5 |
Advice on the legal basis for military action, November 2002 to
March 2003
281.
Ms Adams had
written to Sir David Manning on 28 January, recording that
Lord
Goldsmith
had found Sir Jeremy Greenstock’s letter of 24 January “a useful
record of
Sir Jeremy’s
arguments on which the Attorney is reflecting”; but that Lord
Goldsmith:
“… would
like to make clear, in order to avoid any doubt about his position,
that
the purpose
of the meeting was to allow the Attorney to hear the best
arguments
which could
be made in support of the view that resolution 1441 can be
interpreted
as
authorising the use of force, under certain conditions, without a
further Council
decision.
The Attorney was therefore principally in listening mode
…”105
282.
Ms Adams wrote
that there was “one point on which Lord Goldsmith would find
it
helpful to
have further information”. Sir Jeremy’s arguments had relied
“heavily on the
negotiating
history … and the fact that other delegations sought, but failed to
obtain,
certain
language in OPs 4 and 12”. Lord Goldsmith wanted to know “if
possible, to
what extent
other members of the Council were aware of these bilateral
discussions
and
therefore the significance of the language”. Lord Goldsmith also
wished to take up
Sir Jeremy’s
suggestion to meet US counterparts, including to “hear their views
on what
is
necessary in practice to trigger the authorisation to use
force”.
283.
Ms Adams
concluded that Lord Goldsmith was conscious that Mr Blair was
due to
meet
President Bush later that week. The letter stated:
“The Prime
Minister is aware of the Attorney’s provisional view of the
interpretation
of the
resolution. However, if the Attorney is to consider the arguments
of his US
counterparts
before reaching a definitive view, he will not be in a position to
finalise
his advice
this week. The Attorney would therefore like to know whether you
see any
difficulty
with this and whether the Prime Minister would wish to have the
Attorney’s
considered
advice before he departs for the US.”
284.
Sir David
Manning wrote on Ms Adams’ letter that someone should respond
to
Lord Goldsmith’s
question about advice for Mr Blair in his
absence.106
285.
Baroness
Morgan commented: “not necessary before w/end”.107
286.
Mr Rycroft
recorded: “I replied by phone as Sally said.”108
287.
A copy of Ms
Adams’ letter was sent to Sir Jeremy Greenstock, who
responded
to Lord
Goldsmith’s question on 29 January.109
105
Letter
Adams to Manning, 28 January 2003, ‘Iraq’.
106
Manuscript
comment Manning on Letter Adams to Manning, 28 January 2003,
‘Iraq’.
107
Manuscript
comment Morgan on Letter Adams to Manning, 28 January 2003,
‘Iraq’.
108
Manuscript
comment Rycroft on Letter Adams to Manning, 28 January 2003,
‘Iraq’.
109
Letter
Greenstock to Manning, 29 January 2003, [untitled].
55