Moosavian, R (2020) Power/Knowledge Dynamics in the Attorney General’s Iraq War Advice. Public Law, Spring 2020. pp. 72-97. ISSN 0033-3565
Abstract
This article draws upon the Chilcot Report to undertake a Foucauldian-influenced critique of the processes surrounding the creation of the Attorney General’s (AG) Iraq war advice. It argues that four significant power/knowledge dynamics acted to construct the AG’s clear statement that military action was internationally lawful. First, Blair-era lapses in record-keeping and related ministerial disputes concerning the bureaucratic apparatus of writing acted to limit the available knowledge of Iraq-era events. Second, the Blairite practice of highly selective sharing and management of information within government acted to foster knowledge asymmetries, making challenge or resistance more difficult. Third, belatedly providing the AG with a highly partisan background knowledge ultimately informed his legal interpretation by tailoring the crucial informational context in which he drafted his advice. Fourth, the AG’s credibility and legal expertise were strategically traded upon to enhance the presentation of his legal statement to Cabinet, Parliament and the public. These four practices acted cumulatively to produce a legal knowledge that instigated war and have remained influential in post-Iraq military actions, thus supporting Foucault’s thesis that power and knowledge are reciprocal. Ultimately, this analysis reveals the that the definitive, clear legal ‘green light’ authored by the singular, independent AG was a reifying liberal-constitutional fiction that Number 10 simultaneously undermined and exploited.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This article is protected by copyright. This is an author produced version of a paper published in Public Law Journal. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Attorney General; Constitutional law; Iraq; Jurisprudence; Military intervention; Politics and law |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 19 Mar 2019 15:35 |
Last Modified: | 04 Dec 2020 01:39 |
Status: | Published |
Publisher: | Sweet and Maxwell |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:143826 |