1 the Chilcot Report Some Thoughts on International Law And
The Chilcot Report Some Thoughts on International Law and Legal Advice James A Green and Stephen Samuel+ Abstract The Report of the Iraq (Chilcot) Inquiry was finally published, 7 years after the Inquiry’s creation, on 6 July 2016. The scope of the Inquiry’s work was vast, and this was reflected in the enormous size of its final Report. The publication of the Report thus raises a multitude of questions requiring further analysis. In this short article, we aim to contribute some initial thoughts, immediately following the Report’s publication, in just two (interrelated) areas. First, we comment on the role of international law in the Chilcot Inquiry. To what extent was international law considered and how was it presented in the Report? We also ask whether the Report reaches any implicit substantive legal conclusions, despite formally refraining from determinations of law. Secondly, we review the Inquiry’s findings concerning international legal advice and legal advisers. In particular, we contribute some thoughts on the Report’s treatment of questions relating to the appropriate recipients of legal advice and its transparency, the timeliness of advice, the perception and treatment of law and legal advice by the Government, and the independence and quality of that advice. Professor of Public International Law, University of Reading. + Doctoral Candidate, University of Reading. The authors would like to thank April Longstaffe for her research assistance and the ESRC funded ‘Commissions of Inquiry: Problems and Prospects’ project based at the Human Rights and International Law Unit, University of Liverpool, for the financial support both in relation to financing April’s work for us and for funding our trip to Liverpool in January 2015 (well before the publication of the Chilcot Report in July 2016) to present a work-in-progress version of our underpinning research.
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