5 |
Advice on the legal basis for military action, November 2002 to
March 2003
321.
During the
interview Mr Jeremy Paxman challenged Mr Blair on a
number
of issues,
including whether Mr Blair would “give an undertaking” that he
would
“seek another
UN resolution specifically authorising the use of
force”.
322.
Explaining his
position on a second resolution, Mr Blair stated that “the
only
circumstances
in which we would agree to use force” would be with a further
resolution,
“except for
one caveat”. That was:
“If the
inspectors do report that they can’t do their work properly because
Iraq is not
co-operating,
there’s no doubt that under the terms of the existing United
Nations
resolution
that that’s a breach of the resolution. In those circumstances
there should
be a
further resolution.
“… If a
country unreasonably in those circumstances put down a veto then I
would
consider
action outside of that.”
323.
Pressed
whether he considered he was “absolutely free to defy the express
will
of the
Security Council”, Mr Blair responded that he could not “just
do it with America”,
there would
have to be “a majority in the Security Council”, and:
“… the
issue of a veto doesn’t even arise unless you get a majority in the
Security
Council.
Secondly, the choice … is … If the will of the UN is the thing that
is most
important
and I agree that it is, if there is a breach of resolution 1441 …
and we do
nothing
then we have flouted the will of the UN.”
324.
Asked if he
was saying that there was already an authorisation for war,
Mr Blair
responded:
“No, what I
am saying is … In the resolution [1441] … we said that Iraq … had
…
a final
opportunity to comply.
“The duty
of compliance was defined as full co-operation with the UN
inspectors.
The
resolution … say[s] ‘any failure to co-operate fully is a breach of
this resolution
and serious
consequences i.e. action, would follow’ … [W]e then also put in
that
resolution
that there will be a further discussion in the Security Council.
But the clear
understanding
was that if the inspectors say that Iraq is not complying and there
is
a breach
… then we have to act.
“… [I]f
someone … says … I accept there’s a breach … but I’m issuing a
veto, I think
that would
be unreasonable … I don’t think that’s what will happen. I think
that … if
the
inspectors do end up in a situation where they’re saying there is
not compliance
by Iraq,
then I think a second resolution will issue.”
325.
Asked whether
he agreed it was “important to get France, Russia and
Germany
on board”,
Mr Blair replied, “Yes … That’s what I am trying to
get.”
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