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3.8  |  Development of UK strategy and options, 8 to 20 March 2003
581.  The preparation of a Written Answer on 17 March, setting out Lord Goldsmith’s
view of the legal basis for military action, is also addressed in Section 5.
THE FCO PAPER OF 15 MARCH, ‘IRAQI NON-COMPLIANCE WITH UNSCR 1441’
582.  A paper for publication providing examples of Iraq’s failure to comply with
the obligations imposed by the UN was produced by the FCO on 15 March.
583.  The question of what would constitute a further material breach as specified in
OP4 of resolution 1441 (2002) was the subject of considerable debate within the UK
Government in late 2002 (see Section 3.6).
584.  In January 2003, Mr Blair said that, if the inspectors’ reports established a pattern
of non-compliance, they would, in the absence of other evidence that Iraq had concealed
WMD (a “smoking gun”), be sufficient to secure Security Council support for a second
resolution stating that Iraq was in further material breach of resolution 1441.194
585.  Mr Blair proposed that the US and UK should seek to persuade others, including
Dr Blix, that this was the “true view” of resolution 1441.
586.  By the end of January, Mr Blair had taken a public position that Iraq was failing
fully to comply with resolution 1441, and that that was a further material breach (see
Section 3.6).
587.  In his advice of 7 March, Lord Goldsmith said that the views of UNMOVIC and the
IAEA would be highly significant in demonstrating hard evidence of non-compliance and
non-co-operation.195
588.  In his minute to Mr Blair of 11 March, Mr Straw wrote that the:
“… three recent meetings of the [Security] Council more than fulfil the requirement
for immediate consideration of reports of non-compliance. So we can say
convincingly that the process set out in resolution 1441 is complete.”196
589.  Mr Straw suggested that the UK Government should use “the overwhelming
evidence that Iraq has not used the four months” since the adoption of resolution 1441
“to co-operate ‘immediately, unconditionally and actively’” to make a “more compelling”
case to Parliament and public opinion. The UNMOVIC “clusters” document would be
a material help in making that case”.
590.  A draft of the FCO paper on Iraq’s failure to comply with resolution 1441, intended
to “demonstrate clearly the extent of Iraqi intransigence” was sent to Mr Straw’s Private
194  Letter Manning to Rice, 24 January 2003, [untitled] attaching Note [Blair to Bush], [undated], ‘Note’.
195  Minute Goldsmith to Prime Minister, 7 March 2003, ‘Iraq: Resolution 1441’.
196  Minute Straw to Prime Minister, 11 March 2003, ‘Iraq: What if We Cannot Win the Second Resolution?’
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