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The Report of the Iraq Inquiry
Whether military action was justified in law “with or without a second resolution”
would depend on the circumstances, which he could not predict.
There was “now a great emerging consensus” which recognised that Saddam
Hussein had “been in the most terrible breach of international obligations … and
that the time had come to require that awful, terrible regime to put right those
breaches”.
There were “no trip wires in the resolution”; the UK had “been extremely careful
to ensure” that there were none.
The UK was working on the basis that Saddam Hussein was “a liar and a cheat”.
He and Mr Blair were aware “of the anxieties of the public … about the prospect
of military action”, and: “Military action should never be used except as a last
resort when all other possibilities have been exhausted.”
The UK “would prefer to stay with the UN Security Council route” but “must
reserve the right, within our obligations under international law, to take military
action if we deem that necessary, outwith a specific Security Council resolution
being passed in the future”. The UN Charter, Security Council resolutions and
customary international law were the basis of international law, and judgements
about whether military action was “necessary and justified” had to be made
on “that totality”.
The prospect of military action was seen “very much as a last resort”; if the
resolution was passed, the prospect of military action would recede.
Resolution 1441 (2002)
829.  Following a series of discussions in New York on 7 November, the US and
UK tabled a revised draft resolution.
830.  An instruction to the UK Mission in New York agreeing amendments to the
draft text was cleared with No.10 on the morning of 7 November.280 That included an
amendment to the text of OP4 to refer to OP11 “and” OP12, “while keeping ‘or’ in OP12”
to “leave open the possibility of a member state, as well as Blix, making a report to the
Council”.
831.  Mr Blair discussed the resolution with President Putin on 7 November.281
832.  Mr Blair said that he “hoped that, through this resolution and the inspection regime,
the issue of Iraq’s WMD could be resolved without conflict”. Mr Blair and President Putin
also discussed the issue of who under OP4 would establish the material breach. Mr Blair
told President Putin that if there were a breach by Iraq then we would come back for
a further discussion in the Security Council. Our expectation would be that if there were
a significant breach, the Security Council would authorise action.
280 Fax Ricketts to Rycroft, 7 November 2002, attaching Paper ‘Draft telegram to UKMIS New York’.
281 Letter Rycroft to McDonald, 7 November 2002, ‘Iraq: Prime Minister’s Conversation with Putin,
7 November’.
342
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