The Report
of the Iraq Inquiry
1116.
To secure
consensus in the Security Council despite the different
positions
of the US
and France and Russia (described by Sir Jeremy Greenstock
as
“irreconcilable”),
resolution 1441 was a compromise containing drafting
‘fixes’.
1117.
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.
1118.
As the
Explanations of Vote demonstrated, there were
significant
differences
between the positions of the members of the Security Council
about
the
circumstances and timing of recourse to military action. There were
also
differences
about whether Member States should be entitled to report
Iraqi
non‑compliance
to the Council.
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