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The Report of the Iraq Inquiry
164.  Mr Baker briefed the Iraq Strategy Group on 28 July that the “sticking point” on
the Electoral Law “was how Kirkuk would be governed until 2010” and “prospects for
agreement were poor”.60 Mr McDonald emphasised the importance to Mr Brown of
elections taking place on time. The Group agreed to keep up pressure for the Electoral
Law to be adopted before 30 July, including through conversations with US interlocutors.
165.  Mr Baker also reported that FCO and MOD lawyers were working towards
agreeing the UK’s internal position on the legal arrangements for British forces in Iraq, to
enable negotiations to start in early September, subject to Iraqi agreement. He observed
that the FCO and the MOD “would require a judgement by the Attorney General about
use of force, given that the Iraqis would not want us to declare that an internal armed
conflict existed in Iraq”.
166.  The Iraq Strategy Group judged that the US negotiations, which were close
to agreement, were unlikely to complicate the UK’s, although “we may face a tough
negotiation if the US agreement did not include elements which we will want included
in our own agreement”.
August 2008
167.  On 7 August, the JIC reviewed security prospects for the Kurdish north of Iraq, at
the request of the MOD and the FCO.61
168.  The JIC judged that the Kurdistan Region was still the most stable part of Iraq,
continuing to outpace the rest of the country in terms of trade, reconstruction, investment
and economic growth. By contrast, the other northern provinces – Ninawa and Ta’min
(formerly Kirkuk), which were administered by the Government of Iraq – accounted
for more than 80 percent of insurgent attacks recorded across Iraq. Unlike central
and southern Iraq, much of the violence there was ethnically motivated. Criminality,
especially extortion and intimidation by insurgents, was a serious problem.
169.  The JIC’s Key Judgments included:
“III. The Arab/Kurd dispute over control of Kirkuk and other territories is likely to
intensify in the next few months as the UN makes its recommendations on their
future administration. Street fighting and displacement of local communities could
occur with little warning, and solidify ethnic divisions in local ISF.
“IV. Intensified coalition and ISF operations have failed to eradicate Al Qaida in
Iraq (AQ-I) in Mosul. But they have greatly limited its operational effectiveness and
access to funding. AQ-I is nevertheless likely to be capable of occasional surges in
activity including high profile attacks in Iraq’s major cities for the foreseeable future.
60 Minute Cabinet Office [junior official] to McDonald, 31 July 2008, ‘Iraq Strategy Group, 28 July’.
61 JIC Assessment, 7 August 2008, ‘Iraq: Security in the North’.
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