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The Report of the Iraq Inquiry
said he had never known a Head of Mission take umbrage at separate, parallel,
correspondence between the Mission legal adviser and the FCO Legal Advisers.
1077.  Sir Daniel Bethlehem, Sir Michael’s successor as FCO Legal Adviser, agreed
fully with the observations that had been made in evidence about the wholly exceptional
nature of the negotiations that led to resolution 1441.411 He identified the close personal
involvement of the Foreign Secretary, the particular political significance of the
resolution, the sensitivity of the issues in question, their security classification and the
potential consequences that would follow from the resolution as the reasons for the
exceptional nature.
1078.  Sir Daniel also commented on the formality of the process of instruction from
London to UKMIS New York during the negotiation of resolution 1441.
1079.  Sir Daniel added that in more recent years issues concerning the negotiation
of Security Council resolutions would be conducted by email (with multiple copy
addresses), video‑conferencing and other mechanisms which enabled timely, inclusive
and interactive communication, as well as by more formal electronic telegrams.
Conclusions
1080.  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.
1081.  A new UN resolution was a key element of Mr Blair’s “clever strategy”
to achieve the policy objectives of the US and UK in a manner which fostered
international unanimity and maintained the authority of the UN.
1082.  The UK’s stated objective for the negotiation of resolution 1441 was to give
Saddam Hussein “one final chance to comply” with his obligations to disarm. The
UK initially formulated the objective in terms of:
a resolution setting out an ultimatum to Iraq to readmit the UN weapons
inspectors and to disarm in accordance with its obligations; and
a threat to resort to the use of force to secure disarmament if Iraq failed
to comply.
1083.  Iraq’s agreement in principle on 16 September to the return of inspectors,
was almost certainly a response to President Bush’s speech on 12 September, but
the US and UK immediately expressed scepticism about the terms on which Iraq
would readmit inspectors and its future conduct.
411 Statement, 24 June 2011, pages 4‑5.
386
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