Attorney General’s secret legal advice throws Starmer into crisis as Pentagon prepares bunker-busting assault from Diego Garcia with B-2 ‘doomsday’ aircraft
Britain’s most senior legal officer has thrown Sir Keir Starmer’s government into crisis by warning that UK involvement in potential US military strikes on Iran could be illegal – even as American B-2 stealth bombers mass on a British base ready to unleash devastating bunker-busting attacks.
Attorney General Lord Richard Hermer KC has raised serious questions about the legality of Israel’s actions in Iran, according to explosive revelations from inside Downing Street that threaten to derail the special relationship at its most critical moment.
The bombshell legal advice – which remains unpublished but has been seen by senior government sources – could severely restrict Britain’s ability to support its closest ally just as President Donald Trump weighs launching massive airstrikes to destroy Iran’s nuclear facilities.
TRUMP’S TWO-MONTH ULTIMATUM
The crisis comes as Trump has given Iran a stark two-month deadline to reach a nuclear deal, warning of bombing “the likes of which they have never seen before” if Tehran refuses to comply.
In an ominous sign of impending military action, satellite images reveal at least six US B-2 Spirit bombers – nearly a third of America’s entire stealth bomber fleet – have been deployed to the joint UK-US base at Diego Garcia in the Indian Ocean.
These nuclear-capable aircraft are the only planes in the US arsenal capable of carrying the massive 30,000-pound Massive Ordnance Penetrator “bunker-buster” bombs needed to destroy Iran’s heavily fortified underground nuclear facility at Fordow, buried deep inside a mountain.
‘UNLESS OUR PERSONNEL ARE TARGETED’
A government source familiar with Lord Hermer’s thinking told Sky News the Attorney General’s concerns dramatically limit UK involvement in any conflict “unless our personnel are targeted.
Unless our personnel are targeted, UK involvement is limited,” the source stated, revealing the extraordinary restrictions placed on British military support.
The legal bombshell means Britain could be forced to refuse American requests to use Diego Garcia as a launchpad for strikes, or deny access to the strategically vital UK military base in Cyprus for refuelling operations – potentially crippling US military plans.
IRAN’S CHILLING THREAT TO BRITAIN
In a dramatic escalation, Iran has already threatened to target British forces if the UK assists any American attack, with Tehran warning it possesses missiles and drones capable of reaching Diego Garcia.
If your base served the Americans – you will be attacked,” a senior Iranian military official warned, claiming Iran has “the necessary weapons for such an attack from its own territory, including newer versions of the medium-range Khorramshahr missile and the Shahed-136B kamikaze drone, which has a range of 4,000 kilometers.
A British government spokesperson hit back: “We strongly condemn these threats. The UK government continues to work with partners across the region to encourage de-escalation.
LEGAL WARRIOR’S CONTROVERSIAL PAST
Lord Hermer, 55, appointed by Starmer as Attorney General in July 2024, has a history of criticising Israeli military actions and was among Jewish lawyers who warned Israel about international law violations during its Gaza offensive.
To be clear, collective punishment is prohibited by the laws of war,” Hermer wrote in October 2023, adding that Israel’s siege on electricity, water and food in Gaza was likely in breach of international law.
Critics have blasted his appointment, with UK Lawyers for Israel chief Jonathan Turner KC saying: “Richard Hermer KC provided a seriously inaccurate opinion to the Labour Party on the last government’s Bill to ban BDS by public authorities and refused to correct it even after I pointed out the inaccuracies. I view his appointment with great misgiving.”
ISRAEL’S JUSTIFICATION UNDER SCRUTINY
Israel has justified its military actions by claiming Iran poses an “imminent” and “existential” threat, with Prime Minister Benjamin Netanyahu citing undisclosed intelligence that Tehran is on the brink of obtaining nuclear weapons.
However, international legal experts note that Israel has not presented public evidence of an imminent Iranian attack – an ambiguity that may be central to Lord Hermer’s legal concerns about whether Israel’s actions meet the threshold of “necessity” and “imminence” under international law.
DIEGO GARCIA: THE STRATEGIC FLASHPOINT
The remote Diego Garcia base, 3,800 kilometers from Iran, has become the epicentre of tensions. The tiny atoll in the Indian Ocean has served as a crucial launchpad for US military operations in the Middle East for decades.
The US military confirmed earlier this week that it has been amassing B-2 bombers, stealth aircraft used for precision strikes that can evade air-defence systems, at the joint US-UK military base.
The base puts US bombers within 5,300km of Iran – well within their refuelling range of approximately 11,000km – and could allow attacks while avoiding sensitive Gulf airspace.
ECHOES OF IRAQ
The legal uncertainty has drawn immediate comparisons to the 2003 Iraq War, when Tony Blair’s controversial decision to join the US invasion – widely deemed illegal by international experts – destroyed his legacy.
Comparisons are already being drawn to Tony Blair’s controversial decision to join the US invasion of Iraq in 2003, a war widely deemed illegal by international legal experts and condemned for bypassing the UN Security Council.
One Whitehall source warned: “Starmer doesn’t want to be the next Blair. The Attorney General’s advice puts him in an impossible position.”
CYPRUS BASE COMPLICATIONS
The crisis extends beyond Diego Garcia. The US military could also request use of the UK military base in Cyprus for refuelling operations – another request that could be blocked if Lord Hermer deems involvement illegal.
Any refusal by Britain to grant permission for either base to be used would not only complicate US military planning but could severely damage the trans-Atlantic relationship at a crucial moment.
GOVERNMENT IN TURMOIL
The Attorney General’s intervention has reportedly caused chaos within government, with ministers frustrated at what they see as legal overreach.
The Times quoted ministers who were upset with Hermer’s guidance, with one source saying that Hermer “thinks he makes policy”, and accused Hermer of blocking policies to such an extent that it had caused a “freeze on government.
Despite the growing controversy, Downing Street insisted the Prime Minister retains “absolute confidence” in his Attorney General.
‘DE-ESCALATE RATHER THAN ESCALATE’
A Number 10 spokesperson attempted to calm tensions, saying: “We want to de-escalate rather than escalate.”
Foreign Secretary David Lammy has flown to Washington for urgent talks with his counterpart Marco Rubio, while Defence Secretary John Healey is reviewing contingency plans for potential RAF involvement.
The government has already deployed six additional Typhoon fighter jets to Cyprus, with preparations underway to expand UK capacity in the Gulf – moves that suggest military planning continues despite the legal concerns.
THE ATTORNEY GENERAL’S DILEMMA
By long-standing convention, the Attorney General cannot publicly reveal his legal advice to government. The Attorney General’s Office 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.
But the leak of his concerns has exposed deep divisions within government about how to handle the escalating crisis while maintaining both legal integrity and the special relationship with Washington.
As the clock ticks down on Trump’s two-month ultimatum to Iran, Starmer faces an agonising choice: risk being dragged into what his own Attorney General suggests could be an illegal war, or damage Britain’s most important alliance by refusing to help.
Image credit: Lauren Hurley / No 10 Downing Street via Wikimedia Commons — Licensed under United Kingdom Open Government Licence v3.0
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