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The Report of the Iraq Inquiry
Qadir told the Council that he believed “the ISF would be able to run all its own internal
security operations by 2010, but would still need outside logistical support until the end
of 2011”.
175.  On 27 August, Mr Day wrote to Mr Brown’s Assistant Private Secretary with an
update on the legal framework for UK troops.65 He reported that since Mr Prentice’s
meeting with Prime Minister Maliki, “US/Iraq negotiations have become increasingly
difficult and seem to have reached an impasse”. Prime Minister Maliki was reported
to have “fundamental concerns over Iraqi sovereignty”.
176.  The key outstanding issues were jurisdiction over MNF service personnel and
timelines for the withdrawal of combat forces. Mr Day said that UK officials and lawyers
had been undertaking the technical work to prepare for negotiations with the Iraqi
Government, but it was not possible to make substantive progress on the drafting of a
UK/Iraq framework before the final outcome of the US/Iraq process. That was unlikely
before the middle of September.
177.  Mr Day considered that once US/Iraq agreement had been reached, it should
be “reasonably straightforward” to complete a draft UK/Iraq agreement as a basis for
discussion. The aim remained to reach agreement on text by the middle of October,
in advance of Prime Minister Maliki’s proposed visit to London.
178.  Mr Day also reported that “If the US does not succeed it will focus on trying to
renew the current Chapter VII Security Council mandate”.
179.  On 29 August, Mr Browne’s Private Secretary wrote to Mr Brown’s Private
Secretary for Foreign Affairs with an update on the US proposals for military transition
in southern Iraq.66 Reports from Iraq suggested that “the US military has become
reconciled to the departure of UK ground troops from Basra by the end of May 2009”
and was working to generate the forces they believed were needed as replacements.
180.  Mr Browne had agreed that “planning on the basis of the US proposals
represented a good opportunity both to meet the Prime Minister’s intent of moving to
a fundamental change of mission in the first half of 2009 and to maintain our strategic
relationship with the US”. Transition at the end of May would enable completion of the
training of 14 Division and the handover of Basra Airport. The MOD would look to make
reductions in force levels before the end of May, but military advice was that it was
unlikely to be possible to make significant reductions before “we are able to relinquish
core functions to the US Brigade”.
181.  Mr Browne’s Private Secretary also reported that contingency planning was under
way in case agreement could not be reached on a legal basis for UK operations in Iraq,
and forces had to be withdrawn sooner.
65 Letter Day to Catsaras, 27 August 2008, ‘Legal Framework for UK Military Presence in Iraq After 2008:
Update’.
66 Letter Ferguson to Fletcher, 29 August 2008, ‘Iraq: Transition Planning for 2009’.
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