Secret Legal Advice States Pre-Emptive Strike Could Be In Breach Of International Law As Iran Not Yet 'Clear and Present Threat'
By Nick Hopkins,
Britain has rebuffed US pleas to use military bases in the UK to support the build-up of forces in the Gulf, citing secret legal advice which states that any pre-emptive strike on Iran could be in breach of international law.
The Guardian has been told that US diplomats have also lobbied for the use of British bases in Cyprus, and for permission to fly from US bases on Ascension Island in the Atlantic and Diego Garcia in the Indian Ocean, both of which are British territories.
They have pointed US officials to legal advice drafted by the attorney general's office which has been circulated to Downing Street, the Foreign Office and the Ministry of Defence.
This makes clear that Iran, which has consistently denied it has plans to develop a nuclear weapon, does not currently represent "a clear and present threat".
Providing assistance to forces that could be involved in a pre-emptive strike would be a clear breach of international law, it states.
"The UK would be in breach of international law if it facilitated what amounted to a pre-emptive strike on Iran," said a senior Whitehall source. "It is explicit. The government has been using this to push back against the Americans."
"But I think the US has been surprised that ministers have been reluctant to provide assurances about this kind of upfront assistance," said one source. "They'd expect resistance from senior Liberal Democrats, but it's Tories as well. That has come as a bit of a surprise."
The UK, however, has assumed that it would only become involved once a conflict had already begun, and has been reluctant to commit overt support to Washington in the buildup to any military action.
"It is quite likely that if the Israelis decided to attack Iran, or the Americans felt they had to do it for the Israelis or in support of them, the UK would not be told beforehand," said the source. "In some respects, the UK government would prefer it that way."
A Foreign Office spokesman said:
"As we continue to make clear, the government does not believe military action against Iran is the right course of action at this time, although no option is off the table. We believe that the twin-track approach of pressure through sanctions, which are having an impact, and engagement with Iran is the best way to resolve the nuclear issue. We are not going to speculate about scenarios in which military action would be legal. That would depend on the circumstances at the time."
In August, the most senior US military officer, General Martin Dempsey,distanced himself from any Israeli plan to bomb Iran. He said such an attack would "clearly delay but probably not destroy Iran's nuclear programme".
He added: "I don't want to be complicit if they [Israel] choose to do it."
Via: "The Guardian"
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