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10.1  |  Reconstruction: March 2003 to June 2004
Iraq.101 The question about what sort of resolution was needed for the administration
and reconstruction of Iraq should be parked. Mr Blair said:
“The time to debate this would come when we had secured victory, and were
in a position of strength.”
175.  Mr Blair raised Phase IV issues with President Bush the next day. They
discussed the need to push for a quick agreement on the resolution to continue the
OFF programme, and for a separate resolution that would free up financial and troop
contributions from other nations, secure World Bank and IMF involvement and put
reconstruction on the right footing.102
176.  Mr Rycroft recorded that Mr Blair had identified the main issue as being whether
the UN formed the future Iraqi government or whether the Coalition did so with UN
endorsement, but that he had said “it was not helpful to expose this distinction yet”.
177.  On 31 March, Mr Llewellyn advised Mr Dominick Chilcott, Head of the IPU, that UK
military lawyers based in Kuwait were becoming alarmed at ORHA’s activities.103 ORHA
had issued three orders in relation to the port of Umm Qasr, including the application of
US labour and customs laws, for which there was no clear legal authority. The position
of UK forces, if asked to participate in related activities, was therefore uncertain.
178.  Mr Llewellyn concluded: “If it cannot be sorted out, we may well need a decision
from Ministers about whether UK forces should decline to take part in actions that we
consider unauthorised or unlawful.”
179.  The IPU sent recommendations on the UK’s future engagement with ORHA to
Mr Straw on 1 April.104
180.  The IPU advised that the UK objective of an IIA acting under UN authorisation
was unlikely to be in place sooner than 90 days after the end of hostilities.105 Until then,
mechanisms were needed to deliver humanitarian assistance and, within the relevant
legal constraints, civil administration. Without such mechanisms, those tasks would fall
on the military, which had other priorities and limited resources.
181.  The IPU listed three options:
tasking and resourcing 1 (UK) Div to take on those tasks autonomously in areas
of Iraq for which it was responsible;
101  Letter Manning to McDonald, 28 March 2003, Prime Minister’s Meeting with President Bush at Camp
David: Dinner on 26 March’.
102  Letter Rycroft to McDonald, 27 March 2003, ‘Prime Minister’s Meeting with President Bush at Camp
David: Iraq Phase IV’.
103  Minute Llewellyn to Chilcott, 31 March 2003, ‘Iraq: ORHA: Current Activity’.
104  Minute Iraq Planning Unit to Private Secretary [FCO], 1 April 2003, ‘Iraq: ORHA’.
105  Paper IPU, 28 March 2003, ‘Iraq: Office for Reconstruction and Humanitarian Assistance (ORHA)’.
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