David Lammy has declined to say whether US military strikes in Iran were legal under international law while adding: “I don’t say it’s not legitimate.”
Asked about the lawfulness of the strikes, the Foreign Secretary told BBC Radio 4’s Today programme: “Well, we weren’t involved, it’s for the Americans to discuss those issues.”
Meanwhile in a post on X, Shadow Attorney General Lord Wolfson set out his view on why the American strikes on Iran’s nuclear facilities were, in his view, legal.
Wolfson’s argument opened on the inherent right to use force in the face of an imminent attack from a hostile nation, which he said is “well-established in international law and for good reason: a country cannot be expected to remain idle and wait until it is actually attacked.”
David Lammy.
On Monday Lammy was asked on Radio 4 about the UK Government’s firmer view on whether Russia attacking Ukraine was legal.
“There isn’t a moral equivalence here”, he said, adding it had been “crystal clear” that Moscow invaded a sovereign nation.
It was put to Lammy that it was extraordinary he could not answer the question as critics argue Iran is also a sovereign nation which was attacked without warning. “I don’t think it is extraordinary because this was not the UK’s action, we were not involved, we were clear when this began and Israel’s attacks began that we were not involved… so I don’t say it’s not legitimate, but I can tell you as Foreign Secretary that we were not involved.”
He added that Iran has to “get serious about the off-ramp that is being made available to them” and that “ultimately this can only be dealt with in diplomacy.”
Lammy added: “I’m sorry that (the Joint Comprehensive Plan of Action) has since been breached, of course I am, but that’s why the international community is ultimately committed to this.
“And let’s be clear, if Iran is able to enrich beyond 60%, is able to get a weapon, what we will see is nuclear proliferation across the Middle East, the world will be seriously more dangerous than it is at the moment, that’s why it must be stopped.”
Lord Wolfson KC
Wolfson meanwhile noted Iran has repeatedly threatened to attack the UK’s bases and personnel if the UK “assists”Israel.
The Tory peer and barrister said this threat was made with “no clarity as to what Iran deems or might deem to be ‘assistance’, nor the scale of its intended attack”.
He also cited Tehran’s history of making genocidal threats to wipe Israel off of the face of the earth.
“In these circumstances, whether they are characterised as part of an ongoing armed conflict with Iran or as a new use of force based on self-defence, Israel’s actions are justifiable,” said Wolfson.
Attorney General Richard Hermer has reportedly advised the Government that it may be complicit in an illegal war if it supports a strike on Iran, but he drew a distinction regarding “defensive” support of Israel.
Prime Minister Keir Starmer’s response to the America’s strikes has also been to echo this advice.
On Sunday posted on X:”Iran’s nuclear programme is a grave threat to international security. Iran can never be allowed to develop a nuclear weapon and the US has taken action to alleviate that threat.
“The situation in the Middle East remains volatile and stability in the region is a priority. We call on Iran to return to the negotiating table and reach a diplomatic solution to end this crisis.”
