The UK government’s top legal adviser has raised questions over whether Israel’s actions in Iran are lawful, according to a source familiar with discussions inside the government.
The source suggested to Sky News that Attorney General Richard Hermer’s thinking, which has not been published, complicates the UK’s potential involvement in the Iran-Israel conflict.
If the attorney general deems Israel’s actions in Iran to be unlawful then the UK is restricted in its ability to help to defend Israel or support the United States in any planned attacks on Iran.
Speaking on condition of anonymity, the source said that the attorney general’s concerns limit UK involvement in the conflict “unless our personnel are targeted”.
US President Donald Trump is currently weighing up his options for Iran and has repeatedly suggested the US could get involved militarily.
Image: Members of the Israeli special forces check the remains of a suspected ballistic missile in northern Israel.
Pic: Reuters
This would likely involve the use of US B-2 bombers to drop bunker-busting bombs to destroy Iran’s nuclear facility built deep into the side of a mountain at Fordow.
These B-2 bombers could be flown from the UK base at Diego Garcia in the Indian Ocean, strategically close to Iran.
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The US could also choose to fly them the far greater distance from the US mainland.
Under a long-standing convention, the UK grants permission to the US for the base to be used for military operations.
The US military could also request the use of the UK military base in Cyprus, for refuelling planes.
Any refusal by the British could complicate US military action and, diplomatically, put pressure on the trans-Atlantic relationship.
Israel’s justification
Israel has justified its war by claiming that Iran poses an “imminent” and “existential” threat to Israel.
Prime Minister Benjamin Netanyahu has cited his country’s own undisclosed intelligence claiming Iran was on the brink of obtaining a nuclear weapon.
The Israeli government also claimed, without publishing evidence, that Iran was planning an imminent attack on Israel.
They also cited the recent International Atomic Energy Agency (IAEA) report which concluded that Iran had been “less than satisfactory” in “a number of respects” on its international compliance over its nuclear activities.
It is not clear what aspect of Israel’s justification for military action the attorney general has concerns over.
The Attorney General’s Office has told Sky News: “By long-standing convention, reflected in the ministerial code, whether the law officers have been asked to provide legal advice and the content of any advice is not routinely disclosed.
“The convention provides the fullest guarantee that government business will be conducted at all times in light of thorough and candid legal advice.”
The UK armed forces have previously rallied to help defend Israel from Iranian missile and drone strikes when the two sides engaged in direct confrontation last year.
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Michael Clarke and Dominic Waghorn answer your questions about the Israel-Iran conflict
In April 2024, RAF typhoon jets shot down drones fired from Iran.
The UK military was also involved in efforts to defend Israel from a ballistic missile attack in October 2024.
But the UK has not been involved in the current conflict, which began when Israel targeted Iranian nuclear facilities and scientists as well as more definitive military targets such as missile launchers and commanders.
The UN’s nuclear watchdog has previously raised concerns about any attack against nuclear facilities because of the inherent danger but also the legality.
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A number of resolutions passed by the IAEA’s general conference has said “any armed attack on and threat against nuclear facilities devoted to peaceful purposes constitutes a violation of the principles of the United Nations Charter, international law and the Statute of the Agency”.
Israel believes that Iran’s nuclear programme has a military use, which makes it a legitimate target.
It believes the regime is aimed to enrich uranium to develop nuclear weapons.
Tehran, however, has always insisted its nuclear programme is for civilian use.
Image: The site of an Iranian missile attack on Israel. Pic: Reuters
The International Commission of Jurists (ICJ) has also condemned Israel’s use of armed force against Iran as a violation of the United Nations (UN) Charter and international law.
Interpretations of International Law
Different countries adopt varying interpretations on the use of force in response to future attacks.
The first legal position is that nations can act preventatively to deflect threats.
The second is that they can act to deflect future armed attacks that are imminent.
The third is that states can only act to deflect attacks that have occurred.
Image: An oil storage facility after it appeared to have been struck by an Israeli missile in Tehran. Pic: AP
That third position is generally considered to be too restrictive and the first as too broad.
The grey area lies with the second position, and it rests with the definition of “imminent”.
The concepts of “proportionality”, “necessity” and “imminence” are key considerations.
International law scholars have told Sky News that Israel may pass the “proportionality” test in its actions against Iran because its targets appear to have been military and nuclear.
But whether there was the “necessity” to attack Iran at this point is more questionable.
The attorney general would likely be considering the key legal test of the ‘imminence’ of the Iranian threat against Israel – and whether it is reasonable to conclude that an attack from Iran was “imminent” – as he weighs the legal advice issued to UK Prime Minister Sir Keir Starmer.
There is always nuance with legal advice, judgements rest on a variety of factors and advice can evolve.
In the run up to the 2003 Gulf War, the US and UK justified their action by arguing that Saddam Hussein possessed Weapons of Mass Destruction – a claim that turned out to be wrong.
The then-attorney general’s advice, which evolved, was central to Tony Blair’s decision to join President Bush in attacking Iraq.
Eighteen other people were injured, including children aged between six and 15 and three adults in their 80s.
Police said Robin Westman, a male born as Robert Westman, opened fire with a rifle through the windows of the school’s church as children sat in pews.
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17:49
New details released of US school shooting
‘Our hearts are broken’
Harper’s parents, Michael Moyski and Jackie Flavin, remembered her as “a bright, joyful, and deeply loved 10-year-old whose laughter, kindness, and spirit touched everyone who knew her”.
“Our hearts are broken not only as parents, but also for Harper’s sister, who adored her big sister and is grieving an unimaginable loss. As a family, we are shattered, and words cannot capture the depth of our pain,” their statement said.
They urged leaders and communities to “take meaningful steps to address gun violence and the mental health crisis in this country.”
“Change is possible, and it is necessary – so that Harper’s story does not become yet another in a long line of tragedies,” the statement added.
Image: The family of Fletcher Merkel said there was a ‘hole in our hearts’. Pic: Family handout/AP
‘Fletcher loved his family’
In a statement reported by Sky’s US partner network NBC News, Fletcher’s father Jesse Merkel blamed the “coward” killer for why the boy’s family can’t “hold him, talk to him, play with him, and watch him grow into the wonderful young man he was on the path to becoming”.
He said: “Fletcher loved his family, friends, fishing, cooking, and any sports that he was allowed to play.
“While the hole in our hearts and lives will never be filled, I hope that in time, our family can find healing.”
Mr Merkel also praised “the swift and heroic actions of children and adults alike from inside the church”.
“Without these people and their selfless actions, this could have been a tragedy of many magnitudes more. For these people, I am thankful,” he added.
Image: Families and loved ones reunite at the scene after the shooting. Pic: Reuters
Mayor calls for assault weapon ban
It comes after Minneapolis mayor Jacob Frey called for a statewide and federal ban on assault weapons, a day after the deadly school shooting.
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Minneapolis mayor urges assault weapons ban
“Thoughts and prayers are not going to cut it. It’s on all of us to see this through,” the mayor said at a news conference. “We need a statewide and a federal ban on assault weapons.
“We need a statewide and a federal ban on high-capacity magazines. There is no reason that someone should be able to reel off 30 shots before they even have to reload.
“We’re not talking about your father’s hunting rifle gear. We’re talking about guns that are built to pierce armour and kill people.”
“It is very clear that this shooter had the intention to terrorise those innocent children,” he added, before saying the killer “fantasised” about the plans of other mass shooting attackers and wanted to “obtain notoriety”.
Thomas Klemond, interim CEO of Minneapolis’s main trauma hospital Hennepin Healthcare, said at an earlier news conference that the hospital was treating nine patients injured in the shooting.
One child at the hospital was in a critical condition, he added.
Children’s Minnesota Hospital also said that three children remain in its care as of Thursday morning.
Police have released new details about the killer in the US Catholic school shooting – including that they “idolised” mass murderers and they wanted to “watch children suffer”.
Two children, aged eight and 10, were killed during mass at Annunciation Catholic School in Minneapolis on Wednesday.
Eighteen other people were injured, including children aged between six and 15 and three adults in their 80s.
Police said Robin Westman, a male born as Robert Westman, opened fire with a rifle through the windows of the school’s church as children sat in pews.
Image: Robin Westman
Almost 120 rifle rounds fired, police chief says
In a news conference on Thursday, Minneapolis Police Chief Brian O’Hara said the attacker fired 116 rifle rounds into the church.
“It is very clear that this shooter had the intention to terrorise those innocent children,” he added.
The police chief said the killer “fantasised” about the plans of other mass shooting attackers and wanted to “obtain notoriety”.
When asked about the attacker obtaining the firearms used legally, Mr O’Hara said that they did not have a criminal history or any diagnosed mental health disorders.
While they had potentially concerning social media posts, the police chief added that there was no evidence to suggest that Westman was legally barred from purchasing a firearm.
Image: People mourn outside the Annunciation Catholic School in Minneapolis. Pic: Reuters
Suspect ‘wanted to watch children suffer’
Joe Thompson, acting US attorney for Minnesota, also said evidence recovered of the killer’s plans showed “pure indiscriminate hate” and that they “idolised some of the most notorious school shooters and mass murderers in our country’s history”.
“I won’t dignify the shooter’s words by repeating them,” Mr Thompson added. “They are horrific and vile, but in short, the shooter wanted to watch children suffer.”
Earlier, the mayor of Minneapolis called for a statewide and federal ban on assault weapons after the deadly attack, saying “thoughts and prayers are not going to cut it”.
“There is no reason that someone should be able to reel off 30 shots before they even have to reload,” Jacob Frey said.
“We’re not talking about your father’s hunting rifle gear. We’re talking about guns that are built to pierce armour and kill people.”
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6:34
Minneapolis mayor urges assault weapons ban
Thomas Klemond, interim CEO of Minneapolis’s main trauma hospital Hennepin Healthcare, said at a news conference that the hospital was treating nine patients injured in the shooting.
One child at the hospital was in a critical condition, he added.
Children’s Minnesota Hospital also said that three children remain in its care as of Thursday morning.
In a post on Facebook, the hospital said “there are no words to describe the overwhelming pain many are feeling”, adding: “We feel that pain with you.
“To the entire Annunciation community, you have our deepest condolences. During this time of unimaginable grief and loss, we want you to know that we at Children’s Minnesota are with you.
“We will always be here to care for you. And in this moment, we hurt alongside you.”
The Russian president thinks he’s winning this war, and it’s hard to escape the conclusion that he’s using diplomacy to play for time while he carries on beating down the Ukrainians will to win.
And at the moment, no one is stopping him
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At least 14 killed in Kyiv attack
Ukraineis hitting back, particularly at Russia‘s oil installations, more of them going up in thick black smoke, after being hit by long-range Ukrainian drones.
It is taking a heavy toll on Putin’s ‘Achilles heel’, but on its own, analysts don’t expect it will be enough to persuade him to end this war.
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2:00
British Council building hit in Kyiv
The West can wring its hands in condemnation.
But it’s divided between Europe that wants a ceasefire and much more severe sanctions, and President Trump, who, it seems, does not – strangely always willing to sympathise with the Russians more than Ukraine.
He’s back to blaming Ukraine for starting the war, saying earlier in the week that Kyiv should not have got into a war it had no chance of winning.
It is a grotesque perversion of history. Ukraine, of course, had no choice but to fight to defend itself when it was invaded in an act of unprovoked aggression.
Every time the US president has condemned Russia for these kinds of attacks, he has never followed through and done nothing to punish them.
Image: Rescue workers carry an injured woman after a Russian strike on Kyiv, Ukraine. Pic: AP
More worryingly for the Ukrainians, the Russians are getting the upper hand in the drones war, taking Iranian technology and souping it up into faster-moving drones that the Ukrainians are having increasing difficulty bringing down.
They expect as many as a thousand drones a night coming their way by the winter, and many, many more innocents to die.
A war that began as one man’s mad idea has, in three and a half years, metastasised into a titanic struggle between east and west, fought increasingly with machines in a dystopian evolution of war.
If President Trump is not prepared to use his power to bring this war to an end, what will another three and a half years of his presidency bring?