The Report
of the Iraq Inquiry
and MOD
briefings on objectives and rationale, and I understand that John
Scarlett
is
conducting further briefing on the basis of the intelligence
material.
“While it
is not possible to predict the timing of the event precisely … [it]
could
conceivably
be as early as 10 March … in the event, albeit unlikely, that
the
Americans
lost hope in the UN and move fast. Michael Jay may have a better
fix
on this,
but I guess the more likely timing would be for Security Council
action
around the
weekend of 15/16 March, and therefore for a meeting after
that.”182
560.
Copies of the
letter were sent to Sir Michael Jay and Sir David
Manning.
561.
Sir Michael
commented that both Adm Boyce and Gen Jackson had told him
that
they would
need “explicit legal authorisation”.183
Sir Kevin’s
proposal “would be one way
of
achieving this: though the timetable looks a bit
leisurely”.
562.
On 5 March,
the US requested the UK Government’s agreement to the
use
of British
bases in the UK and overseas.
563.
On 5 March,
the US requested the UK’s permission to use Diego Garcia
and
RAF
Fairford for operations against Iraq.184
564.
Mr Straw’s
Private Office wrote to No.10 on 11 March reporting that the
request
followed “a
series of informal requests and notifications” over the past few
weeks to
FCO and MOD
officials.185
Both
departments had taken the view that a more formal
request
should be made “to remind the US that any use by the US forces of
British
bases or
Diego Garcia must be on the basis of joint decision, as laid down
under
existing agreements”.
565.
The US had
formally requested the UK Government’s agreement to the use
of
RAF
Fairford, Diego Garcia and, possibly, other British bases for
military operations
against
Iraq. It was now pressing for a response “as soon as
possible”.
566.
The FCO
advised that “under international law, the UK would be
responsible
for any US
action in breach of international law in which the UK knowingly
assisted”.
The draft
response was “premised on a decision that UNSCR 1441 and other
relevant
resolutions”
provided “the authority for action”.
567.
On 7 March,
Lord Goldsmith sent Mr Blair formal advice on the legality
of
military
action against Iraq without another resolution of the Security
Council,
further to
resolution 1441.
182
Letter
Tebbit to Turnbull, 5 March 2003, [untitled].
183
Manuscript
comment Jay to Ricketts, 5 March 2003, on Letter Tebbit to
Turnbull, 5 March 2003,
[untitled].
184
Letter
Sinclair to Rycroft, 11 March 2003, ‘US request to use Diego Garcia
and RAF Fairford for
possible
operations against Iraq’.
185
Letter
Sinclair to Rycroft, 11 March 2003, ‘US request to use Diego Garcia
and RAF Fairford for
possible
operations against Iraq’.
474