The Report
of the Iraq Inquiry
for
MND(SE). PJHQ collated the daily MNF‑I reports for the weekly
Chiefs of Staff
meeting.
158.
The Cabinet
Office was currently overseeing a trial to determine civilian
casualties
in MND(SE).
The MOD was, however, arguing that it could not provide either the
MNF‑I
or its own
MND(SE) casualty figures to the exercise, as the US military did
not allow
publication
of country‑wide information on civilian casualties on security
grounds. The
MNF‑I
figures would in any case be unlikely to be comprehensive and did
not show who
was
responsible for civilian casualties.
159.
The UK’s
current line was to rely on Iraqi MOH figures, though that might
not
be
sustainable in the face of increasing Parliamentary, NGO and media
demands
that the UK
release its own statistics. The current military operation in
Fallujah was
increasing
pressure on MNF‑I to prove that it was making every effort to
minimise civilian
casualties,
and:
“There will
be seen to be a certain plausibility in the argument that we can
only do so
if we can
provide credible (i.e. our own) figures for
casualties.”
160.
Mr Asquith
concluded that any estimate of casualties, other than from MOH
and
NGO
sources, would have to come from MNF‑I, which was deployed
throughout Iraq.
But the MOD
had ruled out the use of the MNF‑I figures. If the MOD felt there
were good
reasons for
holding back its own figures for MND(SE), it (rather than the FCO)
should
explain
those reasons to Parliament and to the public.
161.
Mr Asquith
continued that if the FCO did accept the lead on handling
civilian
casualty
issues, it should be on three conditions:
“(a) MOD to
explore with DoD [the US Department of Defense] reverting to
the
practice at
the time of the first Gulf War when civilian casualties were
released
into the
public domain.
(b) If DoD
refuses, MOD to explain publicly (to Parliament) why it is not
possible to
produce
estimates from MNF‑I sources.
(c) FCO to
lead on the handling of civilian casualties … But Ministers
should
be clear
that, in the absence of releasable data from military sources,
we
will be
heavily dependent on figures from the Iraqi MOH which will not
be
comprehensive
…”
162.
Mr Asquith
advised Mr Straw in a separate minute on the same
day:
“Legal
Advisers say there are no obligations to report civilian casualties
in the Fourth
Geneva
Convention … or under any other provision of international
humanitarian
law.
“While it
is essential in advance of any particular attack to assess the
likely civilian
casualties,
there is no obligation after the event to make any assessment of
either
198