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

740. On the UN draft resolution, Mr Blair commented that the “haggling over texts

in New York was frustrating and muddied the waters. But it was buying the vital time

we needed this weekend.”

741. A discussion on the military timetable was reported separately.308 It was envisaged

that the withdrawal of the resolution on 17 March would be followed by a speech

from President Bush which would give Saddam Hussein an ultimatum to leave within

48 hours. President Bush would call for freedom for the Iraqi people and outline the legal

basis for military action.

742. There would be no military action before a vote in the UK Parliament on 18 March.

President Bush would announce the following day that military action had begun.

The plan was for the main air campaign to begin on 22 March.

743. On 14 March, Lord Goldsmith asked for confirmation of Mr Blair’s view

that Iraq had “committed further material breaches as specified in [operative]

paragraph 4 of resolution 1441”.

744. Mr Brummell wrote to Mr Rycroft on 14 March:

“It is an essential part of the legal basis for military action without a further resolution

of the Security Council that there is strong evidence that Iraq has failed to comply

with and co-operate fully in the implementation of resolution 1441 and has thus

failed to take the final opportunity offered by the Security Council in that resolution.

The Attorney General understands that it is unequivocally the Prime Minister’s

view that Iraq has committed further material breaches as specified in [operative]

paragraph 4 of resolution 1441, but as this is a judgement for the Prime Minister,

the Attorney would be grateful for confirmation that this is the case.”309

745. In his response on 15 March, Mr Rycroft recorded that it was Mr Blair’s

“unequivocal view that Iraq is in further material breach of its obligations, as in

OP4 of UNSCR 1441”.

746. Mr Rycroft replied to Mr Brummell on 15 March:

“This is to confirm that it is indeed the Prime Minister’s unequivocal view that Iraq

is in further material breach of its obligations, as in OP4 of UNSCR 1441, because

of ‘false statements or omissions in the declarations submitted by Iraq pursuant

308 Letter Cannon to McDonald, 13 March 2003, ‘Iraq: Military Timetable’.

309 Letter Brummell to Rycroft, 14 March 2003, ‘Iraq’.

133