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3.5  |  Development of UK strategy and options, September to November 2002 –
the negotiation of resolution 1441
Introduction and key findings
1.  This Section addresses the negotiation of resolution 1441 following President Bush’s
speech to the United Nations (UN) General Assembly on 12 September, including the
provision of legal advice, and the unanimous adoption of the resolution by the Security
Council on 8 November
2.  There were a number of other key developments during this period which are
addressed elsewhere in the Report:
The Joint Intelligence Committee (JIC) Assessments of Iraq’s weapons of mass
destruction (WMD) capabilities and Iraq’s intentions for their use are set out in
Section 4. The production of the Iraq dossier, published on 24 September 2002,
and the presentation of its contents to Parliament are addressed in Section 4.2.
The subsequent assessments of Iraq’s actions, including its attitude towards the
return of weapons inspectors, are addressed in Section 4.3.
The development of options for a possible UK contribution to a US‑led military
invasion of Iraq, and the decision on 31 October to offer ground forces to the US
for planning purposes, are addressed in Section 6.1.
UK planning for a post‑Saddam Hussein Iraq is addressed in Section 6.4.
3.  The discussion within the UK Government after the adoption of resolution 1441 about
the legal effect of the resolution, and Lord Goldsmith’s advice on that issue and the legal
basis for military action in Iraq, are addressed in Section 5.
Key findings
The declared objective of the US and UK was to obtain international support within
the framework of the UN for a strategy of coercive diplomacy for the disarmament
of Iraq. For the UK, regime change was a means to achieve disarmament, not an
objective in its own right.
The negotiation of resolution 1441 reflected a broad consensus in the UN Security
Council on the need to achieve the disarmament of Iraq.
To secure consensus in the Security Council despite the different positions of
the US and France and Russia, resolution 1441 was a compromise containing
drafting “fixes”.
That created deliberate ambiguities on a number of key issues including: the level
of non‑compliance with resolution 1441 which would constitute a material breach;
by whom that determination would be made; and whether there would be a second
resolution explicitly authorising the use of force.
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