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

material breach of its obligations under successive mandatory UN Security

Council resolutions; and

• note the opinion of the Attorney General that, Iraq having failed to comply and

Iraq being at the time of resolution 1441 and continuing to be in material breach,

the authority to use force under resolution 678 has revived and so continued

that day.330

774. In his speech Mr Blair did not address the events that had taken place since the

declaration “as the House is familiar with them”. He stated that “all members” of the

Security Council “accepted” the Iraq declaration was false. He added:

“That in itself, incidentally, is a material breach. Iraq has taken some steps in

co‑operation but, no one disputes that it is not fully co-operating.”331

775. Mr Blair did not address how, in the absence of a consideration in the Security

Council, the UK Government had reached the judgement that Iraq had failed to take

its final opportunity.

776. The debate in the House of Commons and the details of Mr Blair’s speech are

described in Section 3.8.

777. In his discussion with President Bush on 15 March, Mr Blair proposed that

the main message from the Azores Summit should be that this was the final

chance for Saddam Hussein to demonstrate that he had taken the strategic

decision to avert war; and that members of the Security Council should be able

to sanction the use of force as Iraq was in material breach of its obligations.

778. When Mr Blair spoke to President Bush on 15 March, he said that the “main

message” for the Azores Summit “should be that this was a final chance for the UN to

deliver, and that countries should be able to sanction the use of force as Iraq was in

material breach”.332

779. Mr Blair spoke to Mrs Margaret Beckett, Secretary of State for the Environment,

Food and Rural Affairs, before her appearance on the BBC’s The World at One on

16 March.333

780. Asked why he was not putting the second resolution to the vote, Mr Blair explained

that losing a vote “… might cause legal difficulties”. Mr Annan was “very keen to avoid

330 House of Commons, Official Report, 18 March 2003, column 760.

331 House of Commons, Official Report, 18 March 2003, column 762.

332 Letter Rycroft to McDonald, 15 March 2003, ‘Iraq and Middle East: Prime Minister’s Telephone

Conversation with President Bush, 15 March’.

333 Minute No.10 [junior official] to Matthews, 17 March 2003, ‘Note for File’.

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