Elizabeth Wilmshurst

Last updated

Elizabeth Wilmshurst
Elizabeth Wilmshurst CMG at Chatham House.jpg
Personal details
Born
Elizabeth Susan Wilmshurst

(1948-08-28) 28 August 1948 (age 74)
Education King's College London (LLB, AKC)

Elizabeth Susan Wilmshurst CMG (born 28 August 1948), Distinguished Fellow of the International Law Programme [1] at Chatham House (the Royal Institute of International Affairs), and Professor of International Law at University College London, is best known for her role as Deputy Legal Adviser at the Foreign and Commonwealth Office of the United Kingdom on the eve of the 2003 invasion of Iraq.

Contents

She resigned from the Foreign Office on 20 March 2003, three days after Lord Goldsmith's final advice [2] to the British government reversed her legal opinion (in Lord Goldsmith's first secret memo 10 days earlier [3] ) that the invasion was illegal without a second United Nations Security Council Resolution to SCR 678. Although her resignation was public at the time, [4] the detailed reasons and resignation letter were not, and caused a stir when they were released two years later. [5]

On 26 January 2010, Wilmshurst gave evidence to the Iraq Inquiry about the legality of the 2003 invasion of Iraq and the advice given to then Foreign Secretary Jack Straw on the same day as her former boss, Sir Michael Wood. [6]

Early life and career

Wilmshurst was educated at Clarendon School for Girls, an independent boarding school, and studied law at King's College London (LLB and AKC, 1969). [7]

Wilmshurst was admitted as a solicitor in 1972. [7] From 1974 until her resignation in 2003, she was a legal advisor with HM Diplomatic Service. [7] She was the leading British negotiator of the Rome Statute of the International Criminal Court, both within the framework of the UN Preparatory Committee for the Establishment of an ICC (1996–1998) and the Rome Diplomatic Conference (June–July 1998). Her writings and publications in the complex area of International Criminal Law include the widely used An Introduction to International Criminal Law and Procedure, co-edited with Robert Cryer, Hakan Friman and Darryl Robinson.

Juliet Stevenson played Wilmshurst in "A Simple Private Matter", an episode of the BBC series 10 Days to War . She is also played by Tamsin Greig in the film Official Secrets about Katharine Gun's leaking of the GCHQ memo.

Publications

Further reading

Introductory note on the General Assembly resolution 3314 (XXIX) of 14 December 1974 (Definition of Aggression) in the Historic Archives of the United Nations Audiovisual Library of International Law

See also

Related Research Articles

<span class="mw-page-title-main">Opposition to the Iraq War</span>

Significant opposition to the Iraq War occurred worldwide, both before and during the initial 2003 invasion of Iraq by a United States-led coalition, and throughout the subsequent occupation. People and groups opposing the war include the governments of many nations which did not take part in the invasion, and significant sections of the populace in those that did.

<span class="mw-page-title-main">Jack Straw</span> British Labour politician (born 1946)

John Whitaker Straw is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary from 1997 to 2001, and Foreign Secretary from 2001 to 2006 under Blair. He was a Member of Parliament (MP) for Blackburn from 1979 to 2015.

<i>September Dossier</i> British government document about Iraq

Iraq's Weapons of Mass Destruction: The Assessment of the British Government, also known as the September Dossier, was a document published by the British government on 24 September 2002. Parliament was recalled on the same day to discuss the contents of the document. The paper was part of an ongoing investigation by the government into weapons of mass destruction (WMD) in Iraq, which ultimately led to the invasion of Iraq six months later. It contained a number of allegations according to which Iraq also possessed WMD, including chemical weapons and biological weapons. The dossier even alleged that Iraq had reconstituted its nuclear weapons programme. Without exception, all of the allegations included within the September Dossier have been since proven to be false, as shown by the Iraq Survey Group.

Katharine Teresa Gun is a British linguist who worked as a translator for the Government Communications Headquarters (GCHQ). In 2003, she leaked top-secret information to The Observer, concerning a request by the United States for compromising intelligence on diplomats from member states of the 2003 Security Council. The diplomats were due to vote on a second United Nations resolution on the prospective 2003 invasion of Iraq.

<span class="mw-page-title-main">Andrew Turnbull, Baron Turnbull</span> Life peer from Enfield Town, England

Andrew Turnbull, Baron Turnbull, is a British politician and civil servant who served as the head of Her Majesty's Civil Service and Cabinet Secretary between 2002 and 2005, when he was succeeded by Sir Gus O'Donnell. He now sits in the House of Lords as a crossbencher.

<span class="mw-page-title-main">Peter Goldsmith, Baron Goldsmith</span> British attorney general

Peter Henry Goldsmith, Baron Goldsmith is a British barrister and a former Attorney General for England and Wales and for Northern Ireland. On 22 June 2007, Goldsmith announced his resignation which took effect on 27 June 2007, the same day that Prime Minister Tony Blair, stepped down. Goldsmith was the longest serving Labour Attorney General. He is currently a Partner and head of European litigation practice at US law firm Debevoise & Plimpton and Vice Chairperson of the Hong Kong International Arbitration Centre.

<span class="mw-page-title-main">Eliza Manningham-Buller</span> Former Director General of MI5 (born 1948)

Elizabeth Lydia Manningham-Buller, Baroness Manningham-Buller, is a retired British intelligence officer. She was Director General of MI5, the British internal Security Service, from October 2002 until her retirement in April 2007. She became a crossbench life peer in 2008.

<span class="mw-page-title-main">Abu Ghraib torture and prisoner abuse</span> 2004 American military scandal during the Iraq War

During the early stages of the Iraq War, the United States Army and the CIA committed a series of human rights violations and war crimes against detainees in the Abu Ghraib prison in Iraq, including physical and sexual abuse, torture, rape and the killing of Manadel al-Jamadi. The abuses came to public attention with the publication of photographs of the abuse by CBS News in April 2004. The incidents caused shock and outrage, receiving widespread condemnation within the United States and internationally.

The Downing Street memo, sometimes described by critics of the Iraq War as the smoking gun memo, is the note of a 23 July 2002 secret meeting of senior British government, defence and intelligence figures discussing the build-up to the war, which included direct reference to classified United States policy of the time. The name refers to 10 Downing Street, the residence of the British prime minister.

On 18 September 2004 the British Daily Telegraph ran two articles titled "Secret papers show Blair was warned of Iraq chaos" and 'Failure is not an option, but it doesn't mean they will avoid it' by reporter Michael Smith, revealing the contents of six leaked British government documents – labelled "secret" or "confidential" – concerning the lead-up to the war in Iraq.

<span class="mw-page-title-main">Legitimacy of the 2003 invasion of Iraq</span>

A dispute exists over the legitimacy of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion. Those arguing for its legitimacy often point to Congressional Joint Resolution 114 and UN Security Council resolutions, such as Resolution 1441 and Resolution 678. Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor" in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action.

<span class="mw-page-title-main">Philippe Sands</span> British/French lawyer, legal academic and author (born 1960)

Philippe Joseph Sands, KC is a British and French writer and lawyer at 11 King's Bench Walk and Professor of Laws and Director of the Centre on International Courts and Tribunals at University College London. A specialist in international law, he appears as counsel and advocate before many international courts and tribunals, including the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court of Justice, the European Court of Human Rights and the International Criminal Court.

<span class="mw-page-title-main">Christopher Greenwood</span>

Sir Christopher John Greenwood is Master of Magdalene College, Cambridge and a former British judge at the International Court of Justice. Prior to his election, he was professor of international law at the London School of Economics and a barrister who regularly appeared as counsel before the International Court of Justice, the European Court of Human Rights, the English courts, and other tribunals.

<span class="mw-page-title-main">William J. Haynes II</span>

William James "Jim" Haynes II is an American lawyer and was General Counsel of the Department of Defense during much of 43rd President George W. Bush's administration and his war on terror. Haynes resigned as general counsel effective March 2008.

<span class="mw-page-title-main">Legality of the Iraq War</span>

In September 2004, then-United Nations Secretary-General Kofi Annan stated, "I have indicated that it is not in accordance with the UN charter. From our point of view and the UN Charter point of view, it [the war] was illegal".

<span class="mw-page-title-main">Jack Goldsmith</span> American lawyer and academic

Jack Landman Goldsmith III is an American legal scholar. He is a professor at Harvard Law School who has written extensively in the fields of international law, civil procedure, federal courts, conflict of laws, and national security law. He has been "widely considered one of the brightest stars in the conservative legal firmament."

<span class="mw-page-title-main">Iraq Inquiry</span> 2009 British public inquiry into the Iraq War

The Iraq Inquiry was a British public inquiry into the nation's role in the Iraq War. The inquiry was announced in 2009 by Prime Minister Gordon Brown and published in 2016 with a public statement by Chilcot.

<i>Official Secrets</i> (film) 2019 film

Official Secrets is a 2019 British drama film based on the case of whistleblower Katharine Gun, who leaked a memo exposing an illegal spying operation by American and British intelligence services to gauge sentiment of and potentially blackmail United Nations diplomats tasked to vote on a resolution regarding the 2003 invasion of Iraq. The film is directed by Gavin Hood, and Gun is portrayed by Keira Knightley. The film also stars Matt Smith, Matthew Goode, Adam Bakri, Indira Varma and Ralph Fiennes.

The Shawcross principle is an idea in the United Kingdom's Westminster system of government, whereby the Attorney-General is to be left to his or her own devices and judgments regarding whether or not to establish criminal proceedings. It relates to political pressure and cabinet government.

References

  1. "Elizabeth Wilmshurst CMG".
  2. "A case for war". The Guardian. London. 17 March 2003. Retrieved 1 May 2010.
  3. BBC News(PDF) http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/28_04_05_attorney_general.pdf . Retrieved 1 May 2010.{{cite news}}: Missing or empty |title= (help)
  4. MacAskill, Ewen (22 March 2003). "Adviser quits Foreign Office over legality of war". The Guardian. London. Retrieved 1 May 2010.
  5. "Wilmshurst resignation letter". BBC News. 24 March 2005. Retrieved 1 May 2010.
  6. "Straw rejected advice that Iraq invasion was 'unlawful'". BBC News . BBC. 26 January 2010. Retrieved 29 January 2010.
  7. 1 2 3 "Wilmshurst, Elizabeth Susan, (born 28 Aug. 1948), Distinguished Fellow, International Law (formerly Head of International Law Programme, then Senior Fellow, International Law), Royal Institute of International Affairs (Chatham House), since 2015 (Associate Fellow, 2004–15)". Who's Who 2020 . Oxford University Press. 1 December 2019. Retrieved 28 July 2021.