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The Report of the Iraq Inquiry
would minimise the potential for Iraqi reversion to a WMD programme once military
action was complete.”
359.  The paper also set out the elements of the US plan and addressed whether
they were necessary and proportionate. It concluded that the current US Concept
of Operations could “achieve a conventional military defeat, but that the use of force
in achieving this aim is potentially proportionate and necessary”.
360.  At that stage, Mr Hoon and MOD officials did not know Lord Goldsmith’s views
on whether resolution 1441 provided a legal basis for military action without a further
authorisation by the Security Council (see Section 5).
361.  The record of the meeting between Lord Goldsmith, Mr Hoon and Mr Straw stated
that Mr Hoon had said a way of approving individual and generic targets should be found
“beforehand”, along with a method of handling emergent targeting needs during the
course of the campaign.127
362.  Lord Goldsmith was clear that, in such an integrated campaign, it was “practically
impossible to make a distinction” between UK and US operations. That significantly
increased the legal task and reinforced the necessity for a robust audit trail. Scrutiny
was to be expected.
363.  Lord Goldsmith said it would be important to tackle difficult targets early but he was
“open to an approach where straightforward targets could be packaged”.
364.  Mr Hoon asked whether it was “possible to clear easy packages early in
order to make a start on the large numbers of targets” which had to be addressed.
Air Commodore Mike Heath, Head of the Directorate of Targeting and Information
Operations (DTIO), outlined how full collateral considerations could not be taken into
account “until very shortly before the operation”.
365.  Lord Goldsmith welcomed the broad approach outlined in the paper:
“It correctly identified the regime as a target, but was currently too tentative in
identifying it as a necessary target … The conclusion at the end of the paper that
this campaign was “potentially proportionate” was insufficiently robust and a more
explicit conclusion was required.”
366.  Mr Straw asked that more work be done to clearly identify the controlling elements
of the regime.
367.  Mr Blair agreed that the overall strategy of the air campaign was
to contribute to the collapse of the Iraqi regime or at least prevent it from
using WMD.
127  Letter Williams to McDonald, 5 February 2003, ‘Potential Operations in Iraq: Military Objectives
and Campaign’.
440
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