3.5 |
Development of UK strategy and options, September to November 2002
–
the
negotiation of resolution 1441
966.
Identifying
those changes, Lord Goldsmith wrote:
“In
particular … OP2 said that Iraq was being given a ‘final
opportunity’ to comply
with its
obligations; OP4 contained the words ‘for assessment’; and OP13
recalled
that the
Council had repeatedly said that there would be ‘serious
consequences’
as a
result of Iraq’s continued violation of its
obligations.”353
967.
Lord Goldsmith
identified the addition stipulating that any further material
breaches
would be
reported to the Council for assessment in the text of what became
OP4, as the
“most
important” of those changes.
968.
In addition,
there had been “no further meetings” between Lord Goldsmith
and
“Ministers
or officials of the FCO on this … prior to adoption of the
resolution”.354
969.
Lord Goldsmith
wrote that after 18 October there had been “no further
requests”
for advice:
“… the FCO
Legal Advisers were not pressing for advice before the
resolution
was
adopted. I recall … that at some point after the meeting on 22
October 2002
Cathy Adams
expressly informed me that my advice was not being sought and
that
documentation
was being provided for my reference only.”355
970.
FCO Legal
Advisers and Lord Goldsmith’s office were aware on 4
November
of the
revision of the final clause of OP4 over the weekend of 2‑3
November, when
Secretary
Powell agreed to replace the text that, in the event of a further
material
breach, the
Security Council would “convene in accordance with OPs 11 and
12”
with the
phrase that it would be “reported to the Council for
assessment”.
971.
There is no
evidence that any concerns were raised about the
inclusion
of “for
assessment” before the adoption of resolution 1441.
972.
Lord
Goldsmith saw the draft resolution containing the revised
text
on 6 November.
973.
Sir Michael
Wood identified that, as well as his letters of 24 September
and
18 October,
the note from Mr Grainger to Mr Brummell of 4 November
2002, was
a specific
occasion when the FCO Legal Advisers had “made it clear to the
Attorney
and his
Office, formally or informally, that we needed his
advice”.356
353
Statement,
4 January 2011, paragraph 1.6.
354
Statement,
4 January 2011, paragraph 1.10.
355
Statement,
4 January 2011, paragraph 1.11.
356
Statement,
15 March 2011, page 12.
371