5 |
Advice on the legal basis for military action, November 2002 to
March 2003
•
Recognising
the threat Iraq’s non-compliance with Council resolutions
and
proliferation
of weapons of mass destruction and long-range missiles poses
to
international
peace and security;
•
Determined to
secure full compliance with its decisions and to restore
international
peace and
security in the area;
•
Acting under
Chapter VII …;
•
Reaffirms the
need for full implementation of resolution 1441
(2002);
•
Calls on Iraq
immediately to take the decisions necessary in the interests of
its
people and
the region;
•
“Decides that
Iraq will have failed to take the final opportunity afforded by
resolution
1441 (2002)
unless, on or before 17 March 2003, the Council concludes that Iraq
has
demonstrated
full, unconditional, immediate and active co-operation in
accordance
with its
disarmament obligations under resolution 1441 (2002) and previous
relevant
resolutions,
and is yielding possession to UNMOVIC and the IAEA of all
weapons,
weapon
delivery and support systems and structures, prohibited by
resolution 687
(1991) and
all subsequent resolutions, and all information regarding prior
destruction
of such
items; and
•
“Decides to
remain seized of the matter.”
515.
Lord Goldsmith
submitted formal advice to Mr Blair on 7 March, in which he
noted
that he had
been asked for advice on the legality of military action against
Iraq without
another
resolution of the Security Council, further to resolution
1441.213
516.
Lord Goldsmith
identified three possible bases for the use of military
force.
He
explained that neither self-defence nor the use of force to avert
overwhelming
humanitarian
catastrophe applied in this case.
517.
As regards the
third basis, he wrote that force may be used:
“… where
this is authorised by the UN Security Council acting under Chapter
VII
of the UN
Charter. The key question is whether resolution 1441 has the effect
of
providing
such authorisation …”
“As you are
aware, the argument that resolution 1441 itself provides
the
authorisation
to use force depends on the revival of the express authorisation
to
use force
given in 1990 by Security Council Resolution 678.”
213
Minute
Goldsmith to Prime Minister, 7 March 2003, ‘Iraq: Resolution
1441’.
93