Exclusive: I Can Reveal the Legal Advice on Drone Strikes, and How the Establishment Works 364


This may be the most important article I ever post, because it reveals perfectly how the Establishment works and how the Red Tories and Blue Tories contrive to give a false impression of democracy. It is information I can only give you because of my experience as an insider.

It is a definitive proof of the validity of the Chomskian propaganda model. It needs a fair bit of detail to do this, but please try and read through it because it really is very, very important. After you have finished, if you agree with me about the significance, please repost, (you are free to copy), retweet, add to news aggregators (Reddit etc) and do anything you can to get other people to pay attention.

The government based its decision to execute by drone two British men in Syria on “Legal Opinion” from the Attorney-General for England and Wales, Jeremy Wright, a politician, MP and Cabinet Minister. But Wright’s legal knowledge comes from an undistinguished first degree from Exeter and a short career as a criminal defence barrister in Birmingham. His knowledge of public international law is virtually nil.

I pause briefly to note that there is no pretence of consulting the Scottish legal system. The only legal opinion is from the Attorney General for England and Wales who is also Honorary Advocate General for Northern Ireland.

So Jeremy Wright’s role is as a cypher. He performs a charade. The government employs in the FCO a dozen of the most distinguished public international lawyers in the world. When the Attorney-General’s office needs an Opinion on public international law, they ask the FCO to provide it for him to sign.

The only known occasion when this did not happen was the Iraq War. Then the FCO Legal Advisers – unanimously – advised the Attorney-General, Lord Goldsmith, that to invade Iraq was illegal. Jack Straw asked the Attorney General to dismiss the FCO chief Legal Adviser, Sir Michael Wood (Goldsmith refused). Blair sent Goldsmith to Washington where the Opinion was written for him to sign by George Bush’s lawyers. [I know this sounds incredible, but it is absolutely true]. Sir Michael Wood’s deputy, Elizabeth Wilmshurst, resigned in protest.

In consequence Blair and Straw decided that, again for the first time ever, the FCO’s chief legal adviser had to be appointed not from within the FCO legal advisers, who had all declared the war on Iraq to be illegal, but from outside. They had to find a distinguished public international lawyer who was prepared to argue that the war on Iraq had been legal. That was a very small field. Blair and Straw thus turned to Benjamin Netanyahu’s favourite lawyer, Daniel Bethlehem.

Daniel Bethlehem had represented Israel before the Mitchell Inquiry into violence against the people of Gaza, arguing that it was all legitimate self-defence. He had also supplied the Government of Israel with a Legal Opinion that the vast Wall they were building in illegally occupied land, surrounding and isolating all the major Palestinian communities and turning them into large prisons, was also legal. Daniel Bethlehem is an extreme Zionist militarist of the most aggressive kind, and close to Mark Regev, Israel’s new Ambassador to the UK.

Daniel Bethlehem had developed, in his work for Israel, an extremist doctrine of the right of States to use pre-emptive self-defence – a doctrine which would not be accepted by the vast majority of public international lawyers. He clinched his appointment by Blair as the FCO chief legal adviser by presenting a memorandum to the House of Commons Foreign Affairs Committee in 2004 outlining this doctrine, and thus de facto defending the attack on Iraq and the Bush/Blair doctrine.

A key sentence of Daniel Bethlehem’s memorandum is this

“It must be right that states are able to act in self-defence in circumstances where there is evidence of further imminent attacks by terrorist groups, even if there is no specific evidence of where such an attack will take place or of the precise nature of the attack.”

There is a fundamental flaw in this argument. How can you be certain that an attack in “imminent”, if you are not certain where or what it is? Even if we can wildly imagine a scenario where the government know of an “imminent” attack, but not where or what it is, how could killing someone in Syria stop the attack in the UK? If a team were active, armed and in course of operation in the UK – which is needed for “imminent” – how would killing an individual in Syria prevent them from going through with it? It simply does not add up as a practical scenario.

Interestingly, Daniel Bethlehem does not pretend this is accepted international law, but specifically states that

“The concept of what constitutes an “imminent” armed attack will develop to meet new circumstances and new threats”

Bethlehem is attempting to develop the concept of “imminent” beyond any natural interpretation of the word “imminent”.

Daniel Bethlehem left the FCO in 2011. But he had firmly set the British government doctrine on this issue, while all FCO legal advisers know not to follow it gets you sacked. I can guarantee you that Wright’s Legal Opinion states precisely the same argument that David Bethlehem stated in his 2004 memorandum. Knowing how these things work, I am prepared to wager every penny I own that much of the language is identical.

It was New Labour, the Red Tories, who appointed Daniel Bethlehem, and they appointed him precisely in order to establish this doctrine. It is therefore a stunning illustration of how the system works, that the only response of the official “opposition” to these extrajudicial executions is to demand to see the Legal Opinion, when it comes from the man they themselves appointed. The Red Tories appointed him precisely because they knew what Legal Opinion would be given on this specific subject. They can read it in Hansard.

So it is all a charade.

Jeremy Wright pretends to give a Legal Opinion, actually from FCO legal advisers based on the “Bethlehem Doctrine”. The Labour Party pretends, very unconvincingly, to be an opposition. The Guardian, apparently the leading “opposition” intellectual paper, publishes articles by its staff neo-con propagandists Joshua Rozenberg (married to Melanie Phillips) and Rafael Behr strongly supporting the government’s new powers of extrajudicial execution. In summer 2012 Joshua Rozenberg presented a programme on BBC Radio 4 entitled “Secret courts, drones and international law” which consisted mostly of a fawning interview with … Daniel Bethlehem. The BBC and Sky News give us wall to wall justification of the killings.

So the state, with its neo-con “opposition” and media closely in step with its neo-con government, seamlessly adopts a new power to kill its own subjects based on secret intelligence and secret legal advice, and a very weird definition of “imminent” that even its author admits to be outside current legal understanding.

That is how the state works. I do hope you find that helpful.

This article has been updated to reflect the fact the Daniel Bethlehem is now retired from the FCO.


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364 thoughts on “Exclusive: I Can Reveal the Legal Advice on Drone Strikes, and How the Establishment Works

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  • craig Post author

    Just realised the only surprising thing about this story is that they haven’t put Bethlehem in the Lords – yet.

  • Peter Beswick

    Mysterious break ins are not uncommon. I can’t fathom out however how there was heavy mud staining from the lift to door and back again whilst the staining inside, after walking over the mat was much lighter. The staining from the door back to the lift should be even lighter than those in the flat unless; 1) the intruder had two pair of boots and changed when (s)he got in the flat and again on leaving, 2) there were two bandits one keeping lookout, 3) the intruder wiped their feet on entry but picked up dirt from the mat again on exit, 4) the floor covering on the landing was much more attractive to dirt (or showed up dirt more) than the floor covering inside the flat. Or mud in a tupperware box.

    Another mysterious break in;

    Dr Kelly’s dentist discovered an unsecured window in her practice and a week later she learns Dr Kelly is dead. The dentist was concerned that their customary telephone call reminder of an appointment to his home may cause distress for Mrs Kelly so she checked his records. They had been removed.

    The dentist was also curious over media reports that Kelly had been suffering from depression and wanted to check if there was any mention of that in his notes.

    His notes contained a postcard to the dentist from Baghdad.

    A couple of days later the dental records mysteriously reappeared in the place in the filing cabinet where they should have been. The dentist called the police and despite an investigation including the unsecured window the police concluded there was no evidence of a break in.

    The police checked the records for fingerprints and checked them against the staff who had access to the file and “elimination samples” from contractors who had worked over the weekend at the practice.

    The investigation concluded the only prints on the file belonged to the hygienist who was the last person to access the file.

    An FOIR, some years later, revealed this was a lie. There were in fact 6 unidentified fingerprints on the file but the Assistant Chief Constable giving evidence at the Hutton inquiry repeated the lie and denied the existence of the extraneous prints.

    The night the window was found unsafe was the night Mrs Kelly said she and her husband stayed in Weston Super Mare, the same night that Kelly was outed as Gilligan’s mole. Dr Kelly did not stay in Weston Super Mare that night, Mrs Kelly lied. Dr Kelly played crib with his friends in the local pub that night and travelled to the west country the next day via Swindon and Weston Super Mare. Hutton lies in his report about this fact.

    It has never been publicly revealed where Dr Kelly actually stayed the night of 9th July but concerned enough by him possibly revealing where he stayed each member of crib team (all eleven of them plus the landlord) were each interviewed by police (possibly twice each).

  • Mark Golding

    Few consider a drone can is a pilotless aircraft with limited intelligence, a dumb machine with a deadly payload.

    If such a machine crashes and kills people, the families of the deceased will be told lies and a D-Notice will keep the lid on the incident. I know this from working with and testing torpedoes in Scotland’s lochs.

    More than 400 large military drones have crashed in major accidents around the world since 2001, a record of calamity that exposes the potential dangers of throwing open British skies to drone traffic. Two sailors were burnt when a drone veered out of control and crashed into a guided missile cruiser.

    Oblivious to the technicalities agent Cameron relies on his RAF commanders at RAF Waddington in Lincolnshire who tell him UAV’s or drones are the future of modern warfare – notably when a government famously loses an MPs’ vote on whether to join any US-led air strikes against President Assad.

    http://dronewars.net/drone-crash-database/

  • Republicofscotland

    Craig thank you for the link at 9.26am.

    I’m gobsmacked to find out that the Britain is the biggest importer of drones in the world, with most of them coming from Israel.

    I’m not surprised to read however that Israel is at the forefront of defence strategies,by using the Palestinian people as guinea pigs, to see what techniques work best.

    They then go on to sell these techniques to other countries, I wonder if the Israeli’s developed and marketed the technique of kettling.

  • Ishmael

    Thanks Macky, saved me proofing the page of similar stuff I just deleted. Ie

    I blame the system.
    Nothing changed,
    Chickens home,
    Totalitarian corporate structures thought society, and expect?
    Obedience because it exists (legitimacy),
    Like the Indians under the boot.
    And something about picking through peoples homes, gross.
    +Topical link.. https://www.youtube.com/watch?v=0YzLDSNw2zw

    Shortened version that was going to be a ‘reply’ to Johns remark “The depths of their depravity is unfathomable..”

    My conclusion so far… I own me so this “government” GANG and I are obviously heading straight for the rocks. Some Gandhi quote about death vs obedience. Etc

    O yea, and it is hard to believe people like this are among us. Though I know a few psychopathic type people I avoid. In and out of prison etc. But yea, what’s new I guess, top of the “food chain”.

  • RobG

    The French newspaper article that this Daily Mail piece is citing does not say that there is an ISIS suspect in Calais, who is planning to ‘sneak into the UK and carry out terror attacks’…

    http://www.dailymail.co.uk/news/article-3229134/Syrian-ISIS-suspect-sleeping-rough-Calais-refugee-camps-hope-sneaking-UK-wage-terror.html

    The winner of the Labour leadership contest will be announced on Saturday. It seems highly likely that there will be a motion in the Commons next week for war in Syria.

    Methinks there might be an ‘event’ in the UK sometime soon, just to jolly along the neo-con agenda.

  • Mary

    CameraOn visited RAF Waddington in July.

    Cameron further commits the UK to drone wars
    13/07/2015

    A year after the UK doubled its drone fleet David Cameron visited RAF Waddington today to signal further commitment to – and spending on – drones and special forces. The Prime Minster told the media that he had asked Defence Chiefs to look at how to do more to counter the threat posed by ISIS including spending more on “spy planes, drones and Special Forces.” Cameron insisted that “in the last 5 years, I have seen just how vital these assets are in keeping us safe.” He also, according to reports, suggested that the new Aircraft Carrier, Queen Elizabeth could be used to deploy drones in the future.

    /..
    http://dronewars.net/2015/07/13/cameron-further-commits-the-uk-to-drone-wars/

    Did they let him press any buttons?

  • RobG

    Craig said: “Just realised the only surprising thing about this story is that they haven’t put Bethlehem in the Lords – yet.”

    I don’t think they could find the room.

  • Republicofscotland

    Speaking of useless ego maniacs.

    Gordon Brown has admitted the “Vow” has not been delivered – almost a year after he masterminded it.

    Giving evidence to a parliamentary group at Westminster on devolution, the former Prime Minister expressed frustration at the process of handing over more powers to Holyrood, and said the Scotland Bill was falling short of the recommendations made by the Smith Commission.

    Meanwhile TNS poll puts support for Scottish independence ahead, thats the second poll in recent weeks to do so.

    Roll on indy.

    http://www.thenational.scot/politics/brown-admits-the-tories-havent-fulfilled-the-vow.7402

    http://www.thenational.scot/politics/second-poll-suggests-scotland-would-vote-yes-if-new-referendum-was-held-tomorrow.7406

  • John Goss

    Mary, the last time I was at RAF Waddington was at an anti-drone demonstration. There was only one MP there that I saw – Jeremy Corbyn. Lindsey German was there of course.

  • Republicofscotland

    Meanwhile it’s been said that it’s easier to decipher the Rosetta stone than find out who’s paying for Alistair Carmichael’s defence.

    A partial answer comes from a recent crowd funding page, started by Aberdeen lawyer Sheila Ritchie, who ran Christine Jardine’s campaign against Alex Salmond in Gordon.

    Ritchie is appealing for you to donate, Carmichael needs £50,000 quid for his defence. Poor Alistair pretending to be skint, hoping you’ll pay his costs.

    http://www.thenational.scot/news/help-alistair-and-stop-the-snp-meet-the-people-trying-to-raise-funds-for-carmichael.7401

  • Suhayl Saadi

    “Not forgetting, of course, that They are reading this.” Node

    Indeed. They have been right from the start. For a while, they were sending lots and lots of spam to this blog, including spams about a particular brand of shoes. Hello, guys with the muddy boots. We know who you are and we all are watching you! You are on candid camera. If you, or your large muddy boots, appear anywhere near Holyrood, now that everyone who frequents this blog knows about you, you now are very likely to be filmed there and no doubt the film will be posted on youtube and everywhere else.

    Do you buy Clarks? They have very good fittings, I hear.

  • fred

    “I don’t know why you’re going on about Iraq. Let me make my question clear. ”

    I’m going on about Iraq because ISIS occupied territory is a contiguous area of land which crosses the Syrian Iraq border therefore it is relevant to the drone strike.

    I don’t know why you keep going on about Norway.

  • Ishmael

    ” Cameron insisted that “in the last 5 years, I have seen just how vital these assets are in keeping us safe.”

    Ok so it’s not part of an escalation of state spending on violent weapons and their use.

    “Freedom lives in the barrels of a warm gum.” I feel sick. They can’t stop can they.

    https://www.youtube.com/watch?v=ustXRPke9lM

  • MJ

    “The Russian military build-up in Syria”

    The more forces in Syria the better if the objective is push back and eliminate “ISIS”. Syria and Russia can take care of the Syrian side and USUKEU can offer their services to Iraq and Iran to mop up the rest.

    I take that back. “Our concern would be that any effort to bolster the Assad regime right now would potentially be destabilizing,” Pentagon press secretary Peter Cook said Tuesday.

    http://news.yahoo.com/huge-russian-military-planes-land-syria-221502659.html

    Did he mean “stabilizing”? The US appears to be saying that toppling Assad and destabilizing Syria is a higher priority than tackling “ISIS”.

  • Ishmael

    There is no mandate for this at all. This use of drones is unacceptable. Just as it was when America stated using them. They terrorize vast populations. As our state terrorized us to block resistance to an illegal and immoral invasion.

    All his it totally immoral, they could keep countess people safer if they did not persecute them, make them live in poverty, people are at more risk from the most random stuff, slipping in the bath….

    See the response to northern island, the threats. This is about Cameron’s and the establishments hard on for Syria. Hell, just any war…

    It’s all they do ffs…It always leads to this. We are being fucking abused by these bastards.

  • Mary

    MickC raised the question of inquests for the victims. Does not coronial law apply whereby British citizens who die abroad have to have an inquest?

    viz those killed in Tunisia

    Tuesday 08 September 2015

    THE inquests into the deaths of 30 Britons in June’s Tunisia terror attack will be heard by a crown court judge.

    Judge Nicholas Loraine-Smith, who sits at Southwark Crown Court in London, will conduct the official investigations into deaths of the UK victims of the mass killing in the Mediterranean resort town of Sousse, Chief Coroner Judge Peter Thornton QC has announced.

    http://www.yorkshireeveningpost.co.uk/news/latest-news/top-stories/judge-will-hear-inquests-on-tunisia-victims-1-7450687

  • Robert Crawford

    Mark Golding @3.53pm.

    Testing torpedoes in Scotland’s lochs.

    Guinea pigs!

    We get all of England’s shit!

    Roll on Independence!

  • Habbabkuk (scourge of the Original Trolls)

    Mary

    “MickC raised the question of inquests for the victims. Does not coronial law apply whereby British citizens who die abroad have to have an inquest?”
    ____________________

    I believe it does.

    But an inquest on a death overseas requires evidence, testimony, witnesses and, in some cases, a coroner’s visit to the place of death.

    Perhaps rather difficult given the place where the deaths in question are said to have occurred?

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