craig


New Labour Sex Smears a Dissident (Again)

Stalin had a word for it: Kompromat. it is now being used against Angus MacNeil, the Scottish Nationalist MP who launched the “Cash for Honours” scandal that may well put some of Blair’s top aides in jail, probably for their destruction of evidence.

This account from the “This is London” website makes the parallel with the smear campaign against me. I would add that, after a four month investigation loaded against me in every possible way, I was found not guilty of all the allegations against me.

For American readers, the age of consent in the UK is 16, so MacNeil is not accused of anything illegal. MacNeil has come clean and said he was “Wrong and stupid” to romp with the girls. That is a question of personal morality. Having seen their photos, I think he is a lucky man with excellent taste.

http://www.thisislondon.co.uk/news/article-23392190-details/Is%20’sleazebuster’%20MP%20who%20romped%20with%20two%20teen%20girls%20the%20victim%20of%20a%20’smear%20campaign’/article.do

The MP who triggered the police investigation into cash-for-peerages is the suspected victim of a sinister smear campaign, it has been claimed.

Scottish Nationalist MP Angus Macneil was forced to apologise to his wife and family after admitting to a ‘drunken romp’ with two teenage girls.

But in a dramatic twist, SNP party leader Alex Salmond suggested the MP had been spied on by MI5 as a result of the honours inquiry.

Mr Salmond said Mr Macneil had made the ‘most extraordinary powerful enemies’ after the inquiry probed the highest levels of Downing Street.

His complaint to the Metropolitan Police has triggered a 13-month probe which has seen Tony Blair interviewed twice by detectives and fundraiser Lord Levy and top No10 aide Ruth Turner arrested.

Two police forces confirmed they had investigated complaints of ‘intense intrusion’ against Mr Macneil but said no crimes had been detected.

The Metropolitan Police revealed it had investigated an allegation of a break-in to Mr Macneil’s Commons office after claims it had been ‘swept’ in a covert spying operation, but found no evidence.

Yet the alleged incidents bear striking similiarities to the treatment of former ambassador to Uzbekistan, Craig Murray, who claimed he was the victim of dirty tricks by MI6 after speaking out against US foreign policy in the former Soviet state.

After he accused Britain of being complicit in the torture of terrorist suspects by American forces, stories emerged of Mr Murray’s affair with a 22-year-old dancer, which the diplomat admitted, and accusations that he offered visas in return for sex, which he denied.

A Sunday newspaper revealed that Mr Macneil ‘kissed and fondled’ two teenage girls in a hotel room in July 2005.

View with comments

Want to Earn Ten Years’ Salary? Get Captured.

The government is introducing a new incentive scheme for the military. If you get captured you can immediately make a quarter of a miilion pounds, maybe much more.

There is so much that can be said about this turning of the Iran captivity into an extension of the Big Brother house. The most important thing to say is that it stinks. It is, of course, a merging of the propaganda of those who want war on Iran, with the moronic celebrity culture that made a star of Jade Goody.

It is worth noting that the MOD have announced that the ex-captives will be “Advised” by MOD press officers in writing their stories, which will be subject to approval by their commanding officer, Both the MOD, the ex-captives and the tabloids will have an interest in exaggerating the horror of their captivity. It is worth remembering now that the senior officer with the party said explicitly at their press conference that they were not subject to mock execution. Despite the newspapers giving the impression they were blindfold all the time, one of them said that they had blindfolds put on when they were led to the toilet. I am sure it was all a horrible experience. Perhaps it is the confidence of having myself on several occasions had cocked weapons pointed at my head while I was in government service, including by drugged-up Sierra Leonean rebels, that lets me point out that it wasn’t that terrible.

In particular, it wasn’t that terrible compared to the horrible deaths of eight British servicemen since these others were captured. Nobody is offering hundreds of thousands of pounds for the story of the families of the dead.

Blair’s appalling Middle East policy has led to the deaths of hundreds of thousands. This government-led trivialisation of that stark fact into spin and tabloid entertainment is the apotheosis of New Labour.

I resigned from the Diplomatic Service and published Murder in Samarkand to blow the whistle on government complicity in torture and the use of the resulting false intelligence and false flag bombings to ramp up the “War on Terror”. I was a British Ambassador and writing from direct personal experience, as an eye witness.

The government did everything possible to stop me publishing. They stalled for ten months haggling over the text, then said it was banned. I decided to call their bluff and publish anyway. The result was a stream of threatening letters from Treasury solicitors and a series of publishers pulling out. My royalty payments do not yet exceed what I owe the eventual publisher for covering the legal bills. I am not sure they ever will. In the end, we had to publish the most sensitive material to the web, with urls given in the footnotes of the book where material has been cut out.

Thus the government tries to bury the truth. As a rule of thumb, if the government wants you to know it, it probably isn’t true.

View with comments

Nick Cohen and the Effects of Alcohol

The Observer publish a column by me in their “My week” series.

http://observer.guardian.co.uk/7days/story/0,,2052388,00.html

It is interesting to compare what they published with what I submitted. Shortened for length, obviously, but the editing makes it look like my comments on alcohol were a jibe at Muslims, when in fact they were a jibe at Nick Cohen. It is perhaps understandable that the Observer have taken out criticism of their long-standing columnist and new neo-con pin-up. Slightly more worrying that they didn’t think my attack on the appointment of an appalling New Labour hack as chairman of the BBC was worth printing:

Anyway, here is what I originally wrote:

Nadira is studying a postgraduate acting course at Drama Studio London, an acting school of very high reputation. They have just broken up for Easter, and I go along to their end of term karaoke party. I feel inspirited by these young people. I would like to sing but Nadira only took me along after I promised I wouldn’t. Interestingly they all choose songs from my generation, not theirs. I learn that a song I have heard on a hundred radios, but didn’t know the title, is called ‘La Isla Bonita’ or sometimes, on this karaoke machine, ‘La Isla Bontia’. Does the Guardian do karaoke machines? Anyway one line in this song had always startled me. ‘I fell in love with some dago’ had always seemed a strange thing to sing, even in less politically correct times. I now see on the machine it was San Pedro she fell in love with: presumably a place not a holy old fisherman.

I also discovered that the Abba line from Super Trouper is not the improbable ‘Since I called you last night from Tesco’ but rather ‘Glasgow’.

Which is, of course, even less romantic.

I have spent a great deal of the week dashing between television and radio studios to give interviews about the Iran captives. I used to be head of the Maritime Section of the Foreign Office. In the first Gulf War I lived, quite literally, in an underground bunker working in the Embargo Surveillance Centre. I worked with Naval staff and was very heavily involved in the real time direction of Gulf interdiction operations. So I really know about this stuff.

There were farcical elements to the whole incident. Neither the British, Iraqis nor Iranians could say whose waters they were in, as the boundaries have never been agreed outside the Shatt-al-Arab. The military failure was due to the fact we have nothing in the area between a warship and a rubber dinghy; it reminded me of the Cod War with Iceland all over again (we lost that one too). Still less can I understand why we have warships attempting to collect Iraqi vehicle excise duty. These patrols, maintained at enormous expense to the British taxpayer, have made precisely zero seizures of significant quantities of explosives or guns. Up the Gulf by ship is not how the insurgents are supplied. The looting of thousands of tonnes of munitions from the disbanded Iraqi army was enough to keep them going for many years.

An extraordinary thing is the disconnect between the BBC presentation and what ordinary people can see. I think I can honestly claim that, unless you happened to catch me being interviewed, nothing else in hundreds of hours of BBC TV coverage would give a stranger the slightest clue that the majority of British people do not think our troops and Navy should be there in the first place. I am genuinely sorry for the ideal of these young people, but nobody can pretend it was a patch on extraordinary rendition to an Uzbek dungeon, on Guantanamo Bay, Abu Ghraib or the regular beating of Iraqi prisoners by British troops, of which the hideous murder of Baha Musa is just one very bad example. There was infinitely more focus on the rejoicing families of our returned captives than there was thought for the grieving families of the four men and women just killed. Having sent those young people to their useless deaths, Blair’s only thought was to use them to bang the drum further for war against Iran,

Ask yourself – when is the last time you saw an anti-war voice, as opposed to a pro-war “military” or “security” expert, asked by the BBC to comment on a Middle East development? Yet the majority of people in this country are against the war. If they want an ex-diplomat, they go for pro war cheerleaders Pauline Neville Jones or Christopher Meyer, even though eight out of ten ex British Ambassadors are against the war.

Amazingly, Sky News is much more open to dissent, and gives much fairer representation to anti-war voices, than the BBC. I see that a New Labour apparatchik and mate of Gordon Brown has just been appointed to chair that august body. There would be no danger now of any unfortunate outbreak of the truth on the BBC, as when Andrew Gilligan told the nation there were no Iraqi WMD.

Lunch with Michael Winterbottom and Andrew Eaton to discuss the latest developments in producing the film of Murder in Samarkand, the book of my time in Uzbekistan. Paramount are funding the project and it is good to discuss filming locations and casting with a pretty open budget. There has been a change of writer since we last met, and Michael himself has drawn up the ‘treatment.’ We agree that the drama has to be griping, the sex erotic and the humour hilarious. Michael has a passion for authenticity which could cause problems. He is very insistent, for example, that Uzbeks should play Uzbeks and Russians play Russians. I point out that this is no problem provided we can find actors with no objection to be executed or murdered by their governments once the film is shown.

Steve Coogan is to play me. He is, of course, not nearly good looking enough. But then, who is?

This week I read ‘An Honourable Deception’ by Clare Short, and ‘What’s Left’ by Nick Cohen. I confess to being a fan of Clare Short. Unfortunately her on/off resignation did huge damage to her standing, and probably to the sales of this book. That is a great pity because what it has to say about the sickness at the heart of New Labour is quite devastating.

Let me summarise Nick Cohen’s book for you. ‘If you are against eating Muslim babies, you are a supporter of Islamofascism. If you are perturbed by Guantanamo Bay, you would not have fought in the Spanish Civil War, are probably a fan of Hitler and have no right to call yourself a Liberal. Neo-Conservatism is the New Left.’

There, now you don’t have to read it. Believe me, I have done you a favour.

I have never been much attracted to Islam myself as my hobbies are drinking whisky and chasing women. Contrary to Cohen’s argument, the very many British Muslims I know, some of them very radical, have no problems with my lifestyle or any intention of imposing their religion on the rest of the UK.

I think the fight against neo-puritanism is very important. The mineral water at lunch crew are a fundamental threat to civilisation. I have always maintained stoutly that it is possible to drink a great deal without any impairment of the mental faculties. I fear Cohen’s book may be disproving that.

I am making arrangements to get to Ghana for the funeral of my friend, Hawa Yakubu. Hawa was a woman of quite extraordinary influence across West Africa. She was on the closest terms with almost every major African Head of State over thirty years. I recall late one night we were struggling with ideas in the negotiations for the Sierra Leone peace treaty, and she simply phoned President Obasanjo of Nigeria at 2am to ask him to put pressure on Charles Taylor. It says volumes about Hawa that he was delighted to be awoken by his old friend.

Hawa did huge amounts for women’s development, for African integration, for conservation, and for the poverty-stricken West African Savannah Belt. She was completely non-corrupt and leaves no personal fortune. Her influence was absolutely vital in helping Ghana become a democracy after Rawlings. She never held more than junior ministerial office because she found it too limiting. One of the most positive influences bringing hope to modern Africa, she is mourned by an extraordinary number of powerful people on several continents. It says much of our modern remoteness from African affairs that no British media have noted her passing.

Good Friday is Nadira’s birthday. Foxy, our cat, gave birth to four kittens. Last year on Nadira’s birthday Foxy gave birth to one, Chocolate, who we still have. Nadira goes all gooey-eyed on me and insists we must keep the kittens. I point out that our long-suffering landlord, Mr Dash, has already put up with two cats when our lease clearly states that we are allowed no pets.

‘But you don’t have any money to pay the rent anyway, so why would he worry about a few kittens?’ Nadira asks. I don’t see how to argue with that.

View with comments

Murder in Samarkand – Interview With Michael Winterbottom

This is an extract from an interview with Michael Winterbottom published in El Pais on 23 March. It is translated from the Spanish by me, so may not be perfect.

Winterbottom always has three or four projects in hand. This day in March is no exception. A monitor in his London office is showing rushes of A Mighty Heart, about the murder in Pakistan of the Wall Street Journal correspondent Danny Pearl. The film is based on the reconstruction of the facts published by his widow, Marianne, played by Angelina Jolie. The director is also supervising details of the imminent filming of Genova, to be shot on location in Italy with Colin Firth. And meanwhile he looks toward the future, to 2008, when he expects to complete a trilogy with the actor Steve Coogan. The English humorist performs a triple role in Tristram Shandy and is the narrator of 24 Hour Party People, the frantic exploration by Winterbottom of the musical insanity of eighties Manchester.

“We want to do a comedy about torture”, he states, without avoiding the boldness of his objective. He is working already on the script, based on Murder in Samarkand, the biography of Craig Murray, the British ambassador to Uzbekistan who lost his job and diplomatic career to denounce the connivance of Tony Blair’s government in cases of torture of terrorist subjects.

“There is a connection among these three movies, that relates to aspects of Steve. The structure, the form and the tone of the narrative are similar. Also the feverish passion for people, the love of ideas and a sense of humor that pricks pomposity”, Winterbottom explains.

As a person, Tristram Shandy has entered the English popular vocabulary to describe people of brimming imagination and absurd ideas. The book was also viewed as unfilmable. In “A Cock and Bull Story” Winterbottom resolves the problem by making a film about a film, that is to say, about a group of filmmakers who try to adapt the novel.

“The book is not based on a traditional concept of narrative. It disperses in multiple directions, with no straight line, and interspersed with passages very tangential to the central story. It is one of the aspects that most attracted me to the project. Movies, in general, are incredibly conservative as to structure and form. Here I deliberately avoid falling into a lineal structure, as I also did in 24 Hour Party People and I want to do again in Murder in Samarkand”, explains the director.

Lourdes Gomez, El Pais, 23/3/07

View with comments

Video Killed the Radio Star

I had the interesting experience of sitting on set at BBC News 24 for over an hour today, intermittently talking and intermittently on camera. I had come in to discuss both the maritime boundaries issue and the question of the behind the scenes diplomatic negotiations. As Oliver Miles said today, there were at least ten bilateral discussions between Iran and British ambassadors, ministers and No 10 officials. Tony Blair might claim there were no negotiations, but they weren’t discussing the weather.

Anyway, I was on air when the hostages arrived by helicopter and were reunited with their families. Thus I found myself being asked for an hour questions such as “How do you think the families are feeling?”

I should say that the presenters were really nice, and the hectic atmosphere of a newsroom on a big live breaking story is great fun. I found myself involved in an interesting game of offering deadpan expert analysis, but interspersing it with subversive comment. I didn’t want to push that too hard or I was pretty plain I would have got yanked off. So over the course of an hour I first slipped in the observation that, as a taxpayer, I was not too keen on financing very expensive warships steaming around the Gulf allegedly to collect vehicle excise duty. Later I was able to say that, while I shared the unalloyed delight at the return of the 15, I was thinking rather more about the families of the four British servicemen who had been killed in Iraq today, and their civilian interpreter. Before they could recover from the shock of that burst through the reverential coverage, I added the 70 Iraqi civilians who on average die every day.

You should understand that over the long broadcast I mostly talked about the return of the captives and had no difficulty in being genuinely upbeat and happy about that. But the reunion of captives and families probably had the largest live news audience for many months; it did not escape the No 10 spin doctors’ attention that their “Triumph for Tony” moment was being jeopardised by a dissident having been allowed on the BBC.

Ask yourself – when is the last time you saw an anti-war voice, as opposed to a pro-war “military” or “security” expert, asked by the BBC to comment on a Middle East development? Yet the majority of people in this country are against the war. If they want an ex-diplomat, they go for pro war cheerleaders Pauline Neville Jones or Christopher Meyer, even though eight out of ten ex British Ambassadors are against the war.

Anyway the outraged phone calls from the government to the BBC started coming in. As a result, having been introduced as “Former Head of the Foreign Office Maritime Section and Former British Ambassador…” the first time, I was reintroduced as “Craig Murray, who was sacked as British Ambassador to Uzbekistan for opposing British government policy”. The poor presenters, with whom I had been getting on well for an hour, seemed embarassed.

I therefore decided the gloves were off, and introduced “the elephant in the room – that the large majority of the British people don’t believe that our servicemen should be in Iraq and in harm’s way in the first place.”

There is no doubt at all that when you make anti-war or anti-government points on the BBC the whole body language and line of questioning indicates that you are some sort of isolated extremist. Of course, our so called opposition parties fail to make any such points, and the BBC’s normal pool of experts are hand picked to be reliably right wing on these issues. The absolutely astonishing thing is that I then whizzed off to Sky News (Fox affiliate) and there, in the heart of the Murdoch Empire, the atmosphere is totally different.

I was asked open questions if anything leading me on to be overtly critical of the war, Tony Blair and John Bolton. This is not unusual. Tony Benn, George Galloway and I all get far easier access to Sky than the BBC. Sky does seem to maintain a modicum of journalistic integrity. The BBC has totally lost it since Gilligan, Dyke and Hussey were sacked for telling the truth about Iraqi WMD, and David Kelly was murdered.

Anyway, after Sky I went to buy a birthday present for Nadira. A lady outside the shop told me that she had just seen me on the TV. “I used to listen to you on Radio 4” she said, “You looked a lot better on the radio.”

View with comments

The Last Word

I just heard the Iraqi Foreign Minister on BBC Radio “The World at One”.

He said “That border is disputed. It has been for many years. It has moved. That is why we had this war of maps…We have agreed with Iran that our technical levels will fix this border including in the Shatt-al-Arab.”‘

Interestingly he said that the Iraqi government had asked the US government, several weeks ago, to release the five Iranians captured by US troops. The US is “reviewing the request”.

There could be no clearer illustration that the idea that Iraq has a sovereign government is a sham. That the Iraqi government is not able to stop the US, against its will, capturing and imprisoning foreigners on the territory of Iraq, is sufficient proof that Iraq remains a state under hostile occupation.

How do those who claim that we are in Iraq under a UN mandate to assist the Iraqi government, square this with the exercise of physical force and deprival of liberty by US forces against the express will of the so-called government of the country?

View with comments

No Winners Here

Any life saved is a victory, and I am delighted that the maritime incident has been resolved with nobody being killed or even injured. That is the right perspective on this.

Today four more unfortunate British serviceman died in Southern Iraq as a result of Blair’s crass Middle Eastern policy. Think of them and their families, and the seventy Iraqi civilians who on average will be killed today. Yes, rejoice at the fifteen who came home safely today, but remember those who did not, and their families.

Less than a week before this fifteen were captured, the media received the confirmation that British government scientists believed that 655,000 dead in Iraq a year ago was a good estimate. That received almost no press coverage. The detention of fifteen Britons for ten days is more important than the agonising deaths of hundreds of thousands of Iraqis.

There was a revelatory moment on BBC Breakfast TV this morning when Admiral Sir Alan West said he was sure we had been in “our” waters. He corrected himself afterwards to “Iraqi waters” but the slip reveals the mindset of the occupying forces.

It is an extraordinarily wide interpretation of the UN occupation mandate to use it to interdict neutral merchant shipping in the Gulf. For me one of the most amazing things about this sorry dispute is that HMS Cornwall was, by the MOD’s own account and according to the embedded journalists on board, attempting to prevent the smuggling of cars. Am I really paying my taxes for incredibly sophisticated warships to be involved in the collection of Iraqi vehicle excise duty?

The Iranian release caught the UK on the hop and was a political coup, but followed British diplomacy offering technical talks on the disputed boundary area and the conduct of future operations. I hope that in the not too distant future Iran and Iraq will negotiate their maritime border; but thanks to us Iraq has a government that controls a tiny proportion of its land, let alone its seas.

Let us hope that the safe return of the fifteen shall be followed swiftly by the safe return of all our forces. They should never have been there in the first place.

View with comments

British Embassy No Longer Protects The Oppressed

Just after blogging yesterday that I had received 317 emails from people who had read “Murder in Samarkand”, I received the 318th. This one is unusual in that it is from someone I know slightly, an Uzbek I tried to help four years ago. I publish it because I think it is important, not least in what it says about the British Embassy in Tashkent no longer helping the oppressed. I have removed all details that may help the Uzbek government identify the sender.

Dear Mr Murray,

My name is… I wonder if you still remember me. I met you in Uzbekistan in … I was uzbek student who studied … I remember I came to you desperately seeking for help from aggressive and abusive actions of uzbek police and you helped me that time. You even went to police station with me trying to protect me from possible physical abuse. … I can not speak against uzbek authorities because my relatives and friends are in Uzbekistan and they have been threatened by bloody snb, that they all would have a huge problems if I am going to act like a decedent.

So, since then I am keeping myself quite, keeping all of the anger inside me. Here I met Andijan tragedy, and other abusive and terrible actions of uzbek terrorist government. Would you believe or not I did not even have any contacts with uzbek people in … I distanced myself from everything linked with Uzbekistan.

And then I bought your book and memorable emotions filled my head. I read whole your book in just 2 days. Every time I turned pages tears were on my eyes. Everything came to my memory, my childhood, my university ages, my friends, my parents and then my problems. I remembered neighbourhood where I lived in … gathering with my friends. It is terrible what regime did to people. At least I am alive and live in … dream for many uzbek people. I did not know, that regime was behaving so badly with foreign diplomats as well. I thought only Uzbeks deserved such brutal behaviour. I knew, that you were brave person, but when I read your book, I could not believe how much brave you are. You did more for uzbek people than any uzbek ever did. You gave us hope, that regime is not something which has unlimited power, that people can strike against this terrible persons.

After you have been sacked, British Embassy is not a place for desperate people anymore. Nobody cares about torture. Embassy became the same place it was before you. Of course after your experience nobody will want to have the same troubles with FCO. Now they are paying the price. Labours’ rating is the lowest as it ever was. They betrayed the person who really did a lot to increase British prestige among the most of uzbek people. There were even uneducated people who knew there is some place in Tashkent where they can find a protection, where they at least can be listened. So it was, but it worse now. NGOs have been closed, talented students do not have chance to study abroad anymore, instead they should study BLOODY karimov’s books, this lie, this hypocrisy.

Thinking about all of these, I do not regret that I left Uzbekistan, even those, I live here alone without any relatives or friends. I regret only about how mane more people will become victims of this terrible, brutal, inhuman regime. How many more people should suffer, or being killed before this BUSTARD karimov and his BLOODY dogs will go. I spoke with some people here about this, but nobody knows. One thing is certain, that it can not last forever. My situation is much better now. I have more or less good job, probably the best that immigrant refugee can get…. I am working as ….

I just dream, that one day we, I mean Uzbeks, can live free without being threatened. But, I do not know when, and how to make these days happened. I have spoken with …by the way big hello to you from him, and he told me that it would be very bloody way to get rid of regime. This conversation was even before Andijan tragedy, and history proved his opinion. He also was terrified after Andijan and said that it was too much blood for nothing.

I do not know if you were drinking alcohol, or having sex with women, but one thing is certain, is that you were the best diplomat UK could ever have. You cared about Human values of freedom and life, and cared about foreign non-British people when you saw, what a disaster is around them. You were doing the same things UK and US governments were talking about before Iraq invasion, that they were going to protect Iraqis from tyranny and gave them freedom. But instead that sacked their diplomat who was trying to implement this programme. What a hypocrisy.

I am sorry for my long letter, full of emotions. Two years I tried to forget about all of these and then suddenly bought your book and remembered everything.

I live in .. will be one day and will…wish to meet, I would be very happy. It will be very big honour for me to meet with you. Thank you very much for everything you did and still doing for uzbek people and for me personally.

Yours respectfully,

View with comments

Turning the Tide in the Gulf

We really do seem to have turned the media tide on this one. The maritime law experts now feel it is safe to pop out of the woodwork and make plain there is no clear boundary, and the politicos are waking up to the fact that the disputed boundary gives you the diplomatic solution.

From Reuters today:

By Luke Baker

Tue Apr 3, 10:10 AM ET

LONDON (Reuters) – Shifting sands and a poorly defined maritime border could give Britain and Iran enough room to save face in their 12-day stand-off over a group of detained British sailors and marines, border experts say.

Because the maritime boundaries off the Shatt al-Arab waterway, drawn up in 1975 but not updated since, are open to a certain degree of interpretation, Britain and Iran could “agree to disagree” over exactly who crossed into whose territory.

British Prime Minister Tony Blair said on Tuesday the next 48 hours could prove critical as both the British and Iranian governments have sought to moderate their positions after several days of heightened tension.

“It’s certainly not an irresolvable dispute,” said Martin Pratt, the director of the International Boundaries Research Unit at Britain’s Durham University.

“The fact that the coastline is constantly shifting means more issues would need to be taken into consideration than if the coastlines were more stable and there was agreement on exactly where the baselines along the coast were.”

Both the Iranian and British governments appear to have softened their stances in the past 24 hours, with each highlighting their desire to reach a negotiated solution.

Pratt said that suggested both realized they couldn’t afford to be too insistent about an issue that comes down to who says where exactly an incident occurred on a disputed boundary.

“You can’t be dogmatic about a maritime boundary that hasn’t been properly agreed,” he said.

Maritime lawyers said they expected British and Iranian officials to be able to sort out the wording of any agreement themselves, without turning to an outside arbiter such as the United Nations, which has handled maritime disputes in the past.

On Monday, Ali Larijani, the secretary of Iran’s Supreme National Security Council, called for a “delegation” to determine whether the British sailors were in Iran or not, but didn’t define what sort of delegation.

“I think there’s plenty of scope in the uncertainty of the situation to be able to craft some kind of solution,” said Richard Harvey, the head of admiralty and casualty practice at law firm Reed, Smith, Richards, Butler.

“It strikes me that a) there is a lot of scope for disagreement and therefore b) quite a lot of scope for agreement.”

Ends

I know from my FCO moles that we are now adopting this line in the diplomacy. As long as they can stop Blair saying anything else stupid for a couple of days, I do think we can hope to see the captives home before too long.

It is amazing that it is only four days since I was denounced quite widely as a “Traitor” and “Scum” (and several still worse things – see the Harry’s Place blog. Or don’t – its nauseating) for saying what now everyone is coming to accept as the truth. There is no clear boundary in these waters. We were stupid to pretend, for propaganda and spin, that there is.

View with comments

Back to Normal

It has been a very hectic few days, but they have been productive. I seem to have helped convince the mainstream media of the obvious truth that the maritime boundaries in this part of the Gulf are disputed and fuzzy, and that the real situation is much less clear than the British map. The BBC has at last started routinely to refer to the boundary as disputed and unclear. The support from the Mail on Sunday and Daily Mail helped enormously to turn the tide, as did the serious piece in the New York Times.

Last night I did Newsnight, BBC News 24 and a pre-record for this morning’s Breakfast TV. In all cases the BBC introduction stated that the border was disputed and complex as reported fact before I started, which made it much easier.

This morning Richard Dalton, former British Ambassador to Iran, said clearly on BBC Breakfast TV that nobody could be certain whose waters they were in, that the boundary is not agreed and negotiating such boundaries is very complex. That is the first open confirmation of this from an “Establishment” figure since the Blair spin about being “utterly certain” we were in Iraqi waters.

Furthermore, both the FCO and MOD appear to have cottoned on that accepting this as all a muddle is the wiggle room for diplomacy to get us out of this dispute with neither side losing too much face, and the way to get our people back quickly.

There is always something of a price to pay for standing up to the government. I am Rector of the University of Dundee. The local newspaper, the Courier and Advertiser, yesterday published an article giving a highly tendentious account of my views, making me out to support the Iranian detention of the sailors. I wrote a letter to the Editor for publication to correct this, in mild terms, and telephoned yesterday afternoon to check they had received it. They did not publish my letter, but today published an article saying that students were calling for my resignation over my views on Iran. They still have made no effort to talk to me or get my view.

This is the letter I sent to the Courier.

Sir,

I feel your report today (2 April) was remiss in not noting that I am calling for Iran to hand the captives back immediately, and have made that call consistently since the incident started. You seem to wish to portray me as supporting Iran in this affair, which is completely unfair. I want both sides to see sense and solve this peacefully and very quickly.

There is no agreed Iran/Iraq boundary in the Gulf south of the Shatt al Arab river. That is not a “claim” by me, it is an undeniable fact. Maritime boundaries are established by treaty, and there has never been one. Doubtless the Law department of the University, which had always been very good on international maritime law, can confirm that for you.

The incident took place in disputed waters. That is all we can say. It is also all we were saying. Commodore Tim Lambert on HMS Cornwall stated just after the incident: “There is absolutely no doubt in my mind that we were in Iraqi territorital waters. Equally the Iranians may well claim that they were in their territorial waters. The extent and definition of territorial waters in this part of the world is very complicated.”

Commodore Lambert summed the real situation up perfectly. But then the Number 10 spin doctors got to work and Tony Blair made the fatuous claim that he was “Utterly certain” that the incident was in Iraqi territorial waters. The MOD backed this up by producing a map showing a boundary in bright red lines. That boundary does not exist – it was drawn up by the MOD.

By publishing a map purporting to set the boundary in the Gulf, we closed the door on the obvious way to resolve this dispute and turned an incident into a crisis. The government’s desire to make hay out of jingoistic propaganda exceeded its desire to find a solution which would see our personnel returned.

The Iranians have legitimate claims in these seas – as do the Iraqis. it is not for us to decide the boundary between them. For the Iranians to make a practical demonstration of their claim against a foreign power boarding vessels in what they claim as “their” waters is arguably justifiable. But given the waters are disputed, they should behave with much greater circumspection, and to hold captives is bellicose and unjustified.

Both governments have painted themselves into corners. Both have to back down. The way to do that is to admit what everybody knew until they forgot it last week, that these waters are disputed and nobody knows for sure where the boundary is. We make plain that we had no intention of straying into Iranian territorial waters. The Iranians let our people go.

This should not be difficult to solve if the governments involved act reasonably. Both countries have leaderships which are deeply unpopular at home. The danger in those circumstances is that politicians welcome a chance to bang the drum of jingoism to win votes at homee, and are disinclined to compromise. I see elements of that here, and fear for our captives.

One element of this political trick is to pretend there are only two positions, and that anyone who queries is a “traitor” and on the side of the “enemy”. I am on the side of humanity.

Craig Murray

On the brighter side, I always find Jeremy Paxman instinctively likeable when I meet him. I realise that is not a universal view. Just before we went on air, he said that since I last met him he had read, and greatly enjoyed, Murder in Samarkand. I always feel a real thrill when anyone says they read it. I can’t quite explain why – it feels like they must really know me, so we have got through at least one side of several year’s worth of making friends before we start.

I confess to being a bit disappointed by sales of the book. It has sold some 8,000 in hardback, while the paperback has only been out for six weeks so it is a bit early to tell. I had unrealistic dreams of selling huge quantities – everyone tells me that 8,000 hardbacks for non-fiction is really good. But it certainly isn’t enought to live on – I get around 8% of the cover price, minus the costs of the map, index, some legal costs etc. Work it out.

What I find hard to reconcile is the astonishingly positive reaction from those who have read it, with the fairly low sales. I say astonishingly postive because so far 317 complete strangers (yes, I know, I am very nerdish to keep count) who have read Murder in Samarkand have emailed me to say what a huge impact it had on them. There seem two main themes – people did not realise how dark and despicable the heart of our government really is, and people relate to the open account of my own faults and eventual disintegration. Especially the letters indicate anyone who has ever suffered injustice from government or an unfair employer, seems to find those emotional wounds reopened.

But the book does not tell you how to contact me. I don’t think it would ever occur to me to contact the author of a book I had read. Yet 317 people who, with a very few exceptions, appear perfectly sane, have read Murder in Samarkand and then gone to the length of looking up my website, finding my contact details, and then writing to give me their reactions to my book.

The other thing that seems very positive is the number of very famous people who have now read it. I can only name those I happen to know have done so – until last night, for example, I had no idea Jeremy Paxman had. This is a bit of unashamed name-dropping, but among those I know have read Murder in Samarkand are: Noam Chomsky, Harold Pinter, David Owen, Brad Pitt, Tony Benn, David Frost, Jeremy Paxman, Bianca Jagger, David Hare and Steve Coogan.

So I am left wondering why it is not selling better. I think that part of the problem is marketing. If you go into Waterstones or Borders, you will probably find a copy, but you will have to go up or down to the politics department and poke around the bottom shelves until you find a single copy, spine-on. To sell well nowadays, a book has to be on tables in a “3 for 2” promotion or similar. For that your publisher has to do a deal with the bookstore – one of the disastrous results of independent booksellers being replaced by big chains. My publisher, Mainstream, uses Random House for its distribution and marketing. When asked why they didn’t make more effort to promote the book, Random House replied (I paraphrase, but not much) “Because nobody’s ever heard of Craig Murray”.

All of which is very frustrating. But the book is out there, and spreading solely by word of mouth. The emails keep coming in, and keep my spirits up hugely.

I am now finishing off a short book called “Influence not Power – Foreign Policy for an Independent Scotland”, to be published by Polygon/Birlinn of Edinburgh.

View with comments

Possible problems with Position of Indian Ship?

Let me start by saying that I am not querying the coordinates (29 degrees 50.36 minutes North 048 degrees 43.08 minutes East) for the Indian merchant vessel given by the UK MOD. In the British version the incident took place at that vessel. They said that the Indian vessel was anchored at these coordinates for two days.

By contrast the Iranian government has given four different coordinates, allegedly referring not to a single incident but to the course of the Royal Naval vessels.

My point has been all along that the precise coordinates are a red herring, because the maritime boundary has never been agreed. There is therefore no clear “line” you can be one side or the other of.

But I have been contacted now by three independent people – two claiming experience as mariners – to make the following point. To the best of my ability I have checked it out, but I am not a qualified navigator. I am not claiming that the following is correct – it is put forward as a problem, not a solution. I am appealing for assistance from those technically equipped to throw any light on this problem.

The MOD claimed that the Indian merchant vessel was anchored “in the channel”. But these coordinates are over a nautical mile further West (ie towards Iraq) than the channel. That bit I am quite certain of.

The mystery is this. On British nautical maps, 29 degrees 50.36 minutes North 048 degrees 43.08 minutes East is 100 yards above the low water line. That is to say it dries out at low tide. The vessel pictured by the MOD is a substantial merchant vessel. No captain of such a vessel would knowingly take his vessel to such a position, let alone anchor it there for two days.

In fact legally those coordinates are on land.

As always, it is a bit more complex than that. British charts use the Lowest Astronomical Tide – that is the furthest the tide normally goes out in a year. So on British charts the vessel is 100 yards above the low water mark when the tide is at its lowest. US charts, which show a more normal low tide, show it as being just below the low water line. But that still puts it in very shallow water indeed.

Consider this. There is very little tide in the Gulf. The highest tidal range there is a vertical fall of only nine feet, and that is closer to the Arabian sea. Perhaps someone can find the draught of the Indian vessel when it left port (Lloyds List should have this). But it was laden with cars. I cannot conceive of it having a draught of less than twelve feet, possibly a good lot more.

In short, unless I am missing something very important, it looks like it would be very hard to get that Indian vessel to those coordinates at high tide, and it would certainly ground at low tide, pretty well at any time of year.

Before we leap to any conclusions, I can see at least three other possible explanations:

The mud and sands have shifted substantially since the charts were made, or it has been radically dredged

Sea levels in the Gulf at the time in question were, for some reason, unusually high; perhaps with some very local effect from very high outflow from the rivers

Neither the people who contacted me nor I can read a chart properly

What I am looking for are technical contributions to explain the alleged problem. Until we have clarified that, I would be grateful if the political pundits could hold fire. I am not saying that the coordinates were wrong, or that the ship could not be in that position.

View with comments

German Armed Forces University: British Boundary Map “Fictitious”

Translated from the German:

In today’s printed version of the Sueddeutsche Zeitung, Prof Khan of the University for the Federal Armed Forces in Munich confirms Craig Murrays statement:

“In their presentation, the British have effectively drawn a fictitious line in their attempt to prove where exactly the soldiers were when taken captive instead of showing a clear border. They couldn’t have done the latter in any case as the border between Iran and Iraq around Shatt el-Arab is not clearly identifiable.”

View with comments

First step towards a realistic approach?

Firstly, many thanks to the Mail on Sunday for being the first bit of the mainstream media ready to give a fair hearing to what I have been saying, and to try and understand the situation rather than just belt out propaganda.

At a working level, Whitehall is trying to get reality back into the British position, though this may get stomped on again by the spin doctors. One of my many friends within the FCO has seen minutes between officials discussing “Craig Murray’s points” on the border question and whether admitting the border is unclear could be a path to getting our people back (Freedom of Information request for that minuting, anyone?).

The Observer today gives the first hint that the MOD may be looking to backtrack on its unsustainable border claims:

“But the Ministry of Defence hinted for the first time it may have made mistakes surrounding the incident. An inquiry has been commissioned to explore ‘navigational’ issues around the kidnapping and aspects of maritime law.”

Iran snubs UK olive branch

View with comments

Treatment of Captives

Terry Jones makes the legitimate point that we should look at the mote in our own eye. Nor can we just point at the Americans. Baha Musa was undoubtedly no terrorist; yet this father was also undoubtedly beaten to death by Briitish soldiers when in British detention in Iraq. Nobody was convicted. He was by no means the only one.

Two wrongs do not make a right; nor was that the fault of any of those held captive in Iran. I pray that the Iranians treat them very well indeed – even better let them go immediately.

But the truth is that, thanks to Blair and Bush, we have no right any more to lecture any other country on universal rights and treatment of captives.

No hoods. No electric shocks. No beatings. These Iranians clearly are a very uncivilised bunch

Terry Jones

Saturday March 31, 2007

The Guardian

I share the outrage expressed in the British press over the treatment of our naval personnel accused by Iran of illegally entering their waters. It is a disgrace. We would never dream of treating captives like this – allowing them to smoke cigarettes, for example, even though it has been proven that smoking kills. And as for compelling poor servicewoman Faye Turney to wear a black headscarf, and then allowing the picture to be posted around the world – have the Iranians no concept of civilised behaviour? For God’s sake, what’s wrong with putting a bag over her head? That’s what we do with the Muslims we capture: we put bags over their heads, so it’s hard to breathe. Then it’s perfectly acceptable to take photographs of them and circulate them to the press because the captives can’t be recognised and humiliated in the way these unfortunate British service people are.

It is also unacceptable that these British captives should be made to talk on television and say things that they may regret later. If the Iranians put duct tape over their mouths, like we do to our captives, they wouldn’t be able to talk at all. Of course they’d probably find it even harder to breathe – especially with a bag over their head – but at least they wouldn’t be humiliated.

And what’s all this about allowing the captives to write letters home saying they are all right? It’s time the Iranians fell into line with the rest of the civilised world: they should allow their captives the privacy of solitary confinement. That’s one of the many privileges the US grants to its captives in Guant’namo Bay.

The true mark of a civilised country is that it doesn’t rush into charging people whom it has arbitrarily arrested in places it’s just invaded. The inmates of Guant’namo, for example, have been enjoying all the privacy they want for almost five years, and the first inmate has only just been charged. What a contrast to the disgraceful Iranian rush to parade their captives before the cameras!

What’s more, it is clear that the Iranians are not giving their British prisoners any decent physical exercise. The US military make sure that their Iraqi captives enjoy PT. This takes the form of exciting “stress positions”, which the captives are expected to hold for hours on end so as to improve their stomach and calf muscles. A common exercise is where they are made to stand on the balls of their feet and then squat so that their thighs are parallel to the ground. This creates intense pain and, finally, muscle failure. It’s all good healthy fun and has the bonus that the captives will confess to anything to get out of it.

And this brings me to my final point. It is clear from her TV appearance that servicewoman Turney has been put under pressure. The newspapers have persuaded behavioural psychologists to examine the footage and they all conclude that she is “unhappy and stressed”.

What is so appalling is the underhand way in which the Iranians have got her “unhappy and stressed”. She shows no signs of electrocution or burn marks and there are no signs of beating on her face. This is unacceptable. If captives are to be put under duress, such as by forcing them into compromising sexual positions, or having electric shocks to their genitals, they should be photographed, as they were in Abu Ghraib. The photographs should then be circulated around the civilised world so that everyone can see exactly what has been going on.

As Stephen Glover pointed out in the Daily Mail, perhaps it would not be right to bomb Iran in retaliation for the humiliation of our servicemen, but clearly the Iranian people must be made to suffer – whether by beefing up sanctions, as the Mail suggests, or simply by getting President Bush to hurry up and invade, as he intends to anyway, and bring democracy and western values to the country, as he has in Iraq.

‘ Terry Jones is a film director, actor and Python

www.terry-jones.net

View with comments

New York Times Readers

For the many thousands of New York Times readers currently linking to here, you probably want to scroll down and read the posts towards the bottom of the front page first, then work your way scrolling up.

Don’t miss clicking on the comments, as other people’s contributions are often more interesting than my own.

View with comments

Iraq/Iran Maritime Boundaries

Foreign Policy magazine has a blog which has just published an article calling me a “gadfly” and saying I am “missing the point”. The point being a highly contentious statement by former Bahraini government legal adviser Kaiyan Kaikobad that the maritime boundary drawn by the UK MOD has become part of international law by usage.

Actually, I hadn’t missed this point at all. Kaikobad’s view is quoted in the LA Times, and I spent rather a lot of time explaining to the journalist writing the artcle what was wrong with his argument. Whether the LA Times carried any of my points I do not know.

The Foreign Policy blog article follows, with the rejoinder I have sent them:

Obviously, the seizure of 15 British marines and sailors and the Iranians’ use of them as pawns in a propaganda game is a deadly serious business. Yet there’s also plenty of farce amid the danger:

The Iranians also blundered in diplomatic talks by giving the British their own compass reference for the place where they said the 14 men and one woman had been seized. When Britain plotted these on a map and pointed out that the spot was in Iraq’s maritime area, the Iranians came up with a new set of coordinates, putting the seizure in their own waters.

Whoops. Turns out, though, that the border issue isn’t as black and white as either side claims. King’s College of London’s Richard Schofield, an expert on the Iran-Iraq border, explained in a telephone interview that although “basically, there is a boundary” nowadays along the Shatt al-Arab, that’s not the case further out in the Persian Gulf where the British sailors and marines were taken prisoner. Below is the map presented by the UK Ministry of Defense (MoD):

That’s what lends the claims of gadfly Craig Murray, former British ambassador to Uzbekistan, a whiff of plausibility. Murray, who also headed the Maritime Section of the Foreign and Commonwealth Office from 1989 to 1992, writes on his website that “there is no agreed maritime boundary between Iraq and Iran in the Persian Gulf,” a milder version of his earlier argument that the boundary used by the MoD “is a fake with no legal force.”

Murray is missing the point. True, as Schofield says, “the boundary that [the MoD] showed further south was a little disingenuous, because it doesn’t have the same legal force or weighting, by any means, as the Iran-Iraq boundary.” Explains Schofield, “It’s more just a provisional indication of what Iraq’s territorial water claims might be.” But what’s good for the goose is good for the gander; if there’s no clear border, then Iran doesn’t have a case, either. And as Kaiyan Kaikobad, an associate professor of international law at Durham University, observes in the LA Times, “If you can show that over a reasonably long period of time, that this was the line that both countries actually agreed on, there’s lots of rules in international law that allow that line to become not only a de facto line, but a de jure line.” So the MoD could be right after all.

Rather than seizing the opportunity to chalk the whole thing up to a misunderstanding about maritime law, though, the Iranians keep digging themselves into a deeper diplomatic hole, and the British are happy to hand them the shovel. It’s clear from the Iranian actions that this isn’t really about territorial waters, in any case. After all, the Iranians could have politely notified the British Navy that their boat was in the wrong spot, and the two sides could have worked it out like gentlemen. Instead, we get an absurd hostage situation and a diplomatic crisis. So what’s it about? http://blog.foreignpolicy.com/node/4230

I have replied:

I am rather unable to understand why you should be so gratuitously rude about me in your blog, first calling me a “gadfly”, then saying that I am “missing the point”.

Firstly, I am not missing the point at all – that neither Britan, Iraq nor Iran has a plain case is precisely my point. You give the impression that I support Iranian claims and actions, which I most certainly do not.

Secondly, I am unsure why you should choose to take the view that Kaiiyan Kaikobad’s view is more valid than the practically identical views of Richard Schofield and I

There are major problems with Kaikobad’s view that state practice can result in a de jure as well as a de facto line.

Firstly, there are no judgements that enshrine that view in the area of maritime boundaries since the UN Convention on the Law of the Sea entered into force.

Secondly UNCLOS provides that, in the absence of an agreed boundary, neither side should attempt to enforce territorial water claims beyond a median line. It is very plain that this is for the purpose of conflict avoidance, and does not prejudice either state’s rights in the eventual resolution of the boundary dispute.

So Kaikobad’s view that working accommodation does bring de jure permanent solution is incompatible with UNCLOS, which is becoming generally accepted as enshrining customary international law in this area.

Thirdly, the wisdom of UNCLOS in this regard is demonstrated if you consider the ramifications of Kaikobad’s view. If going along with a working arrangement would lead to its acceptance as de jure, then the only way a state could maintain a quite legitimate claim would be by the exercise of force to show it did not go along. Kaikobad’s view is a recipe for conflict. If you think about it logically, if Kaikobad’s view were true, then the Iranians would have to initiate some sort of military action or lose their claim. Is that desirable?

Kaikobad is an interesting man of strong views, but not an entirely definitive authority.

Look, it is a free country and you are perfectly entitled to publish about me what you like. But to disagree with a point is not to miss it, and I hope this convinces you that was an unfair characterisation.

View with comments

Both Sides Must Stop This Mad Confrontation, Now

There is no agreed maritime boundary between Iraq and Iran in the Persian Gulf. Until the current mad propaganda exercise of the last week, nobody would have found that in the least a controversial statement.

Let me quote, for example, from that well known far left source Stars and Stripes magazine, October 24 2006.

‘Bumping into the Iranians can’t be helped in the northern Persian Gulf, where the lines between Iraqi and Iranian territorial water are blurred, officials said.

“No maritime border has been agreed upon by the two countries,” Lockwood said.’

That is Royal Australian Navy Commodore Peter Lockwood. He is the Commander of the Combined Task Force in the Northern Persian Gulf.

I might even know something about it myself, having been Head of the Maritime Section of the Foreign and Commonwealth Office from 1989 to 1992, and having been personally responsible in the Embargo Surveillance Centre for getting individual real time clearance for the Royal Navy to board specific vessels in these waters.

As I feared, Blair adopted the stupid and confrontational approach of publishing maps ignoring the boundary dispute, thus claiming a very blurred situation is crystal clear and the Iranians totally in the wrong. This has in turn notched the Iranians up another twist in their own spiral of intransigence and stupidity.

Both the British and the Iranian governments are milking this for maximum propaganda value and playing to their respective galleries. Neither has any real care at all for either the British captives or the thousands who could die in Iran and Basra if this gets out of hand.

Tony Blair’s contempt for Middle Eastern lives has already been adequately demonstrated in Iraq and Lebanon. His lack of genuine concern for British servicemen demonstrated by his steadfast refusal to meet even one parent of a dead British serviceman or woman, killed in the wars he created. He is confronting an Iranian leadership with an equal lust for glory and lack of human concern.

It is essential now for both sides to back down. No solution is possible if either side continues to insist that the other is completely in the wrong and they are completely in the right. And the first step towards finding a peaceful way out, is to acknowledge the self-evident truth that maritime boundaries are disputed and problematic in this area.

Both sides can therefore accept that the other acted in good faith with regard to their view of where the boundary was. They can also accept that boats move about and all the coordinates given by either party were also in good faith. The captives should be immediately released and, to international acclamation, Iran and Iraq, which now are good neighbours, should appoint a joint panel of judges to arbitrate a maritime boundary and settle this boundary dispute.

That is the way out. For the British to insist on their little red border line, or the Iranians on their GPS coordinates, plainly indicates a greater desire to score propaganda points in the run up to a war in which a lot of people will die, than to resolve the dispute and free the captives. The international community needs to put heavy pressure on both Britain and Iran to stop this mad confrontation.

The British people must break out of the jingoism created by their laudable concern for their servicemen and woman, and realise that this is just a small part of the madness of our policy of continual war in the Middle East. That is what we have to stop.

View with comments

Fake Maritime Boundaries

The British Government has published a map showing the coordinates of the incident, well within an Iran/Iraq maritime border. The mainstream media and even the blogosphere has bought this hook, line and sinker.

But there are two colossal problems.

A) The Iran/Iraq maritime boundary shown on the British government map does not exist. It has been drawn up by the British Government. Only Iraq and Iran can agree their bilateral boundary, and they never have done this in the Gulf, only inside the Shatt because there it is the land border too. This published boundary is a fake with no legal force.

B) Accepting the British coordinates for the position of both HMS Cornwall and the incident, both were closer to Iranian land than Iraqi land. Go on, print out the map and measure it. Which underlines the point that the British produced border is not a reliable one.

None of which changes the fact that the Iranians, having made their point, should have handed back the captives immediately. I pray they do so before this thing spirals out of control. But by producing a fake map of the Iran/Iraq boundary, notably unfavourable to Iran, we can only harden the Iranian position.

View with comments

Captured Marines (Again)

My two earlier posts have caused quite a stir, so here are some further observations.

Sadly, but perhaps predictably, both the British and Iranian governments are now acting like idiots.

Tony Blair has let it be known that he is “utterly confident” that the British personnel were in Iraqi waters. He has of course never been known for his expertise in the Law of the Sea. But let us contrast this political certainty with the actual knowledge of the Royal Navy Commander of the operation on which the captives were taken.

Before the spin doctors could get to him, Commodore Lambert said:

“There is absolutely no doubt in my mind that they were in Iraqi territorial waters. Equally, the Iranians may well claim that they were in their territorial waters. The extent and definition of territorial waters in this part of the world is very complicated”.

That is precisely right. The boundary between Iran and Iraq in the northern Persian Gulf has never been fixed. (Within the Shatt-al-Arab itself a line was fixed, but was to be updated every ten years because the waterway shifts, according to the treaty. As it has not been updated in over twenty years, whether it is still valid is a moot point. But it appears this incident occurred well south of the Shatt anyway.) This is a perfectly legitimate dispute. The existence of this dispute will clearly be indicated on HMS Cornwall’s charts, which are in front of Commodore Lambert, but not of Mr Blair.

Until a boundary is agreed, you could only be certain that the personnel were in Iraqi territorial waters if they were within twelve miles of the coast and, at the same time, more than twelve miles from any island, spit, bar or sandbank claimed by Iran (or Kuwait).

That is very hard to judge as the British government refuse to give out the coordinates where the men were captured. If they really are utterly certain, I find that incomprehensible. Everyone knows the Gulf is teeming with British vessels and personnel, so the position of units a few days ago can hardly be valuable intelligence.

Until a boundary is set, it is not easy to posit where it should be. It has to be done by negotiation or arbitration. I have participated in these negotiations, for example on the boundary between the Channel Islands and France.

With a dead straight coastline with no islands, and a dead straight border between two countries hitting the coast at a right angle, you could have a straight maritime border between the two running out from the coast at a right angle. This never happens.

In practice, you agree a series of triangulation points on both coastlines and do a geometric triangulation exercise to find a line running out from the coast. Coasts of course can be very odd shapes. Draw an imaginary coast and border on a bit of paper and try it yourself. You will soon see why the rules permit you to take into account the general trend of the coastline, and even the angle of the land border. Those are not problems of geometry but old fashioned horse trading.

First, of course, both sides will argue about which triangulation points on the coast to accept. You are allowed, for example, to draw a line across a bay entrance and use that as the coast, but there is plenty of room for the other side to argue over where that line is drawn.

That is only the start. For territorial seas (but not the 200 mile exclusive economic zone) uninhabited rocks and sandbanks count. Again huge room for argument here – the ownership of a useless sandbank is not necessarily a settled thing. Sticking your triangulation point on a sandbank twelve miles out can make a huge difference.

Then it really gets complex. What if the sandbank only appears at low tide? What if it is dry all day, but only at certain times of the year? What if it is prone to move about a bit?

You haggle like mad over this. “You can’t have that sandbank unless we have this one plus this spit.” You also then get into weighting. “That bit of land is only around half the time, so we’ll give it one third weighting” – in other words we will allow 33.3% more sea than you would get if it didn’t exist and we just used a point on the coast.

Massive volumes have been written on the prinicples behind these negotiations, but they tend to ignore the fact that ultimately it has to come down to political negotiating skills between a vast range of justifiable possible agreements. That is why we just can’t know where the boundary is between Iran and Iraq in this area, which has enough sandbanks to keep me happy thinking about it for centuries. If either side needs a negotiator…

Anyway, the UK was plainly wrong to be ultra provocative in disputed waters. They would be allowed to enter Iranian territorial seas in hot pursuit of terrorists, pirates or slavers, but not to carry out other military operations.

The Iranians had a right to detain the men if they were in seas legitimately claimed as territorial by Iran. Indeed, it is arguable that if a government makes a claim of sovereignty it rather has to enforce it, possession being nine parts of international law. But now the Iranian government is being very foolish, and itself acting illegally, by not releasing the men having made its point.

The story leaked by Russian intelligence claiming knowledge of US plans to attack Iran on 6 April has had great publicity in Iran, if very little here. Personally I doubt it is true. But it seems to me a definite risk that the Iranians will decide to keep the marines against that contingency.

That would be very unfortunate. The Iranian government, by continuing to hold the British personnel, are foolishly providing new impetus to Bush and Blair, whose attempts to bang the war drum against Iran have so far met profound public scepticism. We don’t need any more oil wars.

If Blair actually sought the release of our people, rather than anti-Iranian propaganda, he would stop making stupid macho noises and give an assurance that we intend to resolve not only this problem but all disagreements with Iran by peaceful means, and give specific reassurance that no attack is imminent.

But if the Iranian government wait for Blair to behave well, the marines will rot for ever. They should let the men (and woman) go now, with lots of signs of friendship, thus further wrongfooting Bush and Blair.

View with comments