2003 Iraq Invasion: The ‘Special Responsibility’ of Government Lawyers
Jéssica Aplugi Pinto
s3081303
Word Count: 995
1. Introduction
The 2003 invasion of Iraq remains one of the most controversial episodes in recent
international relations.1 Central to this debate is the statement by Sir Michael Wood, then the
chief Legal Adviser to the UK Foreign and Commonwealth Office, arguing that the Security
Council (SC), by adopting Resolution 1441,2 had not revived the authorisation to use force of
Resolution 678.3 He also states that government lawyers have a ‘special responsibility’ to
ensure their government’s compliance with international law. 4 This paper will analyse the
latter statement.
Section 2 of this paper examines Sir Michael’s understanding of ‘special
responsibility’, particularly in light of the 2003 invasion of Iraq. Subsequently, this paper will
analyse how the far-reaching consequences of decisions (Section 3) and the absence of
judicial review (Section 4) give rise to a heightened responsibility of government lawyers.
Section 5 considers and responds to the counterargument that responsibility for legality would
lie primarily with political leaders, not legal advisers. This paper ultimately agrees with Sir
Michael’s statement and argues that such a special duty is necessary for the role of
governmental advisers of international law.
2. ‘Special Responsibility’ According to Sir Michael Wood
Sir Michael's advice, alongside Elizabeth Wilmshurst's resignation in protest of the
war’s legality,5 highlights the depth of disagreement within the UK government. While both
consistently maintained that the use of force was contrary to international law, 6 the Attorney-
General Lord Goldsmith eventually advised that a ‘reasonable case’ could be made that
Resolution 678, revived by Resolution 1441, provided sufficient legal basis for force.7
1
See eg, Sean D Murphy, ‘Assessing the Legality of Invading Iraq’ (2004) 92 Georgetown Law Journal 173.
2
UNSC Res 1441 ‘The situation between Iraq and Kuwait’ (8 November 2002).
3
Sir Michael Wood, ‘Statement to the Iraq Inquiry’ (15 January 2010) para 21
<www.iraqinquiry.org.uk/media/43477/wood-statement.pdf>; UNSC Res 678 ‘Iraq-Kuwait’ (29 November
2002) [2].
4
Wood (n 3) para 37.
5
Elizabeth Wilmshurst (Deputy Legal Adviser), ‘Letter of Resignation, 18 March 2003’ para 1.
6
Wood (n 3) para 15, 2; ibid.
7
HL Deb 17 March 2003, vol 646, col WA2; Letter of advice from the Attorney-General, Lord Peter Goldsmith
QC to the Prime Minister, Tony Blair, ‘Iraq: Resolution 1441’ (7 March 2003) para 28.
, In paragraph 37 of his statement, Sir Michael expresses his view that ‘the seriousness
of the matter and the absence of a court places a ‘special responsibility’ on the lawyer to do
his or her best to ensure that the law is upheld’. 8 He recognises that a governmental lawyer’s
primary role is to ‘‘make’ his Government comply with international law’. 9 Government
lawyers have a heightened ethical duty to give honest, independent legal advice and cannot
simply be defenders of policy.10
3. Far-Reaching Consequences of Government Policy
Government lawyers should inform their government of the relevant legal arguments,
including the strengths and weaknesses of proposed actions, and the associated legal risks. 11
According to Sir Michael, ‘the seriousness of the matter’ gives rise to a heightened
responsibility of lawyers to ensure international legal obligations are upheld.12 Decisions
concerning international law – particularly those involving the use of force – can have
profound and irreversible consequences, including the destabilisation of regions, loss of
civilian life, and geopolitical repercussions.13 Most of these consequences cannot, or in reality,
will not be undone through legal or political remedies, 14 which underscores the critical
importance of providing sound and objective legal advice before such decisions are taken.
The seriousness of the invasion of Iraq was evident due to its substantial impact on
international peace and security, the destruction it caused, and the thousands of lives lost as a
result.15 Therefore, government lawyers must make sure that such grave actions are permitted
under international law before authorising state actions with irreversible consequences.
4. Rule of Law in the Absence of Courts
Sir Michael recognises that the – likelihood of the – ‘absence of a court’ creates a
‘special responsibility’ for government lawyers to ensure compliance with international law. 16
8
Wood (n 3) para 37.
9
Michael Wood, ‘Legal Advisers’ in Andraž Zidar & Jean-Pierre Gauci (eds), The Role of Legal Advisers in
International Law (Brill Nijhoff 2016) 61, 64.
10
ibid 64-65.
11
Jeremy Wright QC MP (Attorney General), ‘The Importance of International Law for Government Lawyers’
(Keynote address to the Government Legal Service International Law Conference 2015); Dire Tladi,
‘Reflections on Advising the South African Government on International Law’ in Andraž Zidar & Jean-Pierre
Gauci (eds), The Role of Legal Advisers in International Law (Brill Nijhoff 2016) 168.
12
Wood (n 3) para 37.
13
See eg Murphy (n 1) 232.
14
See eg Emanuela-Chiara Gillard, ‘Reparation for Violations of International Humanitarian Law’ (2003) 85
International Review of the Red Cross 529, 549.
15
See Murphy (n 1) 249; ‘Iraq: Situation & Cases’ (International Criminal Court Project, 11 May 2021)
<https://www.aba-icc.org/situations/iraq/> accessed 13 April 2025.
16
Wood (n 3) para 37.
Jéssica Aplugi Pinto
s3081303
Word Count: 995
1. Introduction
The 2003 invasion of Iraq remains one of the most controversial episodes in recent
international relations.1 Central to this debate is the statement by Sir Michael Wood, then the
chief Legal Adviser to the UK Foreign and Commonwealth Office, arguing that the Security
Council (SC), by adopting Resolution 1441,2 had not revived the authorisation to use force of
Resolution 678.3 He also states that government lawyers have a ‘special responsibility’ to
ensure their government’s compliance with international law. 4 This paper will analyse the
latter statement.
Section 2 of this paper examines Sir Michael’s understanding of ‘special
responsibility’, particularly in light of the 2003 invasion of Iraq. Subsequently, this paper will
analyse how the far-reaching consequences of decisions (Section 3) and the absence of
judicial review (Section 4) give rise to a heightened responsibility of government lawyers.
Section 5 considers and responds to the counterargument that responsibility for legality would
lie primarily with political leaders, not legal advisers. This paper ultimately agrees with Sir
Michael’s statement and argues that such a special duty is necessary for the role of
governmental advisers of international law.
2. ‘Special Responsibility’ According to Sir Michael Wood
Sir Michael's advice, alongside Elizabeth Wilmshurst's resignation in protest of the
war’s legality,5 highlights the depth of disagreement within the UK government. While both
consistently maintained that the use of force was contrary to international law, 6 the Attorney-
General Lord Goldsmith eventually advised that a ‘reasonable case’ could be made that
Resolution 678, revived by Resolution 1441, provided sufficient legal basis for force.7
1
See eg, Sean D Murphy, ‘Assessing the Legality of Invading Iraq’ (2004) 92 Georgetown Law Journal 173.
2
UNSC Res 1441 ‘The situation between Iraq and Kuwait’ (8 November 2002).
3
Sir Michael Wood, ‘Statement to the Iraq Inquiry’ (15 January 2010) para 21
<www.iraqinquiry.org.uk/media/43477/wood-statement.pdf>; UNSC Res 678 ‘Iraq-Kuwait’ (29 November
2002) [2].
4
Wood (n 3) para 37.
5
Elizabeth Wilmshurst (Deputy Legal Adviser), ‘Letter of Resignation, 18 March 2003’ para 1.
6
Wood (n 3) para 15, 2; ibid.
7
HL Deb 17 March 2003, vol 646, col WA2; Letter of advice from the Attorney-General, Lord Peter Goldsmith
QC to the Prime Minister, Tony Blair, ‘Iraq: Resolution 1441’ (7 March 2003) para 28.
, In paragraph 37 of his statement, Sir Michael expresses his view that ‘the seriousness
of the matter and the absence of a court places a ‘special responsibility’ on the lawyer to do
his or her best to ensure that the law is upheld’. 8 He recognises that a governmental lawyer’s
primary role is to ‘‘make’ his Government comply with international law’. 9 Government
lawyers have a heightened ethical duty to give honest, independent legal advice and cannot
simply be defenders of policy.10
3. Far-Reaching Consequences of Government Policy
Government lawyers should inform their government of the relevant legal arguments,
including the strengths and weaknesses of proposed actions, and the associated legal risks. 11
According to Sir Michael, ‘the seriousness of the matter’ gives rise to a heightened
responsibility of lawyers to ensure international legal obligations are upheld.12 Decisions
concerning international law – particularly those involving the use of force – can have
profound and irreversible consequences, including the destabilisation of regions, loss of
civilian life, and geopolitical repercussions.13 Most of these consequences cannot, or in reality,
will not be undone through legal or political remedies, 14 which underscores the critical
importance of providing sound and objective legal advice before such decisions are taken.
The seriousness of the invasion of Iraq was evident due to its substantial impact on
international peace and security, the destruction it caused, and the thousands of lives lost as a
result.15 Therefore, government lawyers must make sure that such grave actions are permitted
under international law before authorising state actions with irreversible consequences.
4. Rule of Law in the Absence of Courts
Sir Michael recognises that the – likelihood of the – ‘absence of a court’ creates a
‘special responsibility’ for government lawyers to ensure compliance with international law. 16
8
Wood (n 3) para 37.
9
Michael Wood, ‘Legal Advisers’ in Andraž Zidar & Jean-Pierre Gauci (eds), The Role of Legal Advisers in
International Law (Brill Nijhoff 2016) 61, 64.
10
ibid 64-65.
11
Jeremy Wright QC MP (Attorney General), ‘The Importance of International Law for Government Lawyers’
(Keynote address to the Government Legal Service International Law Conference 2015); Dire Tladi,
‘Reflections on Advising the South African Government on International Law’ in Andraž Zidar & Jean-Pierre
Gauci (eds), The Role of Legal Advisers in International Law (Brill Nijhoff 2016) 168.
12
Wood (n 3) para 37.
13
See eg Murphy (n 1) 232.
14
See eg Emanuela-Chiara Gillard, ‘Reparation for Violations of International Humanitarian Law’ (2003) 85
International Review of the Red Cross 529, 549.
15
See Murphy (n 1) 249; ‘Iraq: Situation & Cases’ (International Criminal Court Project, 11 May 2021)
<https://www.aba-icc.org/situations/iraq/> accessed 13 April 2025.
16
Wood (n 3) para 37.
