Iraq and weapons of mass destruction



The fifth president of Iraq, Saddam Hussein, was internationally known for his use of chemical weapons in the 1980s against Iranian and Kurdish civilians during and after the Iran–Iraq War. In the 1980s he pursued an extensive biological weapons program and a nuclear weapons program, though no nuclear bomb was built.

After the 1990-1991 Persian Gulf War, the United Nations located and destroyed large quantities of Iraqi chemical weapons and related equipment and materials throughout the early 1990s, with varying degrees of Iraqi cooperation and obstruction. In response to diminishing Iraqi cooperation with UNSCOM, the United States called for withdrawal of all UN and IAEA inspectors in 1998, resulting in Operation Desert Fox. The United States and the UK asserted that Saddam Hussein still possessed large hidden stockpiles of WMD in 2003, and that he was clandestinely procuring and producing more. Inspections by the UN to resolve the status of unresolved disarmament questions restarted from November 2002 until March 2003, under UN Security Council Resolution 1441, which demanded Saddam give "immediate, unconditional and active cooperation" with UN and IAEA inspections, shortly before his country was attacked.

During the lead-up to war in March 2003, United Nations weapons inspector Hans Blix had found no stockpiles of WMD and had made significant progress toward resolving open issues of disarmament noting the "proactive" but not always "immediate" Iraqi cooperation as called for by UN Security Council Resolution 1441. He concluded that it would take “but months” to resolve the key remaining disarmament tasks. The United States asserted this was a breach of Resolution 1441 but failed to convince the UN Security Council to pass a new resolution authorizing the use of force due to lack of evidence.

Despite being unable to get a new resolution authorizing force and citing section 3 of the Joint Resolution passed by the U.S. Congress, President George W. Bush asserted peaceful measures could not disarm Iraq of the weapons he alleged it to have and launched a second Gulf War, despite multiple dissenting opinions and questions of integrity  about the underlying intelligence. Later U.S.-led inspections agreed that Iraq had earlier abandoned its WMD programs, but asserted Iraq had an intention to pursue those programs if UN sanctions were ever lifted.

Bush later said that the biggest regret of his presidency was "the intelligence failure" in Iraq, while the Senate Intelligence Committee found in 2008 that his administration "misrepresented the intelligence and the threat from Iraq". A key CIA informant in Iraq admitted that he lied about his allegations, "then watched in shock as it was used to justify the war".

Program development 1960s - 1980s


1959 – August 17 USSR and Iraq wrote an agreement about building a nuclear power plant and established a nuclear program as part of their mutual understanding.

1968 – a Soviet supplied IRT-2000 research reactor together with a number of other facilities that could be used for radioisotope production was built close to Baghdad.

1975 – Saddam Hussein arrived in Moscow and asked about building an advanced model of an atomic power station. Moscow would approve only if the station was regulated by the International Atomic Energy Agency, but Iraq refused. Yet an agreement of co-operation was signed on April 15, which superseded the one from 1959.

After 6 months Paris agreed to sell 72 kg of 93% Uranium and built a nuclear power plant without International Atomic Energy Agency control at a price of $3 billion.

In the early 1970s, Saddam Hussein ordered the creation of a clandestine nuclear weapons program. Iraq's weapons of mass destruction programs were assisted by a wide variety of firms and governments in the 1970s and 1980s. As part of Project 922, German firms such as Karl Kobe helped build Iraqi chemical weapons facilities such as laboratories, bunkers, an administrative building, and first production buildings in the early 1980s under the cover of a pesticide plant. Other German firms sent 1,027 tons of precursors of mustard gas, sarin, tabun, and tear gasses in all. This work allowed Iraq to produce 150 tons of mustard agent and 60 tons of Tabun in 1983 and 1984 respectively, continuing throughout the decade. Five other German firms supplied equipment to manufacture botulin toxin and mycotoxin for germ warfare. In 1988, German engineers presented centrifuge data that helped Iraq expand its nuclear weapons program. Laboratory equipment and other information was provided, involving many German engineers. All told, 52% of Iraq's international chemical weapon equipment was of German origin. The State Establishment for Pesticide Production (SEPP) ordered culture media and incubators from Germany's Water Engineering Trading.

Western help with Iraq's WMD program
The United States exported support for Iraq during the Iran–Iraq war over $500 million worth of dual use exports to Iraq that were approved by the Commerce department. Among them were advanced computers, some of which were used in Iraq's nuclear program. The non-profit American Type Culture Collection and the Centers for Disease Control sold or sent biological samples of anthrax, West Nile virus and botulism to Iraq up until 1989, which Iraq claimed it needed for medical research. A number of these materials were used for Iraq's biological weapons research program, while others were used for vaccine development. For example, the Iraqi military settled on the American Type Culture Collection strain 14578 as the exclusive anthrax strain for use as a biological weapon, according to Charles Duelfer.

In the late 1980s, the British government secretly gave the arms company Matrix Churchill permission to supply parts for Saddam Hussein's weapons program, while British Industry supplied Gerald Bull as he developed the Iraqi supergun. In March 1990, a case of nuclear triggers bound for Iraq, were seized at Heathrow Airport. The Scott Report uncovered much of the secrecy that had surrounded the Arms-to-Iraq affair when it became known. The British government also financed a chlorine factory that was intended to be used for manufacturing mustard gas.

Niger provided yellowcake in 1981.

Iran–Iraq War
In 1980 the U.S. Defense Intelligence Agency filed a report stating that Iraq had been actively acquiring chemical weapons capacities for several years, which later proved to be accurate. In November 1980, two months into the Iran–Iraq War, the first reported use of chemical weapons took place when Tehran radio reported a poison gas attack on Susangerd by Iraqi forces. The United Nations reported many similar attacks occurred the following year, leading Iran to develop and deploy a mustard gas capability. By 1984, Iraq was using poison gas with great effectiveness against Iranian "human wave" attacks. Chemical weapons were used extensively against Iran during the Iran–Iraq War. On January 14, 1991, the Defense Intelligence Agency said an Iraqi agent described, in medically accurate terms, military smallpox casualties he said he saw in 1985 or 1986. Two weeks later, the Armed Forces Medical Intelligence Center reported that eight of 69 Iraqi prisoners of war whose blood was tested showed a current immunity to smallpox, which had not occurred naturally in Iraq since 1971; the same prisoners had also been inoculated for anthrax. The assumption being that Iraq used both smallpox and anthrax during this war All of this occurring while Iraq was a party to the Geneva Protocol on September 8, 1931, the Nuclear Non-Proliferation Treaty on October 29, 1969, signed the Biological Weapons Convention in 1972, but did not ratify until June 11, 1991. Iraq has not signed to the Chemical Weapons Convention.

The Washington Post reported that in 1984 the CIA secretly started providing intelligence to the Iraqi army during the Iran-Iraq War. This included information to target chemical weapons strikes. The same year it was confirmed beyond doubt by European doctors and UN expert missions that Iraq was employing chemical weapons against the Iranians. Most of these occurred during the Iran–Iraq War, but WMDs were used at least once to crush the popular uprisings against Kurds in 1991. Chemical weapons were used extensively, with more than 100,000 Iranian soldiers as victims of Saddam Hussein's chemical weapons during the eight-year war with Iraq, Iran today is the world's second-most afflicted country by weapons of mass destruction, only after Japan. The official estimate does not include the civilian population contaminated in bordering towns or the children and relatives of veterans, many of whom have developed blood, lung and skin complications, according to the Organization for Veterans. Nerve gas agents killed about 20,000 Iranian soldiers immediately, according to official reports. Of the 90,000 survivors, some 5,000 seek medical treatment regularly and about 1,000 are still hospitalized with severe, chronic conditions. Many others were hit by mustard gas. Despite the removal of Saddam Hussein and his administration by American forces, there is deep resentment and anger in Iran that it was Western nations that helped Iraq develop and direct its chemical weapons arsenal in the first place and that the world did nothing to punish Iraq for its use of chemical weapons throughout the war. For example, the United States and the UK blocked condemnation of Iraq's known chemical weapons attacks at the UN Security Council. No resolution was passed during the war that specifically criticized Iraq's use of chemical weapons, despite the wishes of the majority to condemn this use. On March 21, 1986 the United Nation Security Council recognized that "chemical weapons on many occasions have been used by Iraqi forces against Iranian forces"; this statement was opposed by the United States, the sole country to vote against it in the Security Council (the UK abstained).

On March 23, 1988 western media sources reported from Halabja in Iraqi Kurdistan, that several days before Iraq had launched a large scale chemical assault on the town. Later estimates were that 7,000 people had been killed and 20,000 wounded. The Halabja poison gas attack caused an international outcry against the Iraqis. Later that year the U.S. Senate unanimously passed the Prevention of Genocide Act of 1988, cutting off all U.S. assistance to Iraq and stopping U.S. imports of Iraqi oil. The Reagan administration opposed the bill, calling it premature, and eventually prevented it from taking effect, partly due to a mistaken DIA assessment which blamed Iran for the attack. At the time of the attack the town was held by Iranian troops and Iraqi Kurdish guerrillas allied with Tehran. The Iraqis blamed the Halabja attack on Iranian forces. This was still the position of Saddam Hussein in his December 2003 captivity. On August 21, 2006, the trial of Saddam Hussein and six codefendants, including Hassan al-Majid ("Chemical Ali"), opened on charges of genocide against the Kurds. While this trial does not cover the Halabja attack, it does cover attacks on other villages during the Iraqi "Anfal" operation alleged to have included bombing with chemical weapons.

Chemical weapon attacks
(Source: )

The 1991 Persian Gulf War
On August 2, 1990 Iraq invaded Kuwait and was widely condemned internationally. The policy of the United States on Hussein's government changed rapidly, as it was feared Saddam intended to attack other oil-rich nations in the region such as Saudi Arabia. As stories of atrocities from the occupation of Kuwait spread, older atrocities and his WMD arsenal were also given attention. Iraq's nuclear weapons program suffered a serious setback in 1981 when the Osiraq reactor, which would have been capable of breeding weapons-useable nuclear material, was bombed by Israel before it could be commissioned. David Albright and Mark Hibbs, writing for the Bulletin of the Atomic Scientists, concur with this view: there were far too many technological challenges unsolved, they say. An international coalition of nations, led by the United States, liberated Kuwait in 1991.

In the terms of the UN ceasefire set out in Security Council Resolution 686, and in Resolution 687, Iraq was forbidden from developing, possessing or using chemical, biological and nuclear weapons by resolution 686. Also proscribed by the treaty were missiles with a range of more than 150 kilometres. The UN Special Commission on weapons (UNSCOM) was created to carry out weapons inspections in Iraq, and the International Atomic Energy Agency (IAEA) was to verify the destruction of Iraq's nuclear program.

UNSCOM inspections 1991-1998
The United Nations Special Commission on Iraq (UNSCOM) was set up after the 1990 invasion of Kuwait to inspect Iraqi weapons facilities. It was headed first by Rolf Ekéus and later by Richard Butler. During several visits to Iraq by UNSCOM, weapons inspectors interviewed British-educated Iraqi biologist Rihab Rashid Taha. According to a 1999 report from the U.S. Defense Intelligence Agency, the normally mild-mannered Taha exploded into violent rages whenever UNSCOM questioned her about al-Hakam, shouting, screaming and, on one occasion, smashing a chair, while insisting that al-Hakam was a chicken-feed plant. "There were a few things that were peculiar about this animal-feed production plant", Charles Duelfer, UNSCOM's deputy executive chairman, later told reporters, "beginning with the extensive air defenses surrounding it." The facility was destroyed by UNSCOM in 1996.

In 1995, UNSCOM's principal weapons inspector, Dr. Rod Barton from Australia, showed Taha documents obtained by UNSCOM that showed the Iraqi government had just purchased 10 tons of growth medium from a British company called Oxoid. Growth media is a mixture of sugars, proteins and minerals that provides nutrients for microorganisms to grow. It can be used in hospitals and microbiology/molecular biology research laboratories. In hospitals, swabs from patients are placed in dishes containing growth medium for diagnostic purposes. Iraq's hospital consumption of growth medium was just 200 kg a year; yet in 1988, Iraq imported 39 tons of it. Shown this evidence by UNSCOM, Taha admitted to the inspectors that she had grown 19,000 litres of botulinum toxin; 8,000 litres of anthrax; 2,000 litres of aflatoxins, which can cause liver failure; Clostridium perfringens, a bacterium that can cause gas gangrene; and ricin. She also admitted conducting research into cholera, salmonella, foot and mouth disease, and camel pox, a disease that uses the same growth techniques as smallpox, but which is safer for researchers to work with. It was because of the discovery of Taha's work with camel pox that the U.S. and British intelligence services feared Saddam Hussein may have been planning to weaponize the smallpox virus. Iraq had a smallpox outbreak in 1971 and the Weapons Intelligence, Nonproliferation and Arms Control Center (WINPAC) believed the Iraqi government retained contaminated material.

UNSCOM also learned that, in August 1990, after Iraq's invasion of Kuwait, Taha's team was ordered to set up a program to weaponize the biological agents. By January 1991, a team of 100 scientists and support staff had filled 157 bombs and 16 missile warheads with botulin toxin, and 50 bombs and five missile warheads with anthrax. In an interview with the BBC, Taha denied the Iraqi government had weaponized the bacteria. "We never intended to use it", she told journalist Jane Corbin of the BBC's Panorama program. "We never wanted to cause harm or damage to anybody." However, UNSCOM found the munitions dumped in a river near al-Hakam. UNSCOM also discovered that Taha's team had conducted inhalation experiments on donkeys from England and on beagles from Germany. The inspectors seized photographs showing beagles having convulsions inside sealed containers.

The inspectors feared that Taha's team had experimented on human beings. During one inspection, they discovered two primate-sized inhalation chambers, one measuring 5 cubic meters, though there was no evidence the Iraqis had used large primates in their experiments. According to former weapons inspector Scott Ritter in his 1999 book Endgame: Solving the Iraq Crisis, UNSCOM learned that, between July 1 and August 15, 1995, 50 prisoners from the Abu Ghraib prison were transferred to a military post in al-Haditha, in the northwest of Iraq. Iraqi opposition groups say that scientists sprayed the prisoners with anthrax, though no evidence was produced to support these allegations. During one experiment, the inspectors were told, 12 prisoners were tied to posts while shells loaded with anthrax were blown up nearby. Ritter's team demanded to see documents from Abu Ghraib prison showing a prisoner count. Ritter writes that they discovered the records for July and August 1995 were missing. Asked to explain the missing documents, the Iraqi government charged that Ritter was working for the CIA and refused UNSCOM access to certain sites like Baath Party headquarters. Although Ekéus has said that he resisted attempts at such espionage, many allegations have since been made against the agency commission under Butler, charges which Butler has denied.

In April 1991 Iraq provided its first of what would be several declarations of its chemical weapons programs. Subsequent declarations submitted by Iraq in June 1992, March 1995, June 1996 came only after pressure from UNSCOM. In February 1998, UNSCOM unanimously determined that after seven years of attempts to establish the extent of Iraq’s chemical weapons programs, that Iraq had still not given the Commission sufficient information for them to conclude that Iraq had undertaken all the disarmament steps required by the UNSC resolutions concerning chemical weapons.

In August 1991 Iraq had declared to the UNSCOM biological inspection team that it did indeed have a biological weapons program but that it was for defensive purposes. Iraq then provided its first biological weapons declaration shortly after. After UNSCOM determined such declarations to be incomplete, more pressure was placed on Iraq to declare fully and completely. A second disclosure of the biological weapons came in March 1995. After UNSCOM's investigations and the discovery of inreffutable evidence, Iraq was forced to admit for the first time the existence of an offensive biological weapons program. But Iraq still denied weaponization. Further UNSCOM pressure resulted in a third prohibited biological weapons disclosure from Iraq in August 1995. Only after General Hussein Kamel al-Majid, Minister of Industry and Minerals and former Director of Iraq's Military Industrialization Corporation, with responsibility for all of Iraq's weapons programs, fled Iraq for Jordan, Iraq was forced to reveal that its biological warfare program was much more extensive than was previously admitted and that the program included weaponization. At this time Iraq admitted that it had achieved the ability to produce longer-range missiles than had previously been admitted to. At this point Iraq provides UNSCOM and IAEA with more documentation that turns out Hussein Kamel al-Majid had hidden on chicken farm. These documents gave further revelation to Iraq’s development of VX gas and its attempts to develop a nuclear weapon. More declarations would follow in June 1996 and September 1997. However, in April and July 1998, the biological weapons team and UNSCOM Executive Chairman assessed that Iraq’s declarations were as yet “unverifiable” and “incomplete and inadequate”, seven years after the first declarations were given in 1991.

In August 1998, Ritter resigned his position as UN weapons inspector and sharply criticized the Clinton administration and the UN Security Council for not being vigorous enough about insisting that Iraq's weapons of mass destruction be destroyed. Ritter also accused UN Secretary General Kofi Annan of assisting Iraqi efforts at impeding UNSCOM's work. "Iraq is not disarming", Ritter said on August 27, 1998, and in a second statement, "Iraq retains the capability to launch a chemical strike." In 1998 the UNSCOM weapons inspectors left Iraq. There is considerable debate about whether they were "withdrawn", "expelled" from the country by Iraqi officials (as alleged by George W. Bush in his "axis of evil" speech), or they chose to leave because they felt their hands were tied sufficiently to see the mission as hopeless. According to Butler himself in his book Saddam Defiant, it was U.S. Ambassador Peter Burleigh, acting on instructions from Washington, who suggested Butler pull his team from Iraq in order to protect them from the forthcoming U.S. and British airstrikes which eventually took place from December 16–19, 1998.

Between inspections: 1998-2002
In August, 1998, absent effective monitoring, Scott Ritter remarked that Iraq could "reconstitute chemical biological weapons, long-range ballistic missiles to deliver these weapons, and even certain aspects of their nuclear weaponization program."

Ritter later accused some UNSCOM personnel of spying, and he strongly criticized the Bill Clinton administration for misusing the commission's resources to eavesdrop on the Iraqi military.

In June, 1999, Ritter responded to an interviewer, saying: "When you ask the question, 'Does Iraq possess militarily viable biological or chemical weapons?' the answer is no! It is a resounding NO. Can Iraq produce today chemical weapons on a meaningful scale? No! Can Iraq produce biological weapons on a meaningful scale? No! Ballistic missiles? No! It is 'no' across the board. So from a qualitative standpoint, Iraq has been disarmed. Iraq today possesses no meaningful weapons of mass destruction capability."

In June 2000, he penned a piece for Arms Control Today entiled The Case for Iraq's Qualitative Disarmament. 2001 saw the theatrical release of his documentary on the UNSCOM weapons inspections in Iraq, In Shifting Sands: The Truth About Unscom and the Disarming of Iraq. The film was funded by an Iraqi-American businessman who, unknown to Ritter, had received Oil-for-Food coupons from the Iraqi administration.

In 2002, Scott Ritter stated that, as of 1998, 90–95% of Iraq's nuclear, biological and chemical capabilities, and long-range ballistic missiles capable of delivering such weapons, had been verified as destroyed. Technical 100% verification was not possible, said Ritter, not because Iraq still had any hidden weapons, but because Iraq had preemptively destroyed some stockpiles and claimed they had never existed. Many people were surprised by Ritter's turnaround in his view of Iraq during a period when no inspections were made. During the 2002–2003 build-up to war Ritter criticized the Bush administration and maintained that it had provided no credible evidence that Iraq had reconstituted a significant WMD capability. In an interview with Time in September 2002 Ritter said there were attempts to use UNSCOM for spying on Iraq. In doing so, he was merely confirming what had been known since 1999: according to the New York Times for Jan. 8, 1999,, "In March [1998], in a last-ditch attempt to uncover Saddam Hussein's covert weapons and intelligence networks, the United States used the United Nations inspection team to send an American spy into Baghdad to install a highly sophisticated electronic eavesdropping system."

UNSCOM encountered various difficulties and a lack of cooperation by the Iraqi government. In 1998, UNSCOM was withdrawn at the request of the United States before Operation Desert Fox. Despite this, UNSCOM's own estimate was that 90-95% of Iraqi WMDs had been successfully destroyed before its 1998 withdrawal. After that Iraq remained without any outside weapons inspectors for four years. During this time speculations arose that Iraq had actively resumed its WMD programmes. In particular, various figures in the George W. Bush administration as well as Congress went so far as to express concern about nuclear weapons.

There is dispute about whether Iraq still had WMD programs after 1998 and whether its cooperation with the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) was complete. Chief weapons inspector Hans Blix said in January 2003 that "access has been provided to all sites we have wanted to inspect" and Iraq had "cooperated rather well" in that regard, although "Iraq appears not to have come to a genuine acceptance of the disarmament." On March 7, in an address to the Security Council, Hans Blix stated: "Against this background, the question is now asked whether Iraq has cooperated "immediately, unconditionally and actively" with UNMOVIC, as is required under paragraph 9 of resolution 1441 (2002)... while the numerous initiatives, which are now taken by the Iraqi side with a view to resolving some long-standing open disarmament issues, can be seen as "active", or even "proactive", these initiatives 3–4 months into the new resolution cannot be said to constitute "immediate" cooperation. Nor do they necessarily cover all areas of relevance." Some U.S. officials understood this contradictory statement as a declaration of noncompliance.

There were no weapon inspections in Iraq for nearly four years after the UN departed from Iraq in 1998, and Iraq asserted that they would never be invited back. In addition, Saddam had issued a secret order that Iraq did not have to abide by any UN Resolution since in his view the United States had broken international law.

In 2001 Saddam stated that "we are not at all seeking to build up weapons or look for the most harmful weapons . . . however, we will never hesitate to possess the weapons to defend Iraq and the Arab nation". The International Institute for Strategic Studies in Britain published in September 2002 a review of Iraq's military capability, and concluded that Iraq could assemble nuclear weapons within months if fissile material from foreign sources were obtained. However, it concluded that without such foreign sources, it would take years at a bare minimum. The numbers were viewed as overly optimistic by many critics (such as the Federation of American Scientists and the Bulletin of the Atomic Scientists).

2003 Iraq War
Possession of WMDs was cited by the United States as the primary motivation instigating the Iraq War.

Prelude
In late 2002 Saddam Hussein, in a letter to Hans Blix, invited UN weapons inspectors back into the country. Subsequently the Security Council issued resolution 1441 authorizing new inspections in Iraq. The carefully worded UN resolution put the burden on Iraq, not UN inspectors, to prove that they no longer had weapons of mass destruction. The United States claimed that Iraq's latest weapons declaration left materials and munitions unaccounted for; the Iraqis claimed that all such material had been destroyed, something which had been stated years earlier by Iraq's highest ranking defector, Hussein Kamel al-Majid. According to reports from the previous UN inspection agency, UNSCOM, Iraq produced 600 metric tons of chemical agents, including mustard gas, VX and sarin, and nearly 25,000 rockets and 15,000 artillery shells, with chemical agents, that are still unaccounted for. In fact, in 1995, Iraq told the United Nations that it had produced at least 30,000 liters of biological agents, including anthrax and other toxins it could put on missiles, but that all of it had been destroyed.

In January 2003, United Nations weapons inspectors reported that they had found no indication that Iraq possessed nuclear weapons or an active program. Some former UNSCOM inspectors disagree about whether the United States could know for certain whether or not Iraq had renewed production of weapons of mass destruction. Robert Gallucci said, "If Iraq had [uranium or plutonium], a fair assessment would be they could fabricate a nuclear weapon, and there's no reason for us to assume we'd find out if they had." Similarly, former inspector Jonathan Tucker said, "Nobody really knows what Iraq has. You really can't tell from a satellite image what's going on inside a factory." However, Hans Blix said in late January 2003 that Iraq had "not genuinely accepted UN resolutions demanding that it disarm." He claimed there were some materials which had not been accounted for. Since sites had been found which evidenced the destruction of chemical weaponry, UNSCOM was actively working with Iraq on methods to ascertain for certain whether the amounts destroyed matched up with the amounts that Iraq had produced. In the next quarterly report, after the war, the total amount of proscribed items destroyed by UNMOVIC in Iraq can be gathered. Those include:


 * 50 deployed Al-Samoud 2 missiles
 * Various equipment, including vehicles, engines and warheads, related to the AS2 missiles
 * 2 large propellant casting chambers
 * 14 155 mm shells filled with mustard gas, the mustard gas totaling approximately 49 litres and still at high purity
 * Approximately 500 ml of thiodiglycol
 * Some 122 mm chemical warheads
 * Some chemical equipment
 * 224.6 kg of expired growth media

Scott Ritter argued that the WMDs Saddam had in his possession all those years ago, if retained, would have long since turned to harmless substances. He stated that Iraqi Sarin and tabun have a shelf life of approximately five years, VX lasts a bit longer (but not much longer), and finally he said botulinum toxin and liquid anthrax last about three years.

Legal justification


On March 17, 2003, Lord Goldsmith, Attorney General of the UK, set out his government's legal justification for an invasion of Iraq. He said that Security Council resolution 678 authorised force against Iraq, which was suspended but not terminated by resolution 687, which imposed continuing obligations on Iraq to eliminate its weapons of mass destruction. A material breach of resolution 687 would revive the authority to use force under resolution 678. In resolution 1441 the Security Council determined that Iraq was in material breach of resolution 687 because it had not fully carried out its obligations to disarm. Although resolution 1441 had given Iraq a final chance to comply, UK Attorney General Goldsmith wrote "it is plain that Iraq has failed so to comply". Most member governments of the United Nations Security Council made clear that after resolution 1441 there still was no authorization for the use of force. Indeed, at the time 1441 was passed, both the U.S. and UK representatives stated explicitly that 1441 contained no provision for military action. As the New York Times noted about the negotiations,

"'There's no 'automaticity' and this is a two-stage process, and in that regard we have met the principal concerns that have been expressed for the resolution,’ [stated then U.S. Ambassador Negroponte] ‘Whatever violation there is, or is judged to exist, will be dealt with in the council, and the council will have an opportunity to consider the matter before any other action is taken.’"

The British ambassador to the UN, Sir Jeremy Greenstock concurred, "We heard loud and clear during the negotiations the concerns about 'automaticity' and 'hidden triggers' - the concern that on a decision so crucial we should not rush into military action; that on a decision so crucial any Iraqi violations should be discussed by the Council. Let me be equally clear in response, as one of the co-sponsors of the text we have adopted: there is no 'automaticity' in this Resolution."

The UN itself never had the chance to declare that Iraq had failed to take its "final opportunity" to comply as the U.S. invasion made it a moot point. American President George W. Bush stated that Saddam Hussein had 48 hours to step down and leave Iraq. As the deadline approached, the United States announced that forces would be sent to verify his disarmament and a transition to a new government.

Coalition expanded intelligence
On May 30, 2003, Paul Wolfowitz stated in an interview with Vanity Fair magazine that the issue of weapons of mass destruction was the point of greatest agreement among Bush's team among the reasons to remove Saddam Hussein from power. He said, "The truth is that for reasons that have a lot to do with the U.S. government bureaucracy, we settled on the one issue that everyone could agree on, which was weapons of mass destruction as the core reason, but, there have always been three fundamental concerns. One is weapons of mass destruction, the second is support for terrorism, the third is the criminal treatment of the Iraqi people. Actually I guess you could say there's a fourth overriding one which is the connection between the first two."

In an interview with BBC in June 2004, David Kay, former head of the Iraq Survey Group, made the following comment:


 * "Anyone out there holding – as I gather Prime Minister Blair has recently said –  the prospect that, in fact, the Iraq Survey Group is going to unmask actual weapons of mass destruction, [is] really delusional."

In 2002, Scott Ritter, a former UNSCOM weapons inspector heavily criticized the Bush administration and media outlets for using the testimony of alleged former Iraqi nuclear scientist Khidir Hamza, who defected from Iraq in 1994, as a rationale for invading Iraq; We seized the entire records of the Iraqi Nuclear program, especially the administrative records. We got a name of everybody, where they worked, what they did, and the top of the list, Saddam's "Bombmaker" [which was the title of Hamza's book, and earned the nickname afterwards] was a man named Jafar Dhia Jafar, not Khidir Hamza, and if you go down the list of the senior administrative personnel you will not find Hamza's name in there. In fact, we didn't find his name at all. Because in 1990, he didn't work for the Iraqi nuclear program. He had no knowledge of it because he worked as a kickback specialist for Hussein Kamel in the Presidential Palace.

He goes into northern Iraq and meets up with Ahmad Chalabi. He walks in and says, I'm Saddam's "Bombmaker". So they call the CIA and they say, "We know who you are, you're not Saddam's 'Bombmaker', go sell your story to someone else." And he was released, he was rejected by all intelligence services at the time, he's a fraud.

And here we are, someone who the CIA knows is a fraud, the US Government knows is a fraud, is allowed to sit in front of the United States Senate Committee on Foreign Relations and give testimony as a expert witness. I got a problem with that, I got a problem with the American media, and I've told them over and over and over again that this man is a documentable fraud, a fake, and yet they allow him to go on CNN, MSNBC, CNBC, and testify as if he actually knows what he is talking about.

On June 4, 2003, U.S. Senator Pat Roberts announced that the U.S. Select Committee on Intelligence that he chaired would, as a part of its ongoing oversight of the intelligence community, conduct a Review of intelligence on Iraqi weapons of mass destruction. On July 9, 2004, the Committee released the Senate Report of Pre-war Intelligence on Iraq. On July 17, 2003, the British Prime Minister Tony Blair said in an address to the U.S. Congress, that history would forgive the United States and United Kingdom, even if they were wrong about weapons of mass destruction. He still maintained that "with every fiber of instinct and conviction" Iraq did have weapons of mass destruction.

On February 3, 2004, British Foreign Secretary Jack Straw announced an independent inquiry, to be chaired by Lord Butler of Brockwell, to examine the reliability of British intelligence relating to alleged weapons of mass destruction in Iraq. The Butler Review was published July 14, 2004.

In the buildup to the 2003 war, the New York Times published a number of stories claiming to prove that Iraq possessed WMD. One story in particular, written by Judith Miller helped persuade the American public that Iraq had WMD: in September 2002 she wrote about an intercepted shipment of aluminum tubes which the NYT said were to be used to develop nuclear material. It is now generally understood that they were not intended (or well suited) for that purpose but rather for artillery rockets. The story was followed up with television appearances by Colin Powell, Donald Rumsfeld and Condoleezza Rice all pointing to the story as part of the basis for taking military action against Iraq. Miller's sources were introduced to her by Ahmed Chalabi, an Iraqi exile favorable to a U.S. invasion of Iraq. Miller is also listed as a speaker for The Middle East Forum, an organization which openly declared support for an invasion. In May 2004 the New York Times published an editorial which stated that its journalism in the build up to war had sometimes been lax. It appears that in the cases where Iraqi exiles were used for the stories about WMD were either ignorant as to the real status of Iraq's WMD or lied to journalists to achieve their own ends.

Despite the intelligence lapse, Bush stood by his decision to invade Iraq stating: "But what wasn't wrong was Saddam Hussein had invaded a country, he had used weapons of mass destruction, he had the capability of making weapons of mass destruction, he was firing at our pilots. He was a state sponsor of terror. Removing Saddam Hussein was the right thing for world peace and the security of our country."

In a speech before the World Affairs Council of Charlotte, NC, on April 7, 2006, President Bush stated that he "fully understood that the intelligence was wrong, and [he was] just as disappointed as everybody else" when U.S. troops failed to find weapons of mass destruction in Iraq.

Intelligence shortly before the 2003 invasion of Iraq was heavily used as support arguments in favor of military intervention, with the October 2002 C.I.A. report on Iraqi WMDs considered to be the most reliable one available at that time.

"According to the CIA's report, all U.S. intelligence experts agree that Iraq is seeking nuclear weapons. There is little question that Saddam Hussein wants to develop nuclear weapons." Senator John Kerry (D-Mass.) - Congressional Record, October 9, 2002

On May 29, 2003, Andrew Gilligan appears on the BBC's Today program early in the morning. Among the contentions he makes in his report are that the government "ordered (the September Dossier, a British Government dossier on WMD) to be sexed up, to be made more exciting, and ordered more facts to be...discovered." The broadcast is not repeated.

On May 27, 2003, a secret Defense Intelligence Agency fact-finding mission in Iraq reported unanimously to intelligence officials in Washington that two trailers captured in Iraq by Kurdish troops "had nothing to do with biological weapons." The trailers had been a key part of the argument for the 2003 invasion; Secretary of State Colin Powell had told the United Nations Security Council, "We have firsthand descriptions of biological weapons factories on wheels and on rails. We know what the fermenters look like. We know what the tanks, pumps, compressors and other parts look like." The Pentagon team had been sent to investigate the trailers after the invasion. The team of experts unanimously found "no connection to anything biological"; one of the experts told reporters that they privately called the trailers "the biggest sand toilets in the world." The report was classified, and the next day, the CIA publicly released the assessment of its Washington analysts that the trailers were "mobile biological weapons production." The White House continued to refer to the trailers as mobile biological laboratories throughout the year, and the Pentagon field report remained classified. It is still classified, but a Washington Post report of April 12, 2006 disclosed some of the details of the report. According to the Post:
 * A spokesman for the DIA asserted that the team's findings were neither ignored nor suppressed, but were incorporated in the work of the Iraqi Survey Group, which led the official search for Iraqi weapons of mass destruction. The survey group's final report in September 2004 – 15 months after the technical report was written –  said the trailers were "impractical" for biological weapons production and were "almost certainly intended" for manufacturing hydrogen for weather balloons. "[No] one in this country probably was more surprised than I when weapons of mass destruction were not used against our troops as they moved toward Baghdad." General Tommy Franks December 2, 2005.

On February 6, 2004, U.S. President George W. Bush named an Iraq Intelligence Commission, chaired by Charles Robb and Laurence Silberman, to investigate U.S. intelligence, specifically regarding the 2003 invasion of Iraq and Iraq's weapons of mass destruction. On February 8, 2004, Dr Hans Blix, in an interview on BBC TV, accused the U.S. and UK governments of dramatising the threat of weapons of mass destruction in Iraq, in order to strengthen the case for the 2003 war against the government of Saddam Hussein.

Iraq Survey Group
On May 30, 2003, The U.S. Department of Defense briefed the media that it was ready to formally begin the work of the Iraq Survey Group (ISG), a fact finding mission from the coalition of the Iraq occupation into the WMD programs developed by Iraq, taking over from the British-American 75th Exploitation Task Force.

On October 6, 2004, the head of the Iraq Survey Group (ISG), Charles Duelfer, announced to the U.S. Senate Armed Services Committee that the group found no evidence that Iraq under Saddam Hussein had produced and stockpiled any weapons of mass destruction since 1991, when UN sanctions were imposed.

Various nuclear facilities, including the Baghdad Nuclear Research Facility and Tuwaitha Nuclear Research Center, were found looted in the month following the invasion. (Gellman, May 3, 2003) On June 20, 2003, the International Atomic Energy Agency reported that tons of uranium, as well as other radioactive materials such as thorium, had been recovered, and that the vast majority had remained on site. There were several reports of radiation sickness in the area. It has been suggested that the documents and suspected weapons sites were looted and burned in Iraq by looters in the final days of the war.

On May 2, 2004, a shell containing mustard gas was found in the middle of a street west of Baghdad. The Iraq Survey Group investigation reported that it had been previously "stored improperly", and thus the gas was "ineffective" as a useful chemical agent. Officials from the Defense Department commented that they were not certain if use was to be made of the device as a bomb.

On May 16, 2004, a 152 mm artillery shell was used as an improvised bomb. The shell exploded and two U.S. soldiers were treated for minor exposure to a nerve agent (nausea and dilated pupils). On May 18 it was reported by U.S. Department of Defense intelligence officials that tests showed the two-chambered shell contained the chemical agent sarin, the shell being "likely" to have contained three to four liters of the substance (in the form of its two unmixed precursor chemicals prior to the aforementioned explosion that had not effectively mixed them). Former U.S. weapons inspector David Kay told the Associated Press that "he doubted the shell or the nerve agent came from a hidden stockpile, although he didn't rule out that possibility." Kay also considered it possible that the shell was "an old relic overlooked when Saddam said he had destroyed such weapons in the mid-1990s." It is likely that the insurgents who planted the bomb did not know it contained sarin, according to Brig. Gen. Mark Kimmitt, and another U.S. official confirmed that the shell did not have the markings of a chemical agent. The Iraq Survey Group later concluded that the shell "probably originated with a batch that was stored in a Al Muthanna CW complex basement during the late 1980s for the purpose of leakage testing."

In a July 2, 2004, article published by The Associated Press and Fox News, it was reported that sarin gas warheads dating back to the last Iran–Iraq War were found in South Central Iraq by Polish Allies. The Polish troops secured munitions on June 23, 2004, but it turned out that the warheads did not in fact contain sarin gas but "were all empty and tested negative for any type of chemicals"&mdash;and it transpired that the Poles had bought the shells for $5,000 each. The United States abandoned its search for WMDs in Iraq on January 12, 2005.

On September 30, 2004, the U.S. Iraq Survey Group Final Report concluded that "ISG has not found evidence that Saddam Husayn (sic) possessed WMD stocks in 2003, but the available evidence from its investigation—including detainee interviews and document exploitation—leaves open the possibility that some weapons existed in Iraq although not of a militarily significant capability." Among the key findings of the final ISG report were:


 * 1) "Iran was the pre-eminent motivator of [Iraq's WMD] policy. All senior level Iraqi officials considered Iran to be Iraq’s principal enemy in the region. The wish to balance Israel and acquire status and influence in the Arab world were also considerations, but secondary."
 * 2) "Saddam did not consider the United States a natural adversary, as he did Iran and Israel, and he hoped that Iraq might again enjoy improved relations with the United States, according to Tariq ‘Aziz and the presidential secretary."
 * 3) Evidence of the maturity and significance of the pre-1991 Iraqi Nuclear Program but found that Iraq's ability to reconstitute a nuclear weapons program progressively decayed after that date;
 * 4) Concealment of nuclear program in its entirety, as with Iraq's BW program. Aggressive UN inspections after Desert Storm forced Saddam to admit the existence of the program and destroy or surrender components of the program;
 * 5) After Desert Storm, Iraq concealed key elements of its program and preserved what it could of the professional capabilities of its nuclear scientific community;
 * 6) Saddam's ambitions in the nuclear area were secondary to his prime objective of ending UN sanctions; and
 * 7) A limited number of post-1995 activities would have aided the reconstitution of the nuclear weapons program once sanctions were lifted.

The report found that "The ISG has not found evidence that Saddam possessed WMD stocks in 2003, but [there is] the possibility that some weapons existed in Iraq, although not of a militarily significant capability." It also concluded that there was a possible intent to restart all banned weapons programs as soon as multilateral sanctions against it had been dropped, with Hussein pursuing WMD proliferation in the future: "There is an extensive, yet fragmentary and circumstantial, body of evidence suggesting that Saddam pursued a strategy to maintain a capability to return to WMD after sanctions were lifted..." No senior Iraqi official interviewed by the ISG believed that Saddam had forsaken WMD forever.

After he was captured by U.S. forces in Baghdad in 2003, Dr. Mahdi Obeidi, who ran Saddam's nuclear centrifuge program until 1997, handed over blueprints for a nuclear centrifuge along with some actual centrifuge components, stored at his home – buried in the front yard –  awaiting orders from Baghdad to proceed. He said, "I had to maintain the program to the bitter end." In his book, "The Bomb in My Garden", the Iraqi physicist explains that his nuclear stash was the key that could have unlocked and restarted Saddam's bombmaking program. However, it would require a massive investment and a re-creation of thousands of centrifuges in order to reconstitute a full centrifugal enrichment program.

On October 3, 2003, the world digests David Kay's Iraq Survey Group report that finds no stockpiles of WMD in Iraq, although it states the government intended to develop more weapons with additional capabilities. Weapons inspectors in Iraq do find some "biological laboratories" and a collection of "reference strains", including a strain of botulinum bacteria, "ought to have been declared to the UN." Kay testifies that Iraq had not fully complied with UN inspections. In some cases, equipment and materials subject to UN monitoring had been kept hidden from UN inspectors. "So there was a WMD program. It was going ahead. It was rudimentary in many areas", Kay would say in a later interview. In other cases, Iraq had simply lied to the UN in its weapons programs. The U.S.-sponsored search for WMD had at this point cost $300 million and was projected to cost around $600 million more.

In David Kay's statement on the interim report of the ISG the following paragraphs are found:

"We have not yet found stocks of weapons, but we are not yet at the point where we can say definitively either that such weapon stocks do not exist or that they existed before the war and our only task is to find where they have gone. We are actively engaged in searching for such weapons based on information being supplied to us by Iraqis."

"With regard to delivery systems, the ISG team has discovered sufficient evidence to date to conclude that the Iraqi regime was committed to delivery system improvements that would have, if OIF had not occurred, dramatically breached UN restrictions placed on Iraq after the 1991 Persian Gulf War." "ISG has gathered testimony from missile designers at Al Kindi State Company that Iraq has reinitiated work on converting SA-2 Surface-to-Air Missiles into ballistic missiles with a range goal of about 250 km. Engineering work was reportedly underway in early 2003, despite the presence of UNMOVIC. This program was not declared to the UN."

"ISG has developed multiple sources of testimony, which is corroborated in part by a captured document, that Iraq undertook a program aimed at increasing the HY-2's range and permitting its use as a land-attack missile. These efforts extended the HY-2's range from its original 100 km to 150–180 km. Ten modified missiles were delivered to the military prior to OIF and two of these were fired from Umm Qasr during OIF – one was shot down and one hit Kuwait."

Another notable statement is the following:

"We have discovered dozens of WMD-related program activities and significant amounts of equipment that Iraq concealed from the United Nations during the inspections that began in late 2002."

The phrase 'WMD-related program activities' was later used in George Bush's state of the union speech. Bush's critics derided Bush for unclear wording and trying to "lower the bar" on confirming his pre-war WMD-claims.

In a January 26, 2004 interview with Tom Brokaw of NBC news, Mr. Kay described Iraq's nuclear, chemical, and biological weapons programs as being in a "rudimentary" stage. He also stated that "What we did find, and as others are investigating it, we found a lot of terrorist groups and individuals that passed through Iraq." In responding to a question by Mr. Brokaw as to whether Iraq was a "gathering threat" as President Bush had asserted before the invasion, Mr. Kay answered:
 * Tom, an imminent threat is a political judgment. It’s not a technical judgment. I think Baghdad was actually becoming more dangerous in the last two years than even we realized. Saddam was not controlling the society any longer. In the marketplace of terrorism and of WMD, Iraq well could have been that supplier if the war had not intervened.

In June 2004, the United States removed 2 tons of low-enriched uranium from Iraq, sufficient raw material for a single nuclear weapon.

Since the 2003 invasion of Iraq, several reported finds of chemical weapons were announced. During the invasion itself, there were half a dozen incidents in which the U.S. military announced that it had found chemical weapons. Some cases resulted in field tests showing false-positives.

A post-war case occurred on January 9, 2004, when Icelandic munitions experts and Danish military engineers discovered 36 120-mm mortar rounds containing liquid buried in Southern Iraq. While initial tests suggested that the rounds contained a blister agent, a chemical weapon banned by the Geneva Convention, subsequent analysis by American and Danish experts showed that no chemical agent was present. It appears that the rounds have been buried, and most probably forgotten, since the Iran–Iraq War. Some of the munitions were in an advanced state of decay and most of the weaponry would likely have been unusable.

A 7 pound block of cyanide salt was discovered by U.S. military in safe-house for Abu Musab Zarqawi, an al-Qaeda affiliated terrorist residing in Iraq since prior the U.S. invasion. The poison block was discovered in a raid of the safe-house on January 23 of 2003.

Demetrius Perricos, then head of UNMOVIC, stated that the Kay report contained little information not already known by UNMOVIC. Many organizations, such as the journal Biosecurity and Bioterrorism, have claimed that Kay's report is a "worst case analysis"

Beginning in 2003, the ISG had uncovered remnants of Iraq's 1980s-era WMD programs. On June 21, 2006 Rick Santorum claimed that "we have found weapons of mass destruction in Iraq, chemical weapons", citing a declassified June 6 letter to Pete Hoekstra saying that since the 2003 invasion, a total of "approximately 500 weapons munitions which contain degraded mustard or sarin nerve agent" had been found scattered throughout the country.

The Washington Post reported that "the U.S. military announced in 2004 in Iraq that several crates of the old shells had been uncovered and that they contained a blister agent that was no longer active." It said the shells "had been buried near the Iranian border, and then long forgotten, by Iraqi troops during their eight-year war with Iran, which ended in 1988."

On July 2008, 550 metric tonnes of "yellowcake" the last major remnant of Saddam Hussein's nuclear program, a huge stockpile of concentrated natural uranium, arrived in Montreal as part of a top-secret U.S. operation. This transport of the seed material for higher-grade nuclear enrichment, included a two-week airlift from Baghdad and a voyage across two oceans. The Iraqi government sold the yellowcake to a Canadian uranium producer, Cameco Corp., in a transaction the official described as worth "tens of millions of dollars."

Captured documents
Operation Iraqi Freedom documents refers to some 48,000 boxes of documents, audiotapes and videotapes that were captured by the U.S. military during the 2003 invasion of Iraq. Many of these documents seem to make clear that Saddam's regime had given up on seeking a WMD capability by the mid-1990s. Associated Press reported, "Repeatedly in the transcripts, Saddam and his lieutenants remind each other that Iraq destroyed its chemical and biological weapons in the early 1990s, and shut down those programs and the nuclear-bomb program, which had never produced a weapon." At one 1996 presidential meeting, top weapons program official Amer Mohammed Rashid, describes his conversation with UN weapons inspector Rolf Ekeus: "We don't have anything to hide, so we're giving you all the details." At another meeting Saddam told his deputies, "We cooperated with the resolutions 100 percent and you all know that, and the 5 percent they claim we have not executed could take them 10 years to (verify). Don't think for a minute that we still have WMD. We have nothing." U.S. Congressman Peter Hoekstra called for the U.S. government to put the remaining documents on the Internet so Arabic speakers around the world can help translate the documents.

Chemical Weapons Recovered
On June 21, 2006 the U.S. House of Representatives Permanent Select Committee on Intelligence released key points from a classified report from the National Ground Intelligence Center on the recovery of a small number of degraded chemical munitions in Iraq. The report stated that "Coalition forces have recovered approximately 500 weapons munitions which contain degraded mustard or sarin nerve agent." However, all are thought to be pre-Gulf War munitions.

These munitions meet the technical definition of weapons of mass destruction, according to the commander of the National Ground Intelligence Center. "These are chemical weapons as defined under the Chemical Weapons Convention, and yes ... they do constitute weapons of mass destruction," Army Col. John Chu told the House Armed Services Committee. The munitions addressed in the report were produced in the 1980s, Maples said. Badly corroded, they could not currently be used as originally intended, though agent remaining in the weapons would be very valuable to terrorists and insurgents, Maples said.

2009 Declaration
Iraq became a member state of the Chemical Weapons Convention in 2009, declaring "two bunkers with filled and unfilled chemical weapons munitions, some precursors, as well as five former chemical weapons production facilities" according to OPCW Director General Rogelio Pfirter. No plans were announced at that time for the destruction of the material, although it was noted that the bunkers were damaged in the 2003 war and even inspection of the site must be carefully planned.

The declaration contained no surprises, OPCW spokesman Michael Luhan indicated. The production facilities were "put out of commission" by airstrikes during the 1991 conflict, while U.N. personnel afterward secured the chemical munitions in the bunkers. Luhan stated at the time: "These are legacy weapons, remnants." He declined to discuss how many weapons were stored in the bunkers or what materials they contained. The weapons were not believed to be in a usable state.

Media perception
In a study published in 2005, a group of researchers assessed the effects reports and retractions in the media had on people’s memory regarding the search for WMD in Iraq during the 2003 Iraq War. The study focused on populations in two coalition countries (Australia and USA) and one opposed to the war (Germany). Results showed that US citizens generally did not correct initial misconceptions regarding WMD, even following disconfirmation; Australian and German citizens were more responsive to retractions. Dependence on the initial source of information led to a substantial minority of Americans exhibiting false memory that WMD were indeed discovered, while they were not. This led to three conclusions:
 * 1) ''The repetition of tentative news stories, even if they are subsequently disconfirmed, can assist in the creation of false memories in a substantial proportion of people.
 * 2) ''Once information is published, its subsequent correction does not alter people's beliefs unless they are suspicious about the motives underlying the events the news stories are about.
 * 3) ''When people ignore corrections, they do so irrespective of how certain they are that the corrections occurred.

A poll conducted between June and September 2003 asked people whether they thought evidence of WMD had been discovered in Iraq since the war ended. They were also asked which media sources they relied upon. Those who obtained their news primarily from Fox News were three times as likely to believe that evidence of WMD had been discovered in Iraq than those who relied on PBS and NPR for their news, and one third more likely than those who primarily watched CBS.

Based on a series of polls taken from June–September 2003.