Lord Prescott staunchly defended the process by which the UK went to war. Lord Goldsmith’s machinations were discounted as irrelevant – he declared the war was legal based on UN Resolutions. That was enough for Lord Goldsmith, and that does indeed seem to be the British way of doing business. The pronouncements of Jack Scarlett [JIC] on intelligence were taken as fact, the report of the Attorney General was digital, the input from Lord Michael Boyce [Chief of the Defence Staff] was similar – if Lord Goldsmith says "legal," then it’s legal. Lord Prescott also repeatedly pointed out that the war was approved by Parliament – the biggest military decision ever approved by Parliament.
There was another piece of the story that Lord Prescott talked about without really framing it clearly. As the clock ticked down, Lord Goldsmith continued to insist on the UN Route. It became clear that they were not going to be able to get a 2nd Resolution from the Security Council at the UN. There were 250,000 Troops lined up outside Iraq to invade. And the brutal heat of the Iraqi summer loomed in the increasingly near months ahead. Hans Blix’s UNMVIC Inspectors had been in Iraq for three and a half months, finding nothing so far. Lord Prescott was obviously completely drawn up in this dramatic moment, as was Lord Goldsmith, as was Tony Blair.
Why? Would it be too difficult to wait until the Autumn? It would be too expensive to wait until the Autumn. What if Autumn came and the Inspectors were still looking? Isn’t this just another example of the UN "pussyfooting" around? The Americans would just go it alone. So with great drama, Lord Goldsmith caves in. Parliament agrees. And the UK and the US invaded [It would’ve been much cheaper to send our troops air conditioned tents, cable television, and USO shows for the summer and let UNMVIC do its job than fight a seven year war].
Like everyone else, Lord Prescott spoke as if the urgency made sense. It didn’t make a bit of sense, in retrospect or if you look at the situation at the time. To quote Sir John Holmes, UK Ambassador to France talking about the French position:
SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS: The Congress of the United States supports the efforts by the President to–
AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES: The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to–
Authorization for the Use of Military Force Against Iraq, October 2002
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“2.Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council…
“4.Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq’s obligations and will be reported to the Council for assessment in accordance with paragraphs 11 and 12 below…
“11.Directs the Executive Chairman of UNMOVIC and the Director-General of the IAEA to report immediately to the Council any interference by Iraq with inspection activities, as well as any failure by Iraq to comply with its disarmament obligations, including its obligations regarding inspections under this resolution;
“12.Decides to convene immediately upon receipt of a report in accordance with paragraphs 4 or 11 above, in order to consider the situation and the need for full compliance with all of the relevant Council resolutions in order to secure international peace and security;
United Nations Resolution 1441, November 2002
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October 23, 2002 [John Yoo] iraq-opinion-final.pdf |
AUTHORITY OF THE PRESIDENT UNDER DOMESTIC AND INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ |
The President possesses constitutional authority to use military force against Iraq to protect United States national interests. This independent constitutional authority is supplemented by congressional authorization in the form of the Authorization for Use of Military Force Against Iraq Resolution.
Using force against Iraq would be consistent with international law because it would be authorized by the United Nations Security Council or would be justified as anticipatory self-defense. |
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November 8, 2002 [John Yoo] iraq-unscr-final.pdf |
EFFECT OF A RECENT UNITED NATIONS SECURITY COUNCIL RESOLUTION ON THE AUTHORITY OF THE PRESIDENT UNDER INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ |
United Nations Security Council Resolution 1441 does not alter the legal authority, under international law, granted by existing U.N. Security Council resolutions to use force against Iraq. |
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December 7, 2002 [John Yoo] materialbreach.pdf |
WHETHER FALSE STATEMENTS OR OMISSIONS IN IRAQ’S WEAPONS OF MASS DESTRUCTION DECLARATION WOULD CONSTITUTE A "FURTHER MATERIAL BREACH" UNDER U.N. SECURITY COUNCIL RESOLUTION 1441 |
False statements or omissions in Iraq’s weapons of mass destruction declaration would by themselves constitute a "further material breach" of United Nations Security Counsel Resolution 1441. |
… the US Congress clearly mandating action through the UN, a UN Resolution that does not authorize the use of force, and three interpretations by an unknown hack neoconservative lawyer in the DOJ, apparently unreviewed by anyone of any stature. Maybe we would have invaded on that basis alone, but those of us opposing that action could have more legitimately howled at the top of our lungs about that, flushed out the infamous John Yoo more quickly, etc. Chirac said the 2nd Resolution was a trick to get the UN to legitimize a war. That trick worked on the British. They did legitimize an illegitimate war with a more public and reasoned negotiation by real lawyers. That took John Yoo off the hook somewhat. Lord Goldsmith was a much higher power that John Yoo.
LESSON: If you feel a compelling sense of urgency, sit down and ask yourself, "Is there any real urgency? What will happen if we don’t act with haste?" If the answer is "No real urgency" then look around and figure out who is trying to manipulate the situation by yelling "Fire!". In this case, the answer is obvious – Dick Cheney and his Band of Others. |
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