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The Report of the Iraq Inquiry
Mr Rycroft replied to Mr Brummell on 15 March:
“This is to confirm that it is indeed the Prime Minister’s unequivocal view
that Iraq is in further material breach of its obligations, as in OP4 [operative
paragraph 4] of UNSCR 1441, because of ‘false statements or omissions in
the declarations submitted by Iraq pursuant to this resolution and failure to
comply with, and co‑operate fully in the interpretation of, this resolution’.”
Senior Ministers should have considered the question posed in Mr Brummell’s
letter of 14 March, either in the Defence and Overseas Policy Committee or a
“War Cabinet”, on the basis of formal advice. Such a Committee should then
have reported its conclusions to Cabinet before its Members were asked to
endorse the Government’s policy.
Cabinet was provided with the text of Lord Goldsmith’s Written Answer to
Baroness Ramsey setting out the legal basis for military action.
That document represented a statement of the Government’s legal position –
it did not explain the legal basis of the conclusion that Iraq had failed to take
“the final opportunity” to comply with its disarmament obligations offered by
resolution 1441.
Cabinet was not provided with written advice which set out, as the advice
of 7 March had done, the conflicting arguments regarding the legal effect of
resolution 1441 and whether, in particular, it authorised military action without
a further resolution of the Security Council.
The advice should have been provided to Ministers and senior officials whose
responsibilities were directly engaged and should have been made available
to Cabinet.
Development of the military options for an invasion of Iraq
811.  The following key findings are from Section 6.1:
The size and composition of a UK military contribution to the US‑led invasion of
Iraq was largely discretionary. The US wanted some UK capabilities (including
Special Forces), to use UK bases, and the involvement of the UK military to
avoid the perception of unilateral US military action. The primary impetus to
maximise the size of the UK contribution and the recommendations on its
composition came from the Armed Forces, with the agreement of Mr Hoon.
From late February 2002, the UK judged that Saddam Hussein’s regime could
only be removed by a US‑led invasion.
In April 2002, the MOD advised that, if the US mounted a major military
operation, the UK should contribute a division comprising three brigades. That
was perceived to be commensurate with the UK’s capabilities and the demands
of the campaign. Anything smaller risked being compared adversely to the UK’s
contribution to the liberation of Kuwait in 1991.
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