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7  |  Conclusions: Pre-conflict strategy and planning
376.  Mr Jonathan Powell, Mr Blair’s Chief of Staff, told the Inquiry:
“… the Prime Minister had a habit of writing notes, both internally and to President
Clinton and to President Bush, on all sorts of subjects, because he found it better
to put something in writing rather than to simply talk about it orally and get it much
more concretely … in focused terms.”176
377.  Mr Blair drew on information and briefing received from Whitehall departments,
but evidently drafted many or most of his Notes to the President himself, showing
the drafts to his close advisers in No.10 but not (ahead of despatch) to the relevant
Cabinet Ministers.
378.  How best to exercise influence with the President of the United States is a matter
for the tactical judgement of the Prime Minister, and will vary between Prime Ministers
and Presidents. In relation to Iraq, Mr Blair’s judgement, as he and others have
explained, was that objectives the UK identified for a successful strategy should not
be expressed as conditions for its support.
379.  Mr Powell told the Inquiry that Mr Blair was offering the US a “partnership to try
to get to a wide coalition” and “setting out a framework” and to try to persuade the US
to move in a particular direction.177
380.  Mr Blair undoubtedly influenced the President’s decision to go to the UN Security
Council in the autumn of 2002. On other critical decisions set out in the Report, he did
not succeed in changing the approach determined in Washington.
The legal basis for military action and the authority of the UN
381.  There was a vigorous debate in late 2002 and early 2003 about the legal effect
of resolution 1441 and the question of whether military action against Iraq could be
undertaken without the Security Council having first considered, and then assessed,
whether or not Iraq was in breach of its terms.
382.  Many distinguished jurists have expressed opinions on that question and the
debate will no doubt continue. The Inquiry received many opinions from experts in
international law which demonstrate the complexities of the issues.
383.  The Inquiry has reviewed the debate that took place within the Government and
how it reached its decision.
384.  The circumstances in which it was ultimately decided that there was a legal basis
for UK participation were far from satisfactory.
385.  It was not until 13 March 2003 that Lord Goldsmith advised that there was,
on balance, a secure legal basis for military action.
176 Public hearing, 18 January 2010, page 38.
177 Public hearing, 18 January 2010, pages 77-78.
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