Monday, December 14, 2009

War crime case against Tony Blair now rock-solid - THE FIRST POST | 'Sycophant' Tony Blair used deceit to justify Iraq war, says former DPP - Guardian UK





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War crime case against Tony Blair now rock-solid

Tony Blair

Neil Clark: A trial would be warmly welcomed by millions – so what happens next?

LAST UPDATED 7:04 AM, DECEMBER 14, 2009
Tony Blair's extraordinary admission on Sunday to the BBC's Fern Britton - that he would have gone to war to topple Saddam Hussein regardless of the issue of Iraq's alleged WMDs - is sure to give fresh impetus to moves to prosecute our former prime minister for war crimes.
The case against Blair, strong enough before this latest comment, now appears rock solid. Going to war to change another country's regime is prohibited by international law, while the Nuremburg judgment of 1946 laid down that "to initiate a war of aggression", as Blair and Bush clearly did against Iraq, "is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole".
Blair's admission, that he "would still have thought it right to remove him [Saddam]" regardless of the WMD issue, is also an acknowledgement that he lied to the House of Commons on February 25, 2003, when he told MPs: "I detest his [Saddam's] regime. But even now he [Saddam] can save it by complying with the UN's demand. Even now, we are prepared to go the extra step to achieve disarmament peacefully. I do not want war... But disarmament peacefully can only happen with Saddam's active co-operation."
The view that Blair is a war criminal is now mainstream: when comedian Sandi Toksvig, host of Radio Four's News Quiz, called him one on air, the BBC, according to the Mail on Sunday, did not receive a single complaint.
But while it is easy to label Blair a war criminal, what are the chances of him actually standing trial - and how could it be achieved? Various initiatives have already been launched.
The Blair War Crimes Foundation, set up by retired orthopaedic surgeon David Halpin, has organised an online petition, addressed to the President of the UN General Assembly and the UK Attorney General, which lists 14 specific complaints relating to the Iraq war, including "deceit and conspiracy for war, and providing false news to incite passions for war" and violations of the Geneva Conventions by the occupying powers.
The campaigning journalist George Monbiot, who attempted a citizen's arrest of the former US Ambassador to the UN, John Bolton, for his role in the Iraq war, said at the Hay Literary festival in 2008 that he would put up the first £100 of a bounty payable to the first person to attempt a non-violent citizen's arrest of Blair.
Monbiot has also called for the setting up of national arrest committees in countries which, unlike Britain, have incorporated the 'Crimeof Aggression' into their domestic law. These committees would exchange information with one another and make sure that Blair "would have no hiding place".
If Blair is to face an international trial, then the International Criminal Court (ICC) at The Hague - to which Britain is a signatory - would be the likeliest forum. While the ICC has said that it will not conduct prosecutions for the Crime of Aggression until it has been defined by its own working group, the court's chief prosecutor, Luis Moreno-Ocampo, told the Sunday Telegraph in 2007 that he would be willing to launch an inquiry into US/UK war crimes in Iraq. Charges could also be brought against Blair at the ICC for failing to prosecute the war in a "proportionate manner".
From Iraq itself, there are also moves to bring Blair to book. It has been reported that lawyers acting for Tariq Aziz, the former deputy leader of the country, now held in captivity, have written to Britain's top legal adviser asking permission to prosecute Blair for
Lawyers acting for Tariq Aziz have written to Britain's top legal adviser asking permission to prosecute Blair for war-crimes
Tariq Aziz
war-crimes, in the light of his latest comments.
Whichever way it comes about, if Blair is forced to stand trial, there can be no underestimating the event's significance. Up to now, the only political leaders who have faced war crimes trials since World War Two are those who fell foul of the west - and in particular the United States of America. But the notion of international justice will never be taken seriously if western politicians are deemed to be exempt from the same rules that leaders in Africa and elsewhere are supposed to adhere to.
The prospect of Teflon Tony finally having to answer for his crimes in a court of law, would be warmly welcomed by millions of people throughout the world, not least all those who marched for peace through central London in February 2003, one month before the Iraq invasion.
There is widespread contempt for a man who has made millions while Iraqis die in their hundreds of thousands due to the havoc unleashed by the illegal invasion, and who, with breathtaking arrogance, seems to regard himself as above the rules of international law.
The next decade will tell us whether that is indeed the case

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'Sycophant' Tony Blair used deceit to justify Iraq war, says former DPP


Sir Ken Macdonald, director of public prosecutions between 2003 and 2008, says Blair misled and cajoled the British people into a war they didn't want
George Bush presents Tony Blair with a presidential medal of freedom
Macdonald said that Blair's fundamental flaw was his 'sycophancy towards power' and that he could not resist the 'glamour' he attracted in Washington. Photograph: Ron Edmonds/AP
Tony Blair used "deceit" to persuade parliament and the British people to support war in Iraq, Sir Ken Macdonald, the former director of public prosecutions, said today.
In an article in the Times, Macdonald attacked Blair for engaging in "alarming subterfuge", for displaying "sycophancy" towards George Bush and for refusing to accept that his decisions were wrong.
Macdonald's comments about Blair's decision to go to war are more critical than anything that has been said so far by any of the senior civil servants who worked in Whitehall when Blair was prime minister.
Macdonald was DPP from 2003 until 2008 and he now practises law from Matrix Chambers, where Blair's barrister wife, Cherie, is also based.
In his article Macdonald highlighted a remark Blair made in an interview broadcast yesterday about supporting the overthrow of Saddam Hussein regardless of whether Iraq had weapons of mass destruction to explain why he thought the former prime minister was guilty of deceit.
But Macdonald also expressed concerns about the Iraq inquiry, suggesting that some of its questioning so far had been "unchallenging" and that Sir John Chilcot and his team would be held in "contempt" if they failed to uncover the truth about the war.
Macdonald wrote: "The degree of deceit involved in our decision to go to war on Iraq becomes steadily clearer. This was a foreign policy disgrace of epic proportions, and playing footsie on Sunday morning television does nothing to repair the damage.
"It is now very difficult to avoid the conclusion that Tony Blair engaged in an alarming subterfuge with his partner, George Bush, and went on to mislead and cajole the British people into a deadly war they had made perfectly clear they didn't want, and on a basis that it's increasingly hard to believe even he found truly credible."
Macdonald said that Blair's fundamental flaw was his "sycophancy towards power" and that he could not resist the "glamour" he attracted in Washington.
"In this sense he was weak and, as we can see, he remains so," Macdonald went on.
"Since those sorry days we have frequently heard him repeating the self-regarding mantra that 'hand on heart, I only did what I thought was right'. But this is a narcissist's defence, and self-belief is no answer to misjudgment: it is certainly no answer to death."
Macdonald said that, with the exceptions of some of the interventions from Sir Roderic Lyne, the questions asked when the Chilcot inquiry has been taking evidence from witnesses have been tame.
"If this is born of a belief that it creates an atmosphere more conducive to truth, it seems naive. The truth doesn't always glide out so compliantly; sometimes it struggles to be heard," Macdonald said.
Many commentators have criticised the fact that all members of the Chilcot team are establishment figures – Chilcot himself is a former permanent secretary – and Macdonald said the inquiry needed to prove its independence.
"In British public life, loyalty and service to power can sometimes count for more to insiders than any tricky questions of wider reputation. It's the regard you are held in by your peers that really counts, so that steadfastness in the face of attack and threatened exposure brings its own rich hierarchy of honour and reward.
"Disloyalty, on the other hand, means a terrible casting out, a rocky and barren Roman exile that few have the courage to endure."
Macdonald said Chilcot and his team needed to tell the truth without fear of offending the Whitehall establishment.
"If Chilcot fails to reveal the truth without fear in this Middle Eastern story of violence and destruction, the inquiry will be held in deserved and withering contempt," Macdonald said.
Yesterday, in an interview with Fern Britton broadcast on BBC1, Blair said he would have backed an attack on Iraq even if he had known that Saddam had no WMD.
"If you had known then that there were no WMDs, would you still have gone on?" Blair was asked.
He replied: "I would still have thought it right to remove him [Saddam Hussein]".
Blair added: "I mean obviously you would have had to use and deploy different arguments about the nature of the threat."

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