By Jennifer Quinn
Former Prime Minister Tony Blair's top legal adviser believed at first that it would be illegal for Britain to join the US-led invasion of Iraq but ultimately changed his mind, he told the inquiry probing the conflict Wednesday.
Peter Goldsmith, who was attorney general and the government's chief legal adviser from 2001 until 2007, told the inquiry that he first thought a second UN Security Council resolution was necessary to ensure any invasion's legality.
"The balance came down in favour of saying, 'No, a second resolution is needed,'" Goldsmith said. "I then ultimately reached, when I had to reach a definitive view on this, a different view."
The inquiry, led by former civil servant John Chilcot, is investigating the decisions and mistakes regarding the war, which was deeply unpopular in Britain. It left 179 British soldiers dead, triggered large public protests, and shadowed the final years of Blair's premiership.
Blair is scheduled to testify Friday. The five-person panel is expected to report late next year, but will not apportion blame or hold anyone liable for the conflict.
Goldsmith's ultimate decision that the invasion was legal paved the way for Britain's House of Commons vote which led to British participation in the invasion. And in his parting words to the inquiry panel after a six-hour appearance, Goldsmith defended his decision.
"I have kept my own counsel on most of these matters, despite the criticism of my integrity and professional judgment," Goldsmith said. "Whether or not the military intervention was, as a matter of policy, right or wrong, I don't think is a matter for me to judge. But as far as the legality is concerned I did reach the opinion that it was lawful. I stand by that advice."
In earlier testimony Wednesday, Goldsmith said his advice at first was that a second resolution would be needed, and he told the government that. Then in February 2003 - after a visit to Washington, where he met with US lawyers - Goldsmith met with the prime minister's advisers in Downing Street, the leader's official residence.
"My advice remained preliminary until February because I was still conducting my inquiries and (research)," he told the inquiry. "On the 27th of February, I met in Downing Street with the PM's advisers and told them then ... that there was a reasonable case that a second resolution was not necessary. And that was on past precedent sufficient to constitute a green light."
Critics have suggested Goldsmith changed his advice under political pressure, which he told the panel was "utter nonsense".
In a 13-page memorandum dated March 7, 2003, Goldsmith still said it would be safer to go to war with a second Security Council resolution specifically authorising military action. Ten days later, he said military action could take place under existing United Nations resolutions.
Goldsmith's testimony followed that of other government lawyers, who told the inquiry that every legal officer in Britain's Foreign Office believed the invasion was against international law.
He told the inquiry that he had been "overly cautious" in the March 7 advice, and that his position was made clear because the military and civil service asked for firmer direction.
AP