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Jan. 26 (BBC News) - Jack Straw rejected advice in the run up to war that invading Iraq without UN backing would break international law, the Iraq inquiry heard.
Mr Straw's chief legal adviser at the time, Sir Michael Wood, told the then foreign secretary it would "amount to the crime of aggression".
But Mr Straw told him he was being "dogmatic" and that "international law was pretty vague", Sir Michael said.
Ministers used the attorney general's advice on the war's legality instead.
Lord Goldsmith, who is due to appear before the inquiry on Wednesday, advised the government that force could be used legally without a second UN resolution.
But the Iraq inquiry heard there were serious concerns about the way in which the decision was reached among the Foreign Office's senior legal advisers.
Elizabeth Wilmshurst, who resigned in protest days before the invasion of Iraq, described the process as "lamentable" and lacking in transparency.
She said it was "extraordinary" that Attorney General Lord Goldsmith had only been asked for his opinion about the war just days before British troops went into action.
Sir Michael - chief legal adviser to the Foreign Office between 2001 and 2006 - said he believed the invasion did not have a legal basis as the UN Security Council neither met to agree Iraq was in "material breach" of existing disarmament resolutions nor explicitly approved the use of force.
"I considered that the use of force against Iraq in March 2003 was contrary to international law," he said
Newly declassified letters published by the inquiry show Sir Michael raised his concerns directly with the foreign secretary.
On 24 January 2003, Sir Michael wrote to Mr Straw telling him the "UK cannot lawfully use force in Iraq in ensuring compliance" on the basis of existing UN resolutions, including resolution 1441 which gave Saddam a "final opportunity" to comply in November 2002.
"To use force without Security Council authority would amount to the crime of aggression," he wrote.
In his reply, also published by the inquiry on Tuesday, Mr Straw said he "noted" Sir Michael's advice but did "not accept it".
Assessing what would constitute a legal basis for war, he said: "I am as committed as anyone to international law and its obligations but it is an uncertain field. In this case, the issue is an arguable one, capable of honestly and reasonably held differences of view."
Mr Straw said he hoped to secure a further UN resolution "for political reasons" but there was a "strong case" that existing resolutions and subsequent Iraqi non-compliance "provide a sufficient basis in international law to justify military action".
Asked about Mr Straw's reaction to his letter voicing concerns, Sir Michael said the foreign secretary had told him he was being "dogmatic and international law was pretty vague".
