The Report
of the Iraq Inquiry
that
Mr Straw had also sent a document “on the legal basis” to the
Foreign Affairs
Committee.
834.
The minutes
record that Lord Goldsmith informed Cabinet that:
“Authority
existed from the combined effect of United Nations Security
Council
resolutions
678, 687 and 1441, all of which were adopted under Chapter VII of
the
United
Nations Charter. The latter allowed the use of force for the
express purpose
of
restoring international peace and security … resolution 1441
determined that
Iraq had
been and remained in material breach of … resolution 687 and gave
Iraq
a final
opportunity to comply with its disarmament obligations, warning of
serious
consequences
if it did not do so. It was plain that Iraq had failed so to comply
and
therefore
continued to be in material breach. The authority to use force
under
…
resolution 678 was revived as a result … [R]esolution 1441 did not
contain
a requirement
for a further … resolution to authorise the use of
force.”
835.
The points
made during discussion included:
•
The
attitude of France “had undermined the mechanism of the United
Nations
to enforce
the will of the international community”.
•
The
Government’s supporters “needed a comprehensive statement to
explain
the
position”: a second resolution “had been politically desirable but
not legally
essential”.
•
“It was
important to focus on Saddam’s failure to comply, and to avoid
the
impression
that the failure to gain a further … resolution was the
issue”.
836.
Mr Prescott
stated that Mr Blair:
“… had
played a major role in upholding the credibility of the United
Nations. French
intransigence
had thwarted success in taking the United Nations process to
its
logical
conclusion. Nevertheless, the use of force against Iraq was
authorised
by existing
… resolutions.”
“… the
diplomatic process was now at an end. Saddam Hussein would be given
an
ultimatum
to leave Iraq; and the House of Commons would be asked to endorse
the
use of
military action against Iraq to enforce compliance, if
necessary.”
838.
Cabinet “Took
note.”
839.
Mr Cook’s
decision to resign from the Government was announced during
Cabinet,
which he
did not attend.360
360
Campbell A
& Hagerty B. The
Alastair Campbell Diaries. Volume 4. The Burden of Power:
Countdown
to
Iraq. Hutchinson,
2012.
150