Assume that you have been asked by the Foreign Office to write a briefing paper justifying the 2003 invasion of Iraq. Do so.

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Chris Thomas   International Law Essay    Wednesday 11-12

Word Count – 2,788

Q. Assume that you have been asked by the Foreign Office to write a briefing paper justifying the 2003 invasion of Iraq. Do so.

In light of a multitude of events that span across three decades, it is the opinion of the British Government that immediate and definitive military action needs to be taken against the current Iraqi Regime. This document aims to justify this position focusing on the conduct of Iraq domestically and internationally. Over the past twelve years since the withdrawal from Kuwait, the Regime has openly flouted International Law, publicly refusing to comply with the terms laid down by the Cease-fire Resolution 687. The staring point for this document is the serious threat deemed to be posed against foreign interests and the overall security of the region by Weapons of Mass Destruction (WMD).

By the mid-1970’s Iraq had an effective chemical and biological warfare programme, more emphasis being put on the biological side with the outbreak of the war with Iran in the early 80’s. By 1987 a secure biological research facility had been developed at the Salman Pak site and by the mid 1990’s other civilian facilities were taken over and adapted for military research, al-Dawrah Foot and Mouth Vaccine Institute and Amariyah Sera and Vaccine Institute are names of but a few.

At the outbreak of the Gulf War we can see from Iraqi declarations to the UN that vast quantities of chemical and biological agents had been stockpiled. According to the figures submitted, 19,000 litres of botulinum toxin, 8,500 litres of anthrax, 2,200 litres of aflatoxin, 2,850 tonnes of mustard gas, 210 tonnes of tabun, 795 tonnes of sarin and cyclosarin and 3.9 tonnes of VX. What makes these numbers of particular concern is the willingness the Regime had shown to using this form of weaponry during the Iran-Iraq war. This willingness was reiterated on Friday 17th March 1988 when Iraqi warplanes dropped mustard gas and nerve agents on the Kurdish town of Halabja in Northern Iraq. It has been estimated that over 4,000 people were killed in the attack.

In light of the atrocities mentioned above and due to the unpredictable nature of the regime, it was decided by the international community to dispose of Iraq’s chemical and biological arsenal at the end of the Gulf War. This was to be achieved by the formation of UNSCOM, tasked with carrying out inspections within Iraq and disposing of these weapons, this also included lowering their ballistic missile range to 150km. In a period between 1991 and 1998 the inspectors successfully destroyed a large quantity of these weapons however due to continuing and increased harassment by the Regime they were withdrawn in 1998.

After their withdrawal from operations in the country, UNSCOM produced a report for the UN Security Council in 1999 estimating the quantity of weapons they could not account for, the numbers are substantial. Up to 360 tonnes of bulk chemical warfare agent, including 1.5 tonnes of VX nerve agent, 3,000 tonnes of precusor chemicals, approximately 300 tonnes being unique to the production of VX, enough growth media to produce three times the 8,500 litres of anthrax spores Iraq admits to having manufactured, 30,000 special munitions for the delivery of chemical and biological agents.

From the facts stated above there are a number of things we can infer about Iraq’s current position. At present the Regime has access to chemical and biological weapons in direct breach of UNSCR 687. In addition to this, past events show that great importance is attached to these weapons and that by retaining them it adds to the overall political weight held by Iraq. From past experience we can also assume that Iraq has and will continue to take steps to prevent UN inspectors from collecting evidence on WMD’s and therefore they are actively seeking to resume the production of them.

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In response to repeated questioning about the unaccounted stocks, Iraq has always claimed that any agents kept from before the Gulf War would have deteriorated. This is somewhat ironic in the light of them already having admitted to UNSCOM that they had the knowledge and capability to add stabilise, a chemical that would prevent decomposition. There has also never been any solid proof that all biological agents have been destroyed, a claim that the Regime has constantly made. This is especially alarming in relation to the figures given for unaccounted agents.

In relation to the production capability of Iraq, intelligence ...

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