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The Report of the Iraq Inquiry
THE UK’S POSITION, 7 FEBRUARY 2003
168.  The FCO sent guidance on “key UN aspects” of the UK’s policy on Iraq
to diplomatic posts on 7 February.40 Extracts from the guidance are summarised
in the Box below.
FCO guidance on the UK’s position, 7 February 2003
Can anyone launch military action without a further Security Council resolution?
Mr Straw had said that, if there was a material breach, the Government’s
preference was for a second resolution. So far the Security Council had “faced
up to its responsibilities”. The UK believed it would continue to do so, but had to
“reserve our position in the event it does not”.
Any failure by Iraq to comply would have serious consequences. The action
necessary to bring Iraq into compliance would “depend on the circumstances
at the time”.
Does Iraq’s declaration of 7 December mean that Iraq is co-operating?
The declaration did not contain “any new evidence that would eliminate the
outstanding disarmament questions or reduce their number”; and it was “not the
full and complete declaration required by resolution 1441”.
Mr Straw had published a list of “10 outstanding questions, identified by Dr Blix,
that Iraq must answer”.41
“Saddam and his officials would do well to remember that concealment is not
compliance. Only declarations supported by evidence will give confidence in
a country with such a long history … of avoiding disclosures.”
Is Iraq co-operating with inspectors?
Dr Blix’s update of 27 January had “highlighted a number of instances of Iraqi
non-co-operation …: failing to answer outstanding issues, identified by UNSCOM;
obstructing U2 reconnaissance flights; hindering interviews; some instances of
harassment of the inspectors”.
Is Iraq in material breach?
Resolution 1441 was clear: “false statements or omissions in the declaration and
failure to co-operate fully with the inspectors shall constitute a further material
breach of Iraq’s obligations”.
Mr Straw had made clear “Iraq has failed both tests”. The “inescapable
conclusion” was that Iraq was “now in material breach”. War was “not inevitable.
But the responsibility to avoid conflict rests with Saddam Hussein.”
40  Telegram 65 FCO London to Abidjan, 7 February 2003, ‘Iraq: UN Aspects’.
41  The National Archives, 28 January 2003, Iraq is in Material Breach of Resolution 1441.
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