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The Report of the Iraq Inquiry
much aware of their obligation to minimise the risk of civilian casualties and collateral
damage”. US assessments in respect of targets were based “on more sophisticated
modelling and have the benefit of a much greater range of weaponeering solutions
than assessments made by the UK targeting staff in respect of RAF targets”. The letter
concluded that: “In circumstances … where there is … no clear reason to challenge
US targeting judgements, he [Mr Hoon] takes the view that we should take on trust
assurances provided by … our closest ally.”
Lord Goldsmith’s review
355.  Mr Brummell wrote to Mr McKane on 24 August informing him that Lord Goldsmith
intended to carry out his review of the legal justification for the maintenance of the
NFZs during September; and that he had asked whether there was any additional
information which departments wished to draw to his attention, and whether there were
any developments subsequent to Mr McKane’s update of 28 June.195 Copies of the letter
were sent to the MOD, the FCO and No.10 officials.
356.  Mr Brummell also asked for clarification on a number of specific points:
Whether departments could “expand on the assessment that a decision to
move away from patrolling the south would make it more difficult to sustain the
necessary political support for the northern No-Fly Zone”.
Whether it was possible to expand the assessment of the “likelihood” of a “grave
humanitarian crisis” occurring as a result of persecution of the Shia.
Whether departments could direct him “to the precise materials and/or
passages” in “the MOD’s comprehensive review of the Zones” on which the
conclusion that “no other arrangements have been identified which would
obviate the need to conduct regular patrols over Iraqi territory” had been based.
Whether the assessment in Mr Patey’s letter of 29 January that there might
be “scope for adjustment” in relation to the northern NFZ remained valid, and
if it did whether it affected “the assessment of whether there are any practical
alternatives to patrolling the northern No-Fly Zone if lives are to be saved”.
357.  Mr McKane forwarded a copy of the letter to Sir David Manning, Mr Blair’s
Foreign Policy Adviser, with the comment:
“You need to be aware of this correspondence. I’ve got the matter in hand –
I’ll probably ask the MOD to produce a draft reply for discussion with them and FCO
– but I may need to ask you to weigh in if the Attorney is unconvinced by
our arguments.”196
358.  Copies of the letter were circulated widely within the MOD, and to Mr Hoon.
195  Letter Brummell to McKane, 24 August 2001, ‘Iraq’.
196  Manuscript comment McKane to Manning, 3 September 2001, on Letter Brummell to McKane,
24 August 2001, ‘Iraq’.
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