The Report
of the Iraq Inquiry
“In view of
the rapidly developing situation, I thought that the Attorney would
wish
to know
what I have said on this question.”273
689.
Lord Goldsmith
met Mr Brummell and Ms Adams at 1300 on 13
March.274
690.
In a minute
approved by Lord Goldsmith, Mr Brummell wrote that Lord
Goldsmith
had told
him that:
“… he had
been giving further careful consideration to his view of the legal
basis for
the use of
force against Iraq … It was clear … that there was a sound basis
for the
revival
argument in principle …
“The
question was whether the conditions for the operation of the
revival doctrine
applied in
this case. The Attorney confirmed that, after further reflection,
he had
come to the
clear view that on balance the better view was that the conditions
for the
operation
of the revival argument were met in this case, i.e. there was a
lawful basis
for the use
of force without a further resolution beyond resolution
1441.”275
691.
Addressing the
key provisions of resolution 1441, Mr Brummell reported
that
Lord Goldsmith
had stated:
“… the
crucial point … was that OP12 did not stipulate that there should
be a further
decision of
the SC before military action was taken, but simply provided for
reports
of any
further breaches by Iraq to be considered by the SC. In the absence
of a
further
decision by the SC, the Attorney General thought that the better
view was
that
resolution 1441 itself revived resolution 678 and provided the
legal basis for
use of
force. (It was, moreover plain that Iraq had failed to take the
final opportunity
afforded to
it and continued to be in material breach: not a single member of
the
SC considered
that Iraq had complied.)”
“… fully
taken into account the contrary arguments. In coming to his
concluded view
… he had
been greatly assisted by the background material he had seen on
the
history of
the negotiation of resolution 1441 and his discussions with both
Sir Jeremy
Greenstock
and the US lawyers …”
693.
Lord
Goldsmith’s view was:
“It was
apparent from this background material that members of the Council
were
well aware
that a finding of material breach by the SC was tantamount to
authorising
the use of
force (through the operation of the revival doctrine). It was for
this very
reason that
the French had been keen to avoid the finding of a material
breach
273
Letter
Hemming to Brummell, 12 March 2003, ‘Iraq – Position of the
CDS’.
274
Diary
extract Attorney General, 13 March 2003.
275
Minute
Brummell, 13 March 2003, ‘Iraq: Legal Basis for Use of Force – Note
of Discussion with Attorney
General
Thursday, 13 March 2003’.
124