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

and had argued for the fire-break provision in OP2, so as to prevent automaticité.

And in relation to OP12 it was evident that the French, who had pressed hard for

a reference to a ‘decision’ (as a pre-condition to use of force), appreciated that, as

the final text provided only for the SC to ‘consider’ Iraq’s further breaches, the way

was left open for the operation of the revival argument in the event that the SC did

not come to any decision.”

694. Lord Goldsmith had:

“… explained that in his minute of 7 March he had wanted to make sure that the

Prime Minister was fully aware of the competing arguments. He was clear in his

own mind, however, that the better view was that there was a legal basis without

a second resolution. He had come to this concluded view earlier in the week.”

695. Lord Goldsmith and Mr Brummell agreed that:

• It would be proper for Mr Brummell to confirm to Mr Hemming that the proposed

military action would be in accordance with national and international law.

• It would be necessary to prepare a statement setting out the Attorney’s view

of the legal position which could be deployed at Cabinet and in Parliament the

following week.

696. Mr Brummell wrote to Mr Hemming on 14 March to “confirm” that Lord Goldsmith

was “satisfied that the proposed military action by the UK would be in accordance with

national and international law”.276

697. Copies of the letter were sent to the Private Offices of Mr Hoon, Admiral Boyce and

Sir Kevin Tebbit, as well as to Mr Desmond Bowen (Cabinet Office) and Ms Wheldon.

698. Gen Jackson told the Inquiry that the Chiefs of Staff had seen Lord Goldsmith’s

advice of 7 March.277

699. In his memoir, Gen Jackson wrote that the Chiefs of Staff had discussed the issue

of the legal basis for military action and “collectively agreed that we needed to be sure

of the ground”.278 Adm Boyce had “on behalf of us all, sought the Attorney General’s

assurances on the legality of the planned action” and the Chiefs had accepted his

advice.

700. Gen Jackson told the Inquiry that a similar assurance had been sought and

received in relation to military action in Kosovo in 1999.279

276 Letter Brummell to Hemming, 14 March 2003, ‘Iraq – Position of the CDS’.

277 Public hearing, 28 July 2010, page 36.

278 Jackson M. Soldier: The autobiography of General Sir Mike Jackson, Bantam Press, 2007.

279 Public hearing, 28 July 2010, page 38.

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