3.3 |
Development of UK strategy and options,
April to July 2002
UK in 1998
(Operation Desert Fox), because resolution 1205 (1998) did not
itself contain
any
explicit authority to use force.
491.
Lord Goldsmith
wrote: “I believe that it is essential to show at least
some
determination
by the Security Council itself that there has been a sufficiently
significant
violation
of the cease-fire conditions.” Given the time that had elapsed and
the impact of
events, he
did not “consider it legally possible to rely today on resolution
1205”.
492.
Lord Goldsmith
concluded:
“My view
therefore is that in the absence of a fresh resolution by the
Security
Council
which would at least involve a new determination of a material and
flagrant
breach [by
Iraq of its obligations], military action would be unlawful. Even
if there
were such a
resolution, but one which did not explicitly authorise the use of
force,
it would
remain highly debatable whether it legitimised military action –
but without
it the
position is, in my view, clear.
“The
issuing of an ultimatum to Iraq may be helpful in delivering a
clear political
message to
Iraq and ensuring that all possible steps have been taken to ensure
Iraqi
compliance
before force is used. However an ultimatum, whether issued
unilaterally
or by the
Security Council, would not in itself provide a separate legal base
for the
use of
force.”
493.
Copies of Lord
Goldsmith’s minute were sent to Mr Straw and Mr Hoon.
494.
Mr Powell
recorded that Mr Blair and Lord Goldsmith would “discuss
further”
in
September.
495.
A note for the
No.10 file written by Mr Powell on 31 July recorded that
the:
“PM has
seen [Lord Goldsmith’s minute], as has David Manning.
“I phoned
Private Offices in FCO and MOD on 30/7, at the request of the
AG
[Attorney
General] (and in his presence) to ask them to destroy their copies
to avoid
further
leaks. PM to discuss further with AG in September.”194
496.
Mr Blair
told the Inquiry that Lord Goldsmith’s advice of 30 July
had
convinced
him that a new resolution was necessary, and that it needed to be
the
right
resolution.
497.
Addressing the
reference in his minute to reliance on previous
resolutions,
Lord Goldsmith
told the Inquiry:
“… the
revival argument depends on two things. It depends … on the fact
that
resolution
678 authorised the use of force and that resolution 687 suspended
it
on conditions,
but didn’t, in fact, cancel it …
194
Note
(handwritten) Powell, 31 July 2002, ‘File’.
85