would be illegal
The advice given to the Foreign Secretary in the last few weeks is thought to have prompted his open criticism last week of Tony Blair's backing for President George Bush, who has refused to rule out military action against the regime of President Mahmoud Ahmadinejad.
In the run-up to the Iraq invasion in 2003, Straw received similar private advice from senior Foreign Office lawyers who had also advised the attorney general, Lord Goldsmith, on the illegality of an invasion without the express authority of the United Nations Security Council.
The Foreign Office's deputy legal adviser, Elizabeth Wilmshurst, later resigned when the attorney general reversed his initial view on the war's legality.
Sources within the Foreign Office say there is an express desire that this time their legal advice is heard and acted upon.
A source close to Straw told the Sunday Herald: "There is now a clear paper trail of legal advice."
Straw last week passed on the legal advice to some of his cabinet colleagues after Blair effectively backed the White House view that military action could not be ruled out.
Although the Prime Minister claimed any other option would be a "message of weakness", Straw said it would be "inconceivable" that Britain would support a military strike against Tehran.
The Foreign Office's lawyers have gone further than merely advising on the legality of military assistance. It is thought their advice stretched to the use of British military advisers, UK airspace and even the dangers of Tony Blair expressing support which could be taken as legitimising a US-led attack without the express authority of the United Nations. Read more
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