Tempting though it is to debate that issue with the hon. and learned Lady, it is important to note that any Attorney General knows that they are the only person in the Cabinet who can say to the Prime Minister, “No. You can’t do that. It is not legal. You are not allowed to.” That heavy burden must be exercised by people of great courage and substance. It is about the rule of law and the fact that no one is above the law.
All AGs need to learn that lesson, and they must be confident and capable of standing up to their leader. That is an important point and perhaps another lesson.
Britain has always been a leading light in the development of international law, and much international law has been a result of documents that we have drafted. Our adherence to international law has been a very important part in its development. One thing that has been clouded, as a result of the Iraq intervention and other interventions since, has been the need for a clear law on the circumstances in which one can and cannot intervene. That has not developed as well as it might have if there had not been a temptation to try to press the facts into what is understood of the law. My right hon. Friend the Member for Leeds Central (Hilary Benn) is a big fan of the Responsibility to Protect. The effect the Iraq war had on the development of RtoP is very sad: Cook was attempting to develop it at the time of the Iraq war and it was held up as a result of the intervention in Iraq. Were the lessons on long-term planning from Iraq learned in Libya? I would say absolutely not. The central lesson is this: you cannot bomb a country from 30,000 feet into a western-style democracy.
In conclusion, we cannot turn the clock back. We cannot correct the mistakes that were made. We cannot bring back the lives that were lost. We cannot undo the chaos we have created, but we can, and we must, stop those mistakes being repeated. Unfortunately, as I have pointed out today, whatever his rhetoric and whatever his well-meaning intentions, too often the outgoing Prime Minister has repeated exactly the same mistakes in his own military interventions: relying on speculative intelligence, keeping Parliament in the dark, and failing to plan for what happens afterwards. It is to be hoped that the new Prime Minister will study the Chilcot report not as a commentary on decisions made in the past but as a guide to the decisions she will have to make. Let us hope she does so. As she takes on her new and onerous responsibilities, we wish her well.
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