SECOND REPORT
LIST OF CONCLUSIONS AND RECOMMENDATIONS
(a) We commend the high level of commitment
the Government has shown towards the United Nations Counter-Terrorism
Committee in the past year. We recommend that the Government consider
carefully how to ensure that the United Nations Counter-Terrorism
Committee is effective in the long run, and continues to foster
international co-operation and goodwill (paragraph 17).
(b) We recommend that, in its response
to this Report, the Government set out what further measures it
will take to to encourage and assist governments, particularly
in the Middle East and Gulf region, to stem the flow of terrorist
financing (paragraph 22).
(c) We conclude that, despite the emergence
of significant differences of opinion between European Union leaders
over the conduct of the war against terrorism, the EU has taken
some constructive steps forward in co-operation against terrorist
activities, both within Europe and in forging agreements with
third countries (paragraph 33).
(d) We conclude that Britain can work
constructively with European Union partners on some areas of foreign
policysuch as development, the ICC and Iranwhile
aligning itself more closely to the United States on policy towards
Iraq. We recommend that, in the war against terrorism and elsewhere,
the Government continue to judge each of its major partners' policies
on their own merits: the experience of the past year has demonstrated
the extent to which Britain can work with both the EU and the
US, without damaging its relationship with either (paragraph 36).
(e) We recommend that the Government set
out, in its response to this report, how NATO's new military concept
for defence against terrorism will now be implemented, and how
its adoption at the Prague summit will affect NATO's future role
in the war against terrorism (paragraph 43).
(f) We fully support the Government's
decision to align itself closely with the United States in the
war against terrorism. We conclude that this policy has enhanced
Britain's influence over current policy decisions, and has also
helped to foster the 'special relationship' in the long run (paragraph
46).
(g) We recommend that, in its response
to this Report, the Government set out its policy on targeted
killings, such as that carried out by the United States in Yemen
on 3 November 2002 (paragraph 54).
(h) We recommend that the Government inform
us, and likewise the House, if it decides to change its own nuclear
posture or learns that the United States is planning a new generation
of tactical nuclear weapons (paragraph 62).
(i) We conclude that, despite over a year
of vigorous international efforts to disrupt the network, al Qaeda
and associated organisations continue to pose a grave threat to
the United Kingdom and its interests abroad (paragraph 76).
(j) We conclude that, although the possibility
that Saddam Hussein might employ terrorist methods must be taken
seriously, there is no compelling evidence linking the Iraqi regime
to al Qaeda. Neither the British nor the US Government has thus
far provided any evidence that Iraq had any involvement in the
attacks of 11 September 2001. Until any such evidence is provided,
any military action against the Iraqi regime must therefore be
justified on grounds other than its past or current involvement
with the al Qaeda network (paragraph 86).
(k) We conclude that evidence of Iraq's
retention and continued development of weapons of mass destruction
is compelling, and a cause for considerable concern. We commend
the Government's decision to draw international attention to the
scale of Iraq's illegal weapons of mass destruction programme,
through the publication in September 2002 of Iraq's Weapons
of Mass Destruction: the Assessment of the British Government
(paragraph 96).
(l) We conclude that, given Saddam Hussein's
record of human rights abuses, he would not hesitate to use torture
and weapons of mass destruction against foreign troops and civilians
if he believed that this would benefit his regime (paragraph 100).
(m) We conclude that failure to address
the threat from Iraq's weapons of mass destruction could pose
very high risks to the security of British interests in the Middle
East and the Gulf region (paragraph 108).
(n) We commend the Government's commitment
always to work within international law, although we recognise
that international law must evolve to meet new challenges such
as the unprecedented terrorist threat. We further commend the
Foreign Secretary's commitment to strengthen the credibility of
multilateral institutionsand, in particular, the United
Nationsin pursuit of international security (paragraph
109).
(o) We urge the Government to ensure that
its efforts to address the threat from Iraq's weapons of mass
destruction do not detract in any way from those to eliminate
al Qaeda and associated terrorist groups (paragraph 110).
(p) We commend the Government's decision
to work closely with the United States, to produce a strong and
unanimous Security Council Resolution establishing an unconstrained
weapons inspections regime and demanding Iraq's full disarmament
of Weapons of Mass Destruction (paragraph 120).
(q) We conclude that the difficulties
faced by UN weapons inspectors are formidable. We urge the Government
to offer every assistance to facilitate the inspectors' work,
provided that such assistance does not compromise United Kingdom
intelligence assets (paragraph 128).
(r) We conclude that should the US, British
and other governments seek to justify military action against
Iraq for example, on an expanded doctrine of 'pre-emptive self-defence,'
there is a serious risk that this will be taken as legitimising
the aggressive use of force by other, less law-abiding states
(paragraph 154).
(s) We recommend that, in its response
to this Report, the Government set out in detail the thinking
behind its policy on the pre-emptive use of military force, and
whether this policy has been reviewed following the publication
of the United States National Security Strategy in September 2002
(paragraph 160).
(t) We conclude that the notion of 'imminence'
should be reconsidered in light of new threats to international
peace and securityregardless of whether the doctrine of
pre-emptive self-defence is a distinctively new legal development.
We recommend that the Government work to establish a clear international
consensus on the circumstances in which military action may be
taken by states on a pre-emptive basis (paragraph 161).
(u) We commend the Government's decision,
in its efforts to address the threat from the Iraqi regime, to
focus on Iraq's persistent violation of UN Security Council Resolutions.
We conclude that unless new evidence emerges that Iraq poses an
imminent threat to the security of the United Kingdom, any military
action against Iraq should be taken on the basis of Iraq's violation
of successive Security Council Resolutions, culminating to date
in UNSCR 1441 (paragraph 170).
(v) We conclude that Iraq must not be
permitted to continue to defy the authority of the United Nations.
The unanimous adoption by the UN Security Council of Resolution
1441 has made the obligation on the Iraqi regime to disarm absolutely
clear, and has given the regime a final opportunity to comply
with successive UN Security Council resolutions (paragraph 171).
(w) We further conclude that UN Security
Council Resolution 1441 would not provide unambiguous authorisation
for military action, were Iraq to fail to comply with its provisions.
We therefore recommend that, in the case of Iraq's violation of
Resolution 1441, the Government do its utmost to ensure the adoption
of a further Security Council resolution authorising the use of
"all necessary means" to enforce Iraqi disarmament (paragraph
172).
(x) We recommend that the Government clarify,
in its response to this Report, whether it believes that a further
United Nations Security Council Resolution is legally necessary
before military action is taken against Iraq (paragraph 173).
(y) We conclude that the establishment
of the rule of law and functioning representative government in
Iraq after a war would pose formidable challenges. We recommend
that the Government examine carefully the possible models for
post-conflict reconstruction in Iraq, including a United Nations
transitional authority. We recommend that, in its considerations,
the Government bear in mind the necessity for country-wide peacekeeping,
civil policing, transitional justice, and representation of all
groups in Iraqi society (paragraph 191).
(z) We recommend that the Government treat
seriously the possibility that a war with Iraq could trigger instability
in the Arab and Islamic world, and could increase the pool of
recruits for al Qaeda and associated terrorist organisations there
and in Western Europe (paragraph 200).
(aa) We commend the Foreign Secretary's
decision to examine carefully the Arab Human Development Report
2002. We conclude that addressing inter alia the problems
highlighted by its authors is important for the medium and long
term success of the war against terrorism (paragraph 209).
(bb) We recommend that, in its response
to our own Report, the FCO set out its progress towards a comprehensive
strategy for the Arab world, including an explanation of the extent
to which it is working with the Department for International Development,
the BBC World Service and the British Council on this strategy
(paragraph 210).
(cc) We conclude that the Government is
right to engage the leaders of Israel and the Palestinian Authority
in an effort to revive the Middle East peace process. We are convinced
that this policy must be pursued in parallel with international
efforts to address threats from al Qaeda and from the Iraqi regime
(paragraph 220).
(dd) A year after the collapse of the
Taliban, the stabilisation of Afghanistan and its surrounding
region continues to be a critical objective in the war against
terrorism. We urge the Government to continue and, if necessary,
to enhance its efforts to stabilise Afghanistan, and to ensure
that the lives of ordinary Afghans continue to improve (paragraph
227).
(ee) While we understand that the US government
has obtained valuable intelligence from prisoners detained at
Guantánamo Bay, Cuba, we are nonetheless concerned that
the US government continues to detain many of these prisoners
without trial. We recommend that the Government continue to press
the US government to move rapidly towards the trial of these alleged
terrorists, in accordance with international law (paragraph 238).
(ff) We recommend that the Government
supply us with further information about the seven British citizens
currently being held, including details about when and how they
can expect to be tried, and whether, if found guilty, they will
be liable to the death penalty (paragraph 239).
(gg) We recommend that, in its response
to the Report, the Government set out in detail the Cabinet Office
mechanisms for co-ordinating the "government-wide response"
to the threat from international terrorism (paragraph 241).
(hh) We recommend that the Government
publish and implement the results of its review of the travel
advice system at the earliest opportunity (paragraph 248).
(ii) We recommend that, at the earliest
possible date, the Government supply us with a full description
of the process according to which travel advice is agreed among
Government departments. Specifically, we seek details of the process
of collating information in this area; of the relationship between
the FCO and the Joint Intelligence Committee in deciding travel
advice; and full details of the organisational structure and decision-making
process within the Foreign Office, at both official and ministerial
level, for the taking of travel advice decisions and issuing them
to the public (paragraph 249).
(jj) We conclude that the Government must
continue to address with the utmost seriousness its obligation
to keep the British public informed of developments in the war
against terrorism. This, we believe, is essential to ensure the
widest possible public support for Government actions (paragraph
252).
(kk) We commend the Government's stated
commitment to keep Parliament fully informed of developments in
the war against terrorism, through statements to the House, through
regular Ministerial meetings with Select Committees, and also
through further meetings between the Prime Minister and Select
Committees. We look forward to receiving the specific dates of
these proposed meetings (paragraph 253).
(ll) We commend the Government for its
firm and committed leadership in the war against terrorism. We
conclude that Britain has contributed substantially to ensuring
that the "international coalition" remains a reality,
more than a year after the devastating terrorist attacks on the
United States (paragraph 256).
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