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1.2  |  Development of UK strategy and options, September 2000 to September 2001
contain the threat that Iraq poses to its neighbours … while at the same time addressing
the humanitarian needs of the Iraqi people”.181
Continuing concerns about the NFZs
330.  On 12 February 2001, Mr Brummell had written to Mr McKane:
confirming that Lord Williams accepted “that it is still possible on balance to
argue that the maintenance of the No-Fly Zones is justified as a necessary and
proportionate use of force to prevent a humanitarian crisis”;
emphasising “that it is vitally important to keep constantly in view the precarious
nature of the legal basis for UK and US action in the No-Fly Zones”; and
asking for an “update of the situation in the north and south of Iraq,
consideration of alternatives to the maintenance of the Zones, and information
on any civilian casualties associated with UK and US operations in relation to
the Zones”, by the end of May 2001.
331.  That letter is described earlier in this Section.
332.  The production of the update was delayed by the UK General Election in June 2001.
After the election, Lord Goldsmith of Allerton became the Attorney General.
333.  Mr McKane wrote to Mr Brummell on 28 June, to provide the update.182 He advised
that there was no evidence that would entail a revision of the assessment that he had
provided on 8 February (and which had been endorsed by Mr Cook and Mr Straw), but
offered an update on the points made in that letter:
“Although we cannot predict with absolute certainty how Saddam would react in
the event of a cessation of coalition operations in the southern No-Fly Zone, our
judgement remains that he would revert to the use of air power against the
Shia population …
“… more effective persecution of the Shia would add to their misery and would risk
provoking another cycle of uprising and brutal repression. A grave humanitarian
crisis would result …
“There is no reason to call into question the JIC judgement … that abolition of the
northern No-Fly Zone would be likely to lead to a refugee crisis at least comparable
to 1996 (nor that, in the event that Saddam faced widespread opposition to an
assault to recover the north, a humanitarian refugee crisis similar to that in 1991
would follow).
181  Letter Prime Minister to Khatami, 30 July 2001, [untitled].
182  Letter McKane to Brummell, 28 June 2001, ‘Iraq’.
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