5 | Advice on the legal basis for military action, November 2002 to March 2003

296. Lord Goldsmith concluded:

“… notwithstanding the additional arguments put to me since our last discussion,

I remain of the view that the correct legal interpretation of resolution 1441 is that it

does not authorise the use of military force without a further determination by the

Security Council, pursuant to paragraph 12 of the resolution, that Iraq has failed to

take the final opportunity granted by the Council. I recognise that arguments can

be made to support the view that paragraph 12 of the resolution merely requires

a Council discussion rather than a further decision. But having considered the

arguments on both sides, my view remains that a further decision is required.”

297. Sir David Manning commented: “Clear advice from Attorney on need for further

resolution.”111

298. Mr Rycroft wrote: “I specifically said that we did not need further advice this

week.”112

299. The underlining of Lord Goldsmith’s concluding paragraph quoted above is

Mr Blair’s and he wrote alongside the paragraph: “I just don’t understand this.”113

300. Asked by the Inquiry why he had written to Mr Blair at that point, Lord Goldsmith

told the Inquiry:

“I discovered that Mr Blair was going to see President Bush again at the end of

January and there was concern again about views being expressed that I had now

been persuaded by Sir Jeremy, so I did send a short minute to the Prime Minister

to make sure that he didn’t think that was the case. I hadn’t been asked for it,

but I sent it.”114

301. Asked to explain what it was he did not understand about Lord Goldsmith’s advice,

Mr Blair wrote:

“When I received the advice on 30 January – which again was provisional – I did not

understand how he could reach the conclusion that a further decision was required,

when expressly we had refused such language in 1441.”115

302. Although Mr Blair commented that he did not understand Lord Goldsmith’s

conclusion, it was consistent with the views Lord Goldsmith had set out in his

meeting with Mr Blair on 22 October 2002, and subsequently in his conversations

with Mr Powell on 11 November and 19 December and in his draft advice given to

Mr Blair and discussed with him on 14 January 2003.

111 Manuscript comment Manning on Minute Goldsmith to Prime Minister, 30 January 2003, ‘Iraq’.

112 Manuscript comment Rycroft on Minute Goldsmith to Prime Minister, 30 January 2003, ‘Iraq’.

113 Manuscript comment Blair on Minute Goldsmith to Prime Minister, 30 January 2003, ‘Iraq’.

114 Public hearing, 27 January 2010, page 90.

115 Statement, 14 January 2011, page 10.

57