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The Report of the Iraq Inquiry
569.  The Chiefs of Staff also agreed that the UK should adopt the Joint Commission
approach to local government proposed by Lt Gen Reith in the draft Operational
Concept.
570.  Adm Boyce directed that the draft Operational Concept be amended to reflect the
discussion. It should also be circulated to the Chiefs of Staff and UK representatives in
the Pentagon and CENTCOM “for use as a vehicle to engage the US”.
571.  Adm Boyce also repeated his 26 March request that Mr Lee prepare briefing
on Phase IV progress for Mr Hoon.
572.  The Inquiry has not seen any record of whether or how the draft Operational
Concept was used by UK representatives in the Pentagon and CENTCOM.
573.  Sir David Manning was advised on 31 March that there was “likely to be
a serious shortfall in military forces for Phase IV and building a coalition to
undertake some of these operations is complicated by the absence of a UNSCR”.
574.  The Cabinet Office reported to Sir David Manning on 31 March:
“There was some discussion [at the Chiefs of Staff meeting] of whether we should
agree to the informal US request to take on four provinces. This would almost
certainly require more than the medium level of force that the MOD intend to leave
behind in Iraq from the autumn. The difficulty is that there is likely to be a serious
shortfall in military forces for Phase IV and building a coalition to undertake some of
these operations is complicated by the absence of a UNSCR … You might want to
encourage MOD to share its thinking on force sizes, perhaps at COBR(R) initially,
once it has crystallised. In the meantime there is a danger of a rising expectation
in Washington that we’ll be able to contribute more than we can manage in
Phase IV.” 343
The relationship between the UK military and ORHA
575.  In early April, Ministers were advised that ORHA was planning to administer
the whole of Iraq and it would therefore not be feasible for 1 (UK) Div to operate
autonomously in the UK AOR.
576.  Concerns were expressed about the implications, in those circumstances,
of differences between US and UK interpretations of the rights and obligations
of Occupying Powers.
577.  On 31 March, Mr Huw Llewellyn, an FCO Legal Counsellor, reported to
Mr Dominick Chilcott, Head of the Iraq Planning Unit (IPU), that UK military lawyers
based in Kuwait were becoming alarmed at ORHA’s activities.344 ORHA had issued three
343  Minute Gibbons to Manning, 31 March 2003, ‘Iraq: COS meeting – Monday 31 March 2003’.
344  Minute Llewellyn to Chilcott, 31 March 2003, ‘Iraq: ORHA: Current Activity’.
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