3.5 |
Development of UK strategy and options, September to November 2002
–
the
negotiation of resolution 1441
662.
Ms Adams also
provided suggested “Lines to Take” for Lord
Goldsmith.217
They:
•
explained
why the draft resolution did not amount to an authorisation to
use
force;
•
dismissed
the Kosovo “precedent” as: “Simply not relevant”; and
•
reminded
Lord Goldsmith of the 1997 advice, set out in her minute of 14
October,
which
identified the possibility of “exceptional cases” where military
action might
be taken
without a determination by the Security Council.
663.
On the last
point, Ms Adams wrote:
“It is
impossible to give a firm view on this now. We should certainly not
plan on
being able
to rely on such a justification. There does not seem to [be] wide
support
for
military action among the wider international community at
present.”
664.
Lord
Goldsmith’s aide memoire of the points he wished to make
stated:
“1. Anxious
you know my legal advice
2. Note
statements – political imperative
3. As it
stands – will need a 2nd resolution (says so in Op10)
4. Need to
express my view in writing?
5. [a
reference to correspondence with an MP].”218
665.
In his
statement to the Inquiry, Lord Goldsmith confirmed that the
manuscript
notes were
an aide memoire made by him before the meeting of the points he
wished
666.
Lord Goldsmith
added:
“As it
happened, we also discussed the legal effect of one of the other P5
members
exercising
a veto unreasonably.”
667.
No.10 did not
produce a record of the meeting, but Lord Goldsmith’s account
was
reported in
a letter from Mr Brummell to Sir David
Manning.220
Mr Brummell
wrote:
“The
Attorney expressed the view … that, as things stand at present and
viewing
the text as
a whole, a resolution in the form of the latest draft seen by him
(dated
19 October)
would not on its own authorise military action … However, it will
not
217
Briefing
‘Lines to take’ attached to Minute Adams to Attorney General, 22
October 2002, ‘Iraq: Meeting
with the
Prime Minister, 22 October’.
218
Manuscript
comment Goldsmith on Minute Adams to Attorney General, 22 October
2002, ‘Iraq: Meeting
with the
Prime Minister, 22 October’.
219
Statement,
4 January 2011, paragraph 3.1.
220
Letter
Brummell to Manning, 23 October 2002, ‘Iraq: Attorney General’s
Meeting with the Prime
Minister,
22 October’.
317