Introduction
96.
The Inquiry
specifically invited analysis of the arguments set out in the
Attorney
General’s
advice of 7 March 2003, his written answer to a question asked in
the House
of Lords on
17 March and the FCO memorandum ‘Iraq: Legal Basis for the Use of
Force’
of the same
date.
97.
Respondents
were asked not to address their submissions to the legal
grounds
relied upon
by countries other than the UK. Rather, they were asked to address
the
issues of
law relating to the UK’s position, including:
•
the legal
effect of operative paragraphs (OPs) 1, 4, 11 and 12 of UN
Security
Council
resolution 1441 (2002);
•
the
significance of the word “consider” in OP12;
•
whether by
virtue of resolutions 678 (1990), 687 (1991) and 1441 the
elements
were in
place for a properly authorised use of force;
•
the
interpretation and effect of the statements made by the Permanent
Members
of the
Security Council following the unanimous vote on resolution
1441;
•
the correct
approach to the interpretation of Security Council resolutions;
and
•
Lord
Goldsmith’s evidence that the precedent was that a reasonable case
was a
sufficient
lawful basis for taking military action.
98.
All 37 of the
legal submissions received by the Inquiry which met the criteria
set out
above are
published on the Inquiry’s website alongside this Report. The
Inquiry used
those
submissions to inform its consideration of legal issues and is
grateful to everyone
who took
the time to offer their views.
99.
The Inquiry
has not expressed a view as to whether or not the UK’s
participation
in the
conflict was lawful. Although the Inquiry has had the benefit of
advice from a
distinguished
international lawyer, it was not constituted as a Court of Law and
none
of its
members is legally qualified.
100.
The opinion of
this Inquiry would in any case not resolve the issue of the
legality
of the
conflict, or the UK’s participation in it. In the Inquiry’s view,
that issue can only
be resolved
by a properly constituted and internationally recognised Court
which has
considered
the issue with the benefit of submissions from Counsel representing
all those
parties
with an interest in or affected by the issue.
101.
This Inquiry
was asked to consider the actions of the UK Government, not
those
of its
allies. The existence of a Coalition of states working in Iraq,
however, means that
this report
inevitably considers the decisions and actions of other countries
where they
affected
choices made by the UK.
17