A treaty between Britain and Mauritius concerning the use of Diego Garcia as a military base is at the center of a debate. The treaty states that Britain must inform Mauritius of any armed attack emanating from the base, but the timing of this notification is unclear.
While British officials state that notification would occur after an attack, international lawyer Philippe Sands argues that the treaty could be interpreted as requiring prior notification to Mauritius.
Critics of the Chagos deal express concern over the ambiguity of the treaty's wording. The agreement does not impact potential US action against Iran.
The UK government has declined to comment on whether it would prevent the US from using Diego Garcia for an attack against Iran.
US President Trump has indicated he might consider a direct attack on Iran, but a final decision is pending.
The text of the treaty says that Britain “agrees to expeditiously inform Mauritius of any armed attack on a third state directly emanating from the base on Diego Garcia”.
Whitehall officials said any notification would be given after an attack took place, not before. However, the treaty does not explicitly say whether the notification should come before a strike.
Philippe Sands, an international lawyer who previously acted for Mauritius against the UK, told the House of Lords last week that there were “presumably different interpretations” of the text, and that it could be interpreted by Mauritius that Britain should give notice before an attack took place.
The clause has raised alarms among critics of the Chagos deal, which has not yet come into force. The terms of the agreement will not affect any action against Iran by the US in the next few days, which Mr Trump is considering.
Asked on Thursday whether the UK would block America from using Diego Garcia for an attack, a Downing Street spokesman said: “I’m not going to get into hypothetical situations and I’m not going to speculate.”
Mr Trump has indicated he would be open to attacking Iran directly, but has yet to make a final decision.
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