The Report
of the Iraq Inquiry
52.
In his account
of discussions on Phase IV the following day, Mr Rycroft
recorded
that Mr
Blair had identified the main issue as whether the UN formed the
future Iraqi
Government
or whether the Coalition did so with UN endorsement, but had said
that
“it was not
helpful to expose this distinction yet”.25
53.
Mr Rycroft
recorded that the US and UK would “play this negotiation
long”,
until after
the conflict, when they would be “in a stronger position to ensure
the right
arrangements”.
54.
After
returning to the UK, Mr Blair told members of the Ad Hoc Meeting on
Iraq that
in relation
to the post-conflict administration of Iraq:
“He
intended to calm down the debate and engage in subterranean
diplomacy so
that we
reached the right outcome.”26
“A new
United Nations Security Council resolution would be required. The
tactics to
achieve
that was through quiet and effective diplomacy.”
56.
FCO Legal
Advisers were asked to give rapid consideration on 28 March to
the
draft text
of a ‘Freedom Message’ and ‘Proclamation’ addressed to Iraqi
citizens which it
was
intended that General Tommy Franks, Commander in Chief US Central
Command
(CENTCOM),
would issue.
57.
In his advice
to Mr Chilcott, Mr Llewellyn observed that if General Franks were
to
speak on
behalf of the Coalition, “we should be given a full opportunity to
comment on
its content
in detail”.27
58.
On the content
of the draft, Mr Llewellyn advised that “there are a number
of
elements in
it which raise concerns regarding their compatibility with the
authority of an
Occupying
Power”. Specifically:
•
the length
of Occupation should be based on time taken for WMD
disarmament,
not the
creation of a representative government;
•
references
to free elections went beyond the remit of an Occupying
Power;
•
the phrase
“powers of government” implied that the Coalition
Provisional
Authority
(CPA) described in the message had more than the
temporary
administrative
powers of an occupying force;
•
requiring
Iraqis to provide information on the conflict with Iran was outside
the
lawful
basis for Occupation; and
25
Letter
Rycroft to McDonald, 27 March 2003, ‘Prime Minister’s meeting with
President Bush at Camp
David: Iraq
Phase IV’.
26
Minutes, 28
March 2003, Ad Hoc Meeting on Iraq.
27
Minute
Llewellyn to Chilcott, 28 March 2003, ‘Proposed US ‘Freedom
Message’ to the People of Iraq’.
140