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3.8  |  Development of UK strategy and options, 8 to 20 March 2003
Everyone accepted that Saddam Hussein was not co-operating fully with the
United Nations: “[N]ot a single person … in Europe; not a single person in the
rest of the world – believes that he is co-operating either fully or unconditionally,
and certainly not immediately.”
295.  Mr Charles Kennedy, Leader of the Liberal Democrats, asked if the Attorney
General had advised that a war in Iraq would be legal in the absence of a second
resolution authorising force; Mr Richard Shepherd (Conservative) asked why a UN
resolution was required; and Mr John Randall (Conservative) asked if Mr Blair would
publish the legal advice.
296.  In response, the points made by Mr Blair included:
As he had “said on many occasions … we … would not do anything that did not
have a proper legal basis”.
Resolution 1441 provided the legal basis and the second resolution was “highly
desirable to demonstrate the will of the international community”.
It was not the convention to publish legal advice but it was “the convention to
state clearly that we have a legal base for whatever action we take, and … we
must have such a base”.
297.  In response to a question from Mr Kennedy about whether Mr Annan had said that
action without a second resolution would breach the UN Charter, Mr Blair stated that
Mr Annan had said that it was “important that the UN comes together”. Mr Blair added
that it was:
“… complicated to get that agreement … when one nation is saying that whatever
the circumstances it will veto a resolution.”
298.  Mr Alan Howarth (Conservative) asked whether Mr Blair agreed that:
divisions in the international community only gave “comfort and opportunity to
Saddam Hussein”;
that “a deadline receding into the summer haze was not a serious interpretation
of ‘serious consequences’” as the Security Council had unanimously agreed in
November 2002; and
given Saddam Hussein’s motive and capacity to equip terrorists with chemical
and biological weapons, there was an urgent necessity to disarm him whether
there was a second resolution or not.
299.  Mr Blair replied that Mr Howarth had set out “precisely why we need to take
action”. Leaving troops in the region “for months on an indefinite time scale, without
insisting that Saddam disarms, would send not only a message of weakness … to
Saddam, but a message of weakness throughout the world”.
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