The Report
of the Iraq Inquiry
Sir Michael
Wood, the FCO Legal Adviser from 1999 to 2006, explained in his
second
witness
statement:
“While some
changes to the legislative and administrative structure may
be
permissible
if they are necessary for public order and safety, more
wide-reaching
reforms of
governmental and administrative structures are not lawful. That
includes
the
imposition of major economic reforms.”291
668.
Mr Straw
commented on Mr Wood’s advice on 1 March:
“This is
good advice: having UN authority for post-conflict Occupation makes
sense
politically
as well as legally. I’d be happy to receive further advice from
Michael
Wood, or
talk to him, about whether I should lobby C Powell on
progress.”292
669.
Mr Simon
McDonald, Mr Straw’s Principal Private Secretary, sent those
comments
to
Mr Wood on 4 March, after Mr Straw had spoken to
Secretary Powell.293
670.
Mr Straw
told the Inquiry:
“I was
clear that under international law … we would be bound by the 1907
Hague
Regulations
as well as the Fourth Geneva Convention of 1949. We would
therefore
be
considered an Occupying Power with responsibility for providing
‘public order
and safety,
while respecting, unless absolutely prevented, the laws in force in
the
country’.
We would need specific UNSCR authorisation for powers and
duties
beyond
these instruments.”294
671.
Ms Cathy
Adams, Legal Counsellor in the Legal Secretariat to the Law
Officers,
told
Mr Wood on 28 February that the Attorney General had received
a letter from
Mr William
Haynes, General Counsel at DoD, which, among other issues, dealt
with
post-conflict
questions.295
Ms Adams
advised:
“We have
not seen here any papers relating to post-conflict planning. I
expect the
Attorney
[General] would be interested to know how matters are progressing
on this
issue
particularly as regards outstanding legal concerns.”
672.
Mr Wood
replied on 10 March, the same day as Sir David Manning sent Dr Rice
a
UK draft of
a possible third resolution. Sir Michael explained that a good deal
of thought
had been
given to the issue in the FCO and MOD.296
The UK view
had been urged on
291
Statement,
15 January 2010, pages 2 and 3.
292
Manuscript
comment Straw, 1 March 2003, on Minute Wood to McDonald, 28
February 2003, ‘Iraq
Post-Conflict’.
293
Minute
McDonald to Wood, 4 March 2003, ‘Iraq Post-Conflict’.
294
Statement,
19 January 2011, page 18.
295
Letter
Adams to Wood, 28 February 2003, ‘Letter from General Counsel of
the US Department of
Defence
[sic]’.
296
Letter Wood
to Adams, 10 March 2003, ‘Letter from General Counsel of the US
Department of
Defence [sic]’.
430