|
[1] [a]
..................UN Security Council Resolution 687 (relevant portions)
.......................................................................* * *
Conscious also of the statements by Iraq threatening to use
weapons in violation of its obligations under the Geneva Protocol
for the Prohibition of the Use in War of Asphyxiating, Poisonous
or Other Gases, and of Bacteriological Methods of Warfare, signed
at Geneva on 17 June 1925, and of its prior use of chemical weapons
and affirming that grave consequences would follow any further
use by Iraq of such weapons,
Recalling that Iraq has subscribed to
the Declaration adopted by all States participating in the Conference
of States Parties to the 1925 Geneva Protocol and Other Interested
States, held in Paris from 7 to 11 January 1989, establishing
the objective of universal elimination of chemical and biological
weapons,
Recalling also that Iraq has signed
the Convention on the Prohibition of the Development, Production
and Stockpiling of Bacteriological (Biological) and Toxin weapons
and on Their Destruction, of 10 April 1972,
.......................................................................* * *
Aware of the use by Iraq of ballistic missiles in unprovoked
attacks and therefore of the need to take specific measures in
regard to such missiles located in Iraq,
Concerned by the reports in the hands
of Member States that Iraq has attempted to acquire materials
for a nuclear-weapons programme contrary to its obligations under
the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July
1968,
.......................................................................* * *
Conscious of the threat that all weapons of mass destruction
pose to peace and security in the area and of the need to work
towards the establishment in the Middle East of a zone free of
such weapons,
.......................................................................* * *
Conscious of the need to take the following measures acting under
Chapter VII of the Charter,
.......................................................................* * *
8.Decides that shall unconditionally accept the destruction,
removal, or rendering harmless, under international supervision,
of:
.....a.All
chemical and biological weapons and all stocks of agents and
all related subsystems and components and all research, development,
support and manufacturing facilities;
.....b.All
ballistic missiles with a range greater than 150 kilometres and
related major parts, and repair and production facilities;
9.Decides, for the implementation of
paragraph 8 above, the following:
.....a.Iraq
shall submit to the Secretary-General, within fifteen days of
the adoption of the present resolution, a declaration of the
locations, amounts and types of all items specified in paragraph
8 and agree to urgent, on-site inspection as specified below;
......................................................................* * *
..........ii.The
yielding by Iraq of possession to the Special Commission for
destruction, removal or rendering harmless, taking into account
the requirements of public safety, of all items
specified under paragraph 8 (a) above, including items at the
additional locations designated by
the Special Commission under paragraph 9 (b) (i) above and the
destruction by Iraq, under the
supervision of the Special Commission, of all its missile capabilities,
including launchers, as
specified under paragraph 8 (b) above;
10.Decides that Iraq shall unconditionally undertake not to use,
develop, construct or acquire any of the items specified in paragraphs
8 and 9 above and requests the Secretary-General, in consultation
with the Special Commission, to develop a plan for the future
ongoing monitoring and verification of Iraq's compliance with
this paragraph. to be submitted to the Security Council for approval
within one hundred and twenty days of the passage of this resolution;
.....................................................................* * *
12.Decides that Iraq shall unconditionally agree not to acquire
or develop nuclear weapons or nuclear-weapons-usable material
or any subsystems or components or any research, development,
support or manufacturing facilities related to the above; to
submit to the Secretary-General and the Director-General of the
International Atomic Energy Agency
within fifteen days of the adoption of the present resolution
a declaration of the locations, amounts, and types of all items
specified above; to place all of its nuclear-weapons-usable materials
under the exclusive control, for custody and removal, of the
International Atomic Energy Agency, with the assistance and cooperation
of the Special Commission as provided for in the plan of the
Secretary-General discussed in paragraph 9 (b) above; to accept,
in accordance with the arrangements provided for in paragraph
13 below, urgent on-site inspection and the destruction, removal
or rendering harmless as appropriate of all items specified above;
and to accept the plan discussed in paragraph 13 below for the
future ongoing monitoring and verification of its compliance
with these undertakings;
13.Requests the Director-General of
the International Atomic Energy Agency, through the Secretary-General,
with the assistance and cooperation of the Special Commission
as
provided for in the plan of the Secretary-General in paragraph
9 (b) above, to carry out immediate on-site inspection of Iraq's
nuclear capabilities based on Iraq's declarations and the designation
of any additional locations by the Special Commission; to develop
a plan for submission to the Security Council within forty-five
days calling for the destruction, removal, or rendering harmless
as appropriate of all items listed in paragraph 12 above; to
carry out the plan within forty-five days following approval
by the Security Council; and to develop a plan, taking into account
the rights and obligations of Iraq under the Treaty on the Non-Proliferation
of Nuclear Weapons of 1 July 1968, for the future ongoing monitoring
and verification of Iraq's compliance with paragraph 12 above,
including an inventory of all nuclear material in Iraq subject
to the Agency's verification and inspections of the International
Atomic Energy Agency to confirm that the Agency's safeguards
cover all relevant nuclear activities in Iraq, to be submitted
to the Security Council for approval within one hundred and twenty
days of the passage of the present resolution;
.....................................................................* * *
34.Decides to remain seized of the matter and to take such further
steps as may be required for the implementation of the present
resolution and to secure peace and security in the area. ---------------------------------------------------------------------------------------------------------
...............................................UN Security Council Resolution 1441
[1] [b] Recalling all
its previous relevant resolutions, in particular its resolutions
661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990,
686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991)
of 5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of
11 October 1991, 986 (1995) of 14 April 1995, and 1284 (1999)
of 17 December 1999, and all the relevant statements of its president,
Recalling also its resolution 1382 (2001) of 29 November 2001
and its intention to implement it fully,
Recognizing the threat Iraq's noncompliance with council resolutions
and proliferation of weapons of mass destruction and long-range
missiles poses to international peace and security,
Recalling that its resolution 678 (1990) authorized member
states to use all necessary means to uphold and implement its
resolution 660 (1990) of 2 August 1990 and all relevant resolutions
subsequent to resolution 660 (1990) and to restore international
peace and security in the area,
Further recalling that its resolution 687 (1991) imposed obligations
on Iraq as a necessary step for achievement of its stated objective
of restoring international peace and security in the area,
Deploring the fact that Iraq has not provided an accurate,
full, final, and complete disclosure, as required by resolution
687 (1991), of all aspects of its programs to develop weapons
of mass destruction and ballistic missiles with a range greater
than 150 kilometers, and of all holdings of such weapons, their
components and production facilities and locations, as well as
all other nuclear programs, including any which it claims are
for purposes not related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate,
unconditional, and unrestricted access to sites designated by
the United Nations Special Commission (UNSCOM) and the International
Atomic Energy Agency (IAEA), failed to cooperate fully and unconditionally
with UNSCOM and IAEA weapons inspectors, as required by resolution
687 (1991), and ultimately ceased all cooperation with UNSCOM
and the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international
monitoring, inspection, and verification, as required by relevant
resolutions, of weapons of mass destruction and ballistic missiles,
in spite of the council's repeated demands that Iraq provide
immediate, unconditional, and unrestricted access to the United
Nations Monitoring, Verification and Inspection Commission (UNMOVIC),
established in resolution 1284 (1999) as the successor organization
to UNSCOM, and the IAEA, and regretting the consequent prolonging
of the crisis in the region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to comply
with its commitments pursuant to resolution 687 (1991) with regard
to terrorism, pursuant to resolution 688 (1991) to end repression
of its civilian population and to provide access by international
humanitarian organizations to all those in need of assistance
in Iraq, and pursuant to resolutions 686 (1991), 687 (1991),
and 1284 (1999) to return or cooperate in accounting for Kuwaiti
and third country nationals wrongfully detained by Iraq, or to
return Kuwaiti property wrongfully seized by Iraq,
Recalling that in its resolution 687 (1991) the council declared
that a ceasefire would be based on acceptance by Iraq of the
provisions of that resolution, including the obligations on Iraq
contained therein,
Determined to ensure full and immediate compliance by Iraq
without conditions or restrictions with its obligations under
resolution 687 (1991) and other relevant resolutions and recalling
that the resolutions of the council constitute the governing
standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the
successor organization to the Special Commission, and the IAEA,
is essential for the implementation of resolution 687 (1991)
and other relevant resolutions,
Noting the letter dated 16 September 2002 from the minister
for foreign affairs of Iraq addressed to the secretary-general
is a necessary first step toward rectifying Iraq's continued
failure to comply with relevant council resolutions,
Noting further the letter dated 8 October 2002 from the executive
chairman of UNMOVIC and the director general of the IAEA to General
Al-Saadi of the government of Iraq laying out the practical arrangements,
as a follow-up to their meeting in Vienna, that are prerequisites
for the resumption of inspections in Iraq by UNMOVIC and the
IAEA, and expressing the gravest concern at the continued failure
by the government of Iraq to provide confirmation of the arrangements
as laid out in that letter,
Reaffirming the commitment of all member states to the sovereignty
and territorial integrity of Iraq, Kuwait, and the neighboring
states,
Commending the secretary-general and the members of the League
of Arab States and its secretary-general for their efforts in
this regard,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that Iraq has been and remains in material breach
of its obligations under relevant resolutions, including resolution
687 (1991), in particular through Iraq's failure to cooperate
with United Nations inspectors and the IAEA, and to complete
the actions required under paragraphs 8 to 13 of resolution 687
(1991);
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;
3. Decides that, in order to begin to comply with its disarmament
obligations, in addition to submitting the required biannual
declarations, the government of Iraq shall provide to UNMOVIC,
the IAEA, and the council, not later than 30 days from the date
of this resolution, a currently accurate, full, and complete
declaration of all aspects of its programs to develop chemical,
biological, and nuclear weapons, ballistic missiles, and other
delivery systems such as unmanned aerial vehicles and dispersal
systems designed for use on aircraft, including any holdings
and precise locations of such weapons, components, sub-components,
stocks of agents, and related material and equipment, the locations
and work of its research, development and production facilities,
as well as all other chemical, biological, and nuclear programs,
including any which it claims are for purposes not related to
weapon production or material;
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 paragraph 11 and 12 below;
5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate,
unimpeded, unconditional, and unrestricted access to any and
all, including underground, areas, facilities, buildings, equipment,
records, and means of transport which they wish to inspect, as
well as immediate, unimpeded, unrestricted, and private access
to all officials and other persons whom UNMOVIC or the IAEA wish
to interview in the mode or location of UNMOVIC's or the IAEA's
choice pursuant to any aspect of their mandates; further decides
that UNMOVIC and the IAEA may at their discretion conduct interviews
inside or outside of Iraq, may facilitate the travel of those
interviewed and family members outside of Iraq, and that, at
the sole discretion of UNMOVIC and the IAEA, such interviews
may occur without the presence of observers from the Iraqi government;
and instructs UNMOVIC and requests the IAEA to resume inspections
no later than 45 days following adoption of this resolution and
to update the council 60 days thereafter;
6. Endorses the 8 October 2002 letter from the executive chairman
of UNMOVIC and the director general of the IAEA to General Al-Saadi
of the government of Iraq, which is annexed hereto, and decides
that the contents of the letter shall be binding upon Iraq;
7. Decides further that, in view of the prolonged interruption
by Iraq of the presence of UNMOVIC and the IAEA and in order
for them to accomplish the tasks set forth in this resolution
and all previous relevant resolutions and notwithstanding prior
understandings, the council hereby establishes the following
revised or additional authorities, which shall be binding upon
Iraq, to facilitate their work in Iraq:
.....--UNMOVIC and the IAEA shall
determine the composition of their inspection teams and ensure
that these teams are composed of the most qualified and experienced
experts available;
.....--All UNMOVIC and IAEA personnel
shall enjoy the privileges and immunities provided in the Convention
on Privileges and Immunities of the United Nations and the Agreement
on the Privileges and Immunities of the IAEA;
.....--UNMOVIC and the IAEA shall
have unrestricted rights of entry into and out of Iraq, the right
to free, unrestricted, and immediate movement to and from inspection
sites, and the right to inspect any sites and buildings, including
immediate, unimpeded, unconditional, and unrestricted access
to presidential sites equal to that at other sites, notwithstanding
the
provisions of resolution 1154 (1998);
.....---UNMOVIC and the IAEA shall
have the right to be provided by Iraq the names of all personnel
currently and formerly associated with Iraq's chemical, biological,
nuclear, and ballistic missile programs and the associated research,
development, and production facilities;
Security of UNMOVIC and IAEA facilities shall be ensured by
sufficient U.N. security guards:
.....--UNMOVIC and the IAEA shall
have the right to declare for the purposes of freezing a site
to be inspected, exclusion zones, including surrounding areas
and transit corridors, in which Iraq will suspend ground and
aerial movement so that nothing is changed in or taken out of
a site being inspected;
.....--UNMOVIC and the IAEA shall
have the free and unrestricted use and landing of fixed and rotary
winged aircraft, including manned and unmanned reconnaissance
vehicles:
.....--UNMOVIC and the IAEA shall
have the right at their sole discretion verifiably to remove,
destroy, or render harmless all prohibited weapons, subsystems,
components, records, materials, and other related items, and
the right to impound or close any facilities or equipment for
the production thereof; and
.....--UNMOVIC and the IAEA shall
have the right to free import and use of equipment or materials
for inspections and to seize and export any equipment, materials,
or documents taken during inspections, without search of UNMOVIC
or IAEA personnel or official or personal baggage;
8. Decides further that Iraq shall not take or threaten hostile
acts directed against any representative or personnel of the
United Nations or of any member state taking action to uphold
any council resolution;
9. Requests the secretary-general immediately to notify Iraq
of this resolution, which is binding on Iraq; demands that Iraq
confirm within seven days of that notification its intention
to comply fully with this resolution; and demands further that
Iraq cooperate immediately, unconditionally, and actively with
UNMOVIC and the IAEA;
10. Requests all member states to give full support to UNMOVIC
and the IAEA in the discharge of their mandates, including by
providing any information related to prohibited programs or other
aspects of their mandates; including on Iraqi attempts since
1998 to acquire prohibited items, and by recommending sites to
be inspected, persons to be interviewed, conditions of such interviews,
and data to be collected, the results of which shall be reported
to the council by UNMOVIC and the IAEA;
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;
13. Recalls, in that context, that the council has repeatedly
warned Iraq that it will face serious consequences as a result
of its continued violations of its obligations;
14. Decides to remain seized of the matter. |
[1] [c]..........................United
Nations Security Council 4644th meeting
........................................Friday, 8 November 2002, 10 a.m. New York
..............................................Provisional Document No: S/PV.4644
...............................................Click
here: scroll to/click S/PV.4644 |
|
[2]....................................................................Annex
Text of Blix/El-Baradei letter to:
H.E. General Amir H. Al-Saadi, Advisor
Presidential Office, Baghdad, Iraq
[from]
United Nations Monitoring, Verification and Inspection Commission
The Executive Chairman
International Atomic Energy Agency
The Director General
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical
arrangements that are prerequisites for the resumption of inspections
in Iraq by UNMOVIC and the IAEA. As you recall, at the end of
our meeting in Vienna we agreed on a statement which listed some
of the principal results achieved, particularly Iraq’s acceptance
of all the rights of inspection provided for in all of the relevant
Security Council resolutions. This acceptance was stated to be
without any conditions attached.
During our 3 October 2002 briefing to the Security Council,
members of the Council suggested that we prepare a written document
on all of the conclusions we reached in Vienna. This letter lists
those conclusions and seeks your confirmation thereof. We shall
report accordingly to the Security Council.
In the statement at the end of the meeting, it was clarified
that UNMOVIC and the IAEA will be granted immediate, unconditional
and unrestricted access to sites, including what was termed “sensitive
sites” in the past. As we noted, however, eight presidential
sites have been the subject of special procedures under a Memorandum
of Understanding of 1998. Should these sites be subject, as all
other sites, to immediate, unconditional and unrestricted access,
UNMOVIC and the IAEA would conduct inspections there with the
same professionalism.
We confirm our understanding that UNMOVIC and the IAEA have
the right to determine the number of inspectors required for
access to any particular site. This determination will be made
on the basis of the size and complexity of the site being inspected.
We also confirm that Iraq will be informed of the designation
of additional sites, i.e. sites not declared by Iraq or previously
inspected by either NSCOM or the IAEA, through a Notification
of Inspection (NIS) provided upon arrival of the inspectors at
such sites.
Iraq will ensure that no proscribed material, equipment, records
or other relevant items will be destroyed except in the presence
of UNMOVIC and/or IAEA inspectors, as appropriate, and at their
request.
UNMOVIC and the IAEA may conduct interviews with any person
in Iraq whom they believe may have information relevant to their
mandate. Iraq will facilitate such interviews. It is for UNMOVIC
and the IAEA to choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as in the
past, serve as the Iraqi counterpart for the inspectors. The
Baghdad Ongoing Monitoring and Verification Centre (BOMVIC) will
be maintained on the same premises and under the same conditions
as was the former Baghdad Monitoring and Verification Centre.
The NMD will make available services as before, cost free, for
the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate
access to sites to be inspected and communication with personnel
to be interviewed; (b) a hotline for BOMVIC which will be staffed
by an English speaking person on a 24 hour a day/seven days a
week basis; (c) support in terms of personnel and ground transportation
within the country, as requested; and (d) assistance in the movement
of materials and equipment at inspectors’ request (construction,
excavation equipment, etc.). NMD will also ensure that escorts
are available in the event of inspections outside normal working
hours, including at night and on holidays.
Regional UNMOVIC/IAEA offices may be established, for example,
in Basra and Mosul, for the use of their inspectors. For this
purpose, Iraq will provide, without cost, adequate office buildings,
staff accommodation, and appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or data transmission,
including satellite and/or inland networks, with or without encryption
capability. UNMOVIC and the IAEA may also install equipment in
the field with the capability for transmission of data directly
to the BOMVIC, New York and Vienna (e.g. sensors, surveillance
cameras). This will be facilitated by Iraq and there will be
no interference by Iraq with UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all
surveillance equipment, and construct antennae for remote transmission
of data, at the request of UNMOVIC and the IAEA. Upon request
by UNMOVIC through the NMD, Iraq will allocate frequencies for
communications equipment.
Iraq will provide security for all UNMOVIC and IAEA personnel.
Secure and suitable accommodations will be designated at normal
rates by Iraq for these personnel. For their part, UNMOVIC and
the IAEA will require that their staff not stay at any accommodation
other than those identified in consultation with Iraq.
On the use of fixed-wing aircraft for transport of personnel
and equipment and for inspection purposes, it was clarified that
aircraft used by UNMOVIC and IAEA staff arriving in Baghdad may
land at Saddam International Airport. The points of departure
of incoming aircraft will be decided by UNMOVIC. The Rasheed
airbase will continue to be used for UNMOVIC and IAEA helicopter
operations. UNMOVIC and Iraq will establish air liaison offices
at the airbase. At both Saddam International Airport and Rasheed
airbase, Iraq will provide the necessary support premises and
facilities. Aircraft fuel will be provided by Iraq, as before,
free of charge.
On the wider issue of air operations in Iraq, both fixed-wing
and rotary, Iraq will guarantee the safety of air operations
in its air space outside the no-fly zones. With regard to air
operations in the no-fly zones, Iraq will take all steps within
its control to ensure the safety of such operations.
Helicopter flights may be used, as needed, during inspections
and for technical activities, such as gamma detection, without
limitation in all parts of Iraq and without any area excluded.
Helicopters may also be used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume
the use of U-2 or Mirage verflights. The relevant practical arrangements
would be similar to those implemented in the past.
As before, visas for all arriving staff will be issued at
the point of entry on the basis of the UN Laissez-Passer or UN
Certificate; no other entry or exit formalities will be required.
The aircraft passenger manifest will be provided one hour in
advance of the arrival of the aircraft in Baghdad. There will
be no searching of UNMOVIC or IAEA personnel or of official or
personal baggage. UNMOVIC and the IAEA will ensure that their
personnel respect the laws of Iraq restricting the export of
certain items, for example, those related to Iraq’s national
cultural heritage. UNMOVIC and the IAEA may bring into, and remove
from, Iraq all of the items and materials they require, including
satellite phones and other equipment. With respect to samples,
UNMOVIC and IAEA will, where feasible, split samples so that
Iraq may receive a portion while another portion is kept for
reference purposes. Where appropriate, the organizations will
send the samples to more than one laboratory for analysis.
We would appreciate your confirmation of the above as a correct
reflection of our talks in Vienna.
Naturally, we may need other practical arrangements when proceeding
with inspections. We would expect in such matters, as with the
above, Iraq’s co-operation in all respect.
Yours sincerely,
(Signed)
Hans Blix Mohamed ElBaradei
Executive Chairman Director General
United Nations Monitoring, International Atomic Energy Agency
Verification and Inspection Commission |
|
[3].......................Letter Dated 13 November 2002 from the Secretary-General
................................Addressed to the President of the Security Council
.......................from the Minister for Foreign Affairs of the
Republic of Iraq,
.................................................His Excellency Mr. Naji Sabri.
....................................................UN
Document S/2002/1242
............................UN
Translation of Iraqi Letter "Accepting" UNSC Res.1441
.............................................................Click
here, then click S/2002/1242 |
[4]......................................F.
Kirgis, Security Council Resolution 1441 on
....................Iraq's
Final Opportunity to Comply with Disarmament Obligations,
..........................................ASIL
Flash Insight No. 92 (Nov. 14, 2002)
................................................................Click
here. |
[5] ............................................................US
Law
..................................[a] 1973 War Powers Resolution:
click
here.
..................................[b] 2001 Joint Resolution on Iraq:
click here. |
|
[6] ...............Letter dated 25 November 2002 from the Secretary-General
..........................addressed to the President of the Security Council
.......................conveying attached letter, dated 23 November
2002, from
.............H.E. Mr. Naji Sabri, Minister for Foreign Affairs
of the Republic of Iraq
.....................................................UN Doc. S/2002/1294
.....I
have the honour to convey the attached letter, dated 23 November
2002, from H.E. Mr. Naji Sabri, Minister for Foreign Affairs
of the Republic of Iraq. I should be grateful if you would have
this letter circulated as a document of the Security Council.
.......................................................................................(Signed) Kofi
A. Annan
.....-------------------------------------------------------------------------------------
[Original: Arabic]
.....Further
to my letter dated 13 November 2002, in which I informed you
of the decision of the Government of the Republic of Iraq to
comply with Security Council resolution 1441 (2002) despite its
iniquitous contents, I wish to place on record our observations
on the provisions, allegations and measures contained in the
resolution that are inconsistent with international law, the
Charter of the United Nations, the relevant resolutions of the
Security Council and the relevant constitutive instruments
of organizations of the United Nations system concerning the
inspection and monitoring regime in Iraq.
1.
Before reviewing the paragraphs
of the resolution, it is essential to refer to the background
to the resolution and the circumstances under which it was issued.
The United States of America submitted the draft resolution that
was adopted on 8 November 2002 as resolution 1441 (2002) after
the entire international community had expressed its rejection
and condemnation of the desire of the United States to launch
a military attack against Iraq in order to attain its openly
declared colonial objectives of occupying the country by force
and imposing colonial domination over the entire Middle East
region.
.....The
United States accordingly changed its tactics and, rather than
trying to attain its purposes on its own, took the Security Council
as a cover for its colonialist and aggressive objectives, the
more so as it had a long history of using the Council as a cover
for its hostile intentions against Iraq since 1990. It therefore
submitted the draft resolution under the false guise of working
through the United Nations, while its real purpose of creating
pretexts for aggression against Iraq were concealed under an
international cover, as the following review of the paragraphs
of the resolution makes clear.
2.
The third preambular paragraph referred to what it called “the
threat Iraq’s non-compliance with Council resolutions and
proliferation of weapons of mass destruction ... poses to international
peace and security”. This was an attempt to impose a forced
interpretation of the concept of a threat to international peace
and security, as referred to in Article 39 of the Charter of
the United Nations, in order to
justify United States aggression against Iraq.
.....The
starting point of the paragraph is the baseless assumption of
“Iraq’s noncompliance with Council resolutions and
proliferation of weapons of mass destruction and long-range missiles”.
That is the basis for a further groundless assumption, namely
that Iraq is a threat to international peace and security. This
assumption is baseless and unsupported by any evidence; it is
Iraq that has been subjected to aggression ever since 1991, and
there is not a single nation in the world that shares the biased
view of the matter taken by the United States and the United
Kingdom. Whatever is based on a nullity is itself a nullity.
3. The fourth preambular paragraph refers to Security
Council resolution 678 (1990) which authorized Member States
to use all necessary means to implement resolution 660 (1990)
and subsequent resolutions in order to restore international
peace and security in the area.
.....This
reference creates the fallacious impression that the authorization
to use force in resolution 678 (1990) is still current. However,
that authorization ceased to be current, from the legal and practical
points of view, when Iraq withdrew from Kuwait towards the end
of February 1991, thereby fully implementing resolution 660 (1990).
The authorization has also ceased to be legally in force because
of the provisions of paragraph 33 of resolution 687 (1991), which
declared that “upon official notification by Iraq to the
Secretary-General and to the Security Council of its acceptance
of the above provisions, a formal ceasefire is effective between
Iraq and Kuwait and the Member States cooperating with Kuwait
in accordance with resolution 678 (1990))”. The required
official notification was provided on behalf of
Iraq by the Minister for Foreign Affairs in a letter dated 6
April 1991 addressed to the Secretary-General of the United Nations
and to the President of the Security Council. In paragraph 34,
which was the final paragraph of resolution 687 (1991), the Security
Council affirmed that any measures for the future use of force
against
.....Iraq
would require further authorization by the Security Council.
That paragraph provided as follows: “Decides to remain seized
of the matter and to take such further steps as may be required
for the implementation of the present resolution and to secure
peace and security in the region”. It follows that there
is no legal basis that can be invoked as authorizing the use
of force against Iraq after the formal ceasefire that was declared
by the Council and in the absence of any new authorization. There
is therefore no legal justification for reopening discussion
of resolution 678 (1990), which has been implemented and has
been superseded by resolution 687 (1991).
4.
The sixth preambular paragraph deplores what it refers to as
Iraq’s failure to provide a final and complete disclosure
of all aspects of its earlier proscribed programmes.
.....That
paragraph contradicts the facts set forth in official United
Nations documents. In paragraph 79 of document S/1997/779, the
International Atomic Energy Agency (IAEA) stated: “There
are no indications of significant discrepancies between the technically
coherent picture that has evolved of Iraq’s past programme
and the information contained in Iraq’s FFCD-F [the definitive
version of the ‘Full,
Final and Complete Declaration’] issued on 7 September 1996”.
.....In
its report issued as document S/1997/301 the Special Commission
stated the following: “The accumulated effect of the work
that has been accomplished over six years since the ceasefire
went into effect, between Iraq and the Coalition, is such that
not much is unknown about Iraq’s retained proscribed weapons
capabilities”.
5.
The seventh preambular paragraph alleges that Iraq has not cooperated
fully and unconditionally with the weapons inspectors and ultimately
ceased all such cooperation.
.....This
paragraph totally distorts the facts concerning Iraq’s cooperation:
as a consequence of its cooperation with the United Nations Special
Commission and IAEA those two bodies concluded their missions
with respect to disarmament. The IAEA report of 27 July 1998
(S/1998/694) stated in paragraph 35:
“... there are no indications of
Iraq having retained any physical capability for the indigenous
production of weapon-usable nuclear material in amounts of any
practical significance, nor any indication that Iraq has acquired
or produced weapon-usable nuclear material other than the nuclear
material verified by IAEA and removed from Iraq in accordance
with paragraph 13 of resolution 687 (1991).”
.....The
Special Commission noted in numerous reports that it had completed
the main part of its work: its report issued as document S/1995/494
stated in paragraph 29: “in the ballistic missile and chemical
weapon areas, the Commission is now confident that it has a good
overall picture of the extent of Iraq’s past programmes
and that the essential elements of its proscribed capabilities
have been disposed of.”
.....The
former Executive Chairman of the Special Commission, Ambassador
Rolf Ekéus, in a statement made on 13 January 1993, affirmed
that Iraq had implemented 95 per cent of the obligations imposed
on it. Mr. Ekéus reaffirmed that statement in an interview
with the Swedish Broadcasting Corporation on 7 September 2002.
.....Furthermore,
the report of Ambassador Celso L. N. Amorim to the Security Council
(S/1999/356) stated that the remaining disarmament issues could
be addressed within a reinforced ongoing monitoring and verification
system. In other words, the disarmament phase had in practical
terms been concluded.
6.
The eighth preambular paragraph deplored the absence, since December
1998, of inspection activities in Iraq and placed responsibility
for that on Iraq, considering that it was a reason for the prolongation
of the crisis in the region and the suffering of the Iraqi people
... !!!
.....This
paragraph misrepresents the history of events. What caused the
withdrawal of the inspectors from Iraq on 15 December 1998, thereby
bringing the inspection activities to an end for practical purposes,
was the United States of America. On the day after the inspectors’
departure, the United States and the United Kingdom carried out
a large-scale military attack against Iraq which, among other
things, targeted the sites that had been subject to the ongoing
monitoring regime and contained the sensors, cameras and their
attachments used in the monitoring operations. The Security Council
failed to take any action in the face of this unilateral use
of aggressive force against Iraq and has so far failed to assert
that country’s legitimate rights. Moreover, the United States
used the former United Nations Special Commission as an instrument
of its hostile policy towards Iraq; it used the activities of
the Special Commission to undermine Iraq’s national security,
to provide cover for aggression against it and to prolong the
unjust blockade of its people. This led ultimately to the loss
of the credibility of the Special Commission, its dissolution
and the dismissal of its Executive Chairman, Richard Butler.
The United Nations has yet to take any action to call to account
those who used United Nations bodies for purposes incompatible
with international law, the Charter of the United Nations and
the relevant resolutions of the Security Council, by spying on
Iraq and instigating crises, thereby flagrantly violating Article
100 of the Charter. Iraq has not been compensated for the damage
caused to it by the misuse of United Nations bodies to harm it.
7.
The ninth preambular paragraph accuses Iraq of terrorism and
human rights abuses and of failing to cooperate in respect of
missing persons and property. In this connection we wish to place
on record the following observations:
.....(a)
The Minister for Foreign Affairs of the Republic of Iraq sent
a letter dated 11 June 1991 to the Secretary-General of the United
Nations (S/22687) in which he fully explained Iraq’s position
on that matter. In fact, it was Iraq that had been subjected
for over 30 years to terrorism by international and regional
forces led S/2002/1294 by the United States and the United Kingdom,
which spurred them on and financed them, just as other peoples
and States were subjected, and continue to be subjected,
to the terrorism and hostility of those two countries. Iraq has
been subjected to constant hostility on a daily basis in the
form of terrorism by the United States and the United Kingdom
through the imposition of the illegal no-flight zones to the
north and south of Iraq. This aggression has also taken the form
of the new strategy of the United States of America through its
adoption of what is known as preemptive war which violates the
purposes and principles of the United Nations and is another
form of international terrorism. Moreover, the Security Council
is incapable of putting an end to the Zionist terrorism against
our heroic Palestinian people and the valiant freedom fighters,
to say nothing of the encouragement given by a permanent member
of the Security Council to the Zionist entity, enabling it to
practise terrorism, assassination and destruction. We are referring
to the United States of America and its policy that is detested
throughout the world.
.....(b)
As far as Kuwaiti property is concerned, this has been returned
to Kuwait by Iraq, ending with the Kuwaiti archive which was
handed over by the Iraqi authorities to Kuwait during the period
from 19 to 29 October 2002. As for the other allegations, Iraq’s
treasury is being plundered continuously through what is termed
compensation.
.....(c)
Iraq has cooperated fully with the States concerned ascertaining
the fate of missing Kuwaiti nationals and nationals of third
countries, and it has expressed its full willingness to cooperate
directly with Kuwait to resolve this humanitarian issue which
involves 1,137 missing Iraqis, 582 missing Kuwaitis and members
of other nationalities, and removing this issue from the tendentious
politicization perpetrated by the United States administration
which is detrimental to both sides. Iraq has been cooperating,
and continues to cooperate, with the International Committee
of the Red Cross on the grounds that it is a neutral international
party, and with the States that have files of missing persons,
thereby complying with the obligations specified in the Geneva
Convention of 1949.
8.
The tenth preambular paragraph indicates that a ceasefire under
Security Council resolution 687 (1991) would be based on Iraq’s
acceptance of the provisions of that resolution.
.....This
clause is premature and ill-intentioned; it should have referred
to the fact that Iraq accepted resolution 687 (1991) by means
of a letter from the Minister for Foreign Affairs dated 6 April
1991 and has fulfilled its obligations under the resolution.
The Security Council, however, has not fulfilled its own corresponding
obligations. Similarly, two permanent members of the Security
Council have not fulfilled their obligations and, since 1991,
have persisted, among other things, in their military aggression
against Iraq in the two illegal no-flight zones.
9.
The eleventh preambular paragraph states that the Council is
determined to ensure Iraq’s compliance with resolution 687
(1991).
.....This
negates Iraq’s compliance with its obligations under the
resolution and ignores the fact that the Security Council has
fulfilled none of its corresponding obligations, including the
obligations in paragraph 14 to free the Middle East region from
weapons of mass destruction and in paragraphs 21 and 22 concerning
the lifting of the comprehensive blockade imposed on Iraq which
is a collective punishment imposed on an entire people in violation
of the principles of the United Nations Charter, the Universal
Declaration of Human Rights, as well as of the provisions of
the Charter and of the relevant resolutions of the Security Council
concerning the need to respect the sovereignty, territorial integrity
and political independence of Iraq and to stop the daily aggression
by the United States and the United Kingdom against Iraq in the
two illegal no-flight zones. This means that the Security Council
has given in, either willingly or because it was forced to do
so, to the United States tactic whereby, whenever the world called
for a discussion of the lifting of the blockade on Iraq and the
application of paragraph 14 of Security Council resolution 687
(1991) to the Zionist entity preparatory to making the Middle
East region a zone free from weapons of mass destruction, and
the Security Council seemed likely to respond positively, the
United States resorted to attack as a means of defence, raising
issues that diverted the Security Council from its duties, and
confusing public opinion, in an attempt to have the hated xecutioner
[sic]declared guiltless and to cast the great fighter
for the humanitarian cause (Iraq) as the accused
party.
10. The thirteenth preambular paragraph indicates that
the letter dated 16 September 2002 from the Minister for Foreign
Affairs of the Republic of Iraq addressed to the Secretary-General
is a necessary first step towards rectifying Iraq’s continued
failure to comply with relevant Security Council resolutions.
.....The purpose of that paragraph
is to contradict the letter from the Secretary-General addressed
to the Security Council (S/2002/1034) which regarded Iraq’s
acceptance of the return of the inspectors as a first step towards
a comprehensive solution which would include the lifting of the
sanctions and the implementation of other provisions of the relevant
Security Council resolutions.
11. In the fourteenth preambular paragraph, the Council
takes note of the letter dated 8 October 2002 from Mr. Blix and
Mr. El-Baradei and expresses concern at the continued failure
of the Government of Iraq to provide confirmation of the arrangements
as laid out in that letter.
.....In fact, Iraq has concluded
an agreement with UNMOVIC and IAEA regarding the practical arrangements
that are prerequisites for the return of the inspectors, and
this agreement was incorporated in the joint press release issued
in Vienna on 1 October 2002. Both parties agreed in principle
that the inspectors should return to Iraq on 19 October. The
letter from Mr. Blix and Mr. El-Baradei contained things that
Mr. Blix had not asked for during the meetings in Vienna because
such things did not fall within his mandate but must be the subject
of agreements with the Secretary-General of the United Nations
and decided by the Security Council. Nevertheless, Iraq addressed
these points in its two replies to the aforementioned letter,
dated 8 and 10 October 2002, in which it affirmed that it was
not opposed to the contents of that letter.
12. It must be noted that the preambular paragraphs
focus on the imaginary threats to regional and international
peace and security allegedly posed by Iraq’s supposed weapons
of mass destruction, whereas they make no mention whatsoever
of the real dangers posed to security in the region and the rest
of the world by the considerable arsenal of nuclear, chemical
and biological weapons of mass destruction that is in the possession
of the Zionist entity, even though the establishment in the Middle
East of a zone free from weapons of mass destruction is one of
the main objectives of Security Council resolution 687 (1991),
as noted in paragraph 14 of that resolution. This paradox is
a reflection of the odious policy of double standards S/2002/1294
which the United States of America imposes on the Council insofar
as its positions and resolutions are concerned.
13. In paragraph 1 of resolution 1441 (2002) the Council
claims that Iraq has been and remains in breach of its obligations
under relevant Council resolutions.
.....Without offering a shred of
evidence, this paragraph dismisses out of hand the cooperation
Iraq displayed over eight years to secure the implementation
of the Council’s resolutions. Yet this cooperation is a
clear and established fact, as can be seen from the reports of
the former Special Commission and IAEA. The Special Commission,
speaking through its Chairman from 1993 onward, stated that it
had accomplished 95 per cent of its work. IAEA, meanwhile, has
maintained since 1992 and continues to say in its reports that
it has completed its disarmament missions and that there are
no issues pending in the area of disarmament. One may well ask
whether these two bodies could have completed the tasks entrusted
to them by Security Council resolution 687 (1991) without Iraq’s
full cooperation. What does
this mean and, further, what does it mean that the Security Council
is failing to fulfil its obligations? To Iraq and to other States
it means that the Council is in a sorry state and that, because
it is bowing to the will of the United States and British Governments,
it is pursuing a policy based on expediency and power that is
far removed from the spirit of the Charter of the United Nations.
The results are the same, regardless of whether Iraq or other
States fulfil their obligations: the Zionist entity is exempted
from any legal measures so long as it participates, along with
the United States of America, in the odious imperialist alliance
that seeks to dominate the world. Moreover, it is the United
States that has been and remains in violation of Security Council
resolutions by using the former Special Commission as a tool
for
spying on Iraq and fomenting crises, and by undermining Iraq’s
sovereignty and territorial integrity by joining with the United
Kingdom to impose illegal no-flight zones on the country. During
the past 11 years the United States and the United Kingdom have
continually launched large-scale military attacks on Iraq, undermining
its sovereignty and independence and publicly encouraging a number
of mercenary terrorists, whom they train, arm and finance to
perpetrate terrorist acts on Iraq and its people, thereby contravening
the Charter of the United Nations and the relevant resolutions
of the Security Council, all of which call for respect for Iraq’s
sovereignty, political independence and territorial integrity.
14. In paragraph 2 of the resolution the Council decides
“to afford Iraq … a final opportunity to comply with
its … obligations”.
.....This paragraph gives the erroneous
impression that the Security Council has begun to take steps
against Iraq. In fact the opposite is true. Indeed, when the
inspectors left Iraq it was discovered that some of them had
been spying on Iraq and its vital national interests while stirring
up crises; the final report of the Chairman of the now defunct
Special Commission was also used by the United States of America
and the United Kingdom to disguise their perfidious attack of
16 December 1998. Yet despite all that, Iraq has been engaging
in dialogue with the Secretary-General since February 2000 with
a view to reaching a comprehensive settlement that will ensure
the balanced and lawful implementation of Security Council resolutions,
including the fulfilment by the Council of its own obligations,
to Iraq – the lifting of the embargo and the ensuring of
respect for Iraq’s sovereignty – and to the region
– the implementation of paragraph 14 of resolution 687 (1991)
– as well as the restoration of the inspection regime aimed
at ensuring that Iraq has eliminated its weapons of mass destruction.
On 16 September 2002 Iraq agreed to the inspectors’unconditional
return, but it was the United States that prevented their return,
exerted all kinds of pressure on the members of the Security
Council and haggled with them to ensure that Security Council
resolution 1441 (2002) was adopted in order to mislead the international
community and public opinion and make them forget the great lie
put forward by the United States Government and its vassal in
order to provide pretexts and obscure the aggression being carried
out in accordance with its plans.
15. In paragraph 3 of the resolution the Council calls
upon Iraq to provide to UNMOVIC, IAEA and the Council a currently
accurate, full and complete declaration of all aspects of its
programmes to develop weapons of mass destruction as well as
other chemical, biological and nuclear programmes.
.....This paragraph is based on
the entirely unrealistic assumption that programmes for the development
of weapons of mass destruction exist in Iraq. Iraq, however,
has vehemently rejected this allegation, and the United States
of America and the United Kingdom cannot offer a single piece
of credible evidence. The Council further calls for the submission
of declarations regarding civilian programmes, without being
more specific. It also asks in this paragraph for a model report,
even though no precedent exists; this gives Council members another
pretext for questioning Iraq’s declarations and affords
an opportunity to spread untruthful allegations about Iraq’s
failure to cooperate.
16. Paragraph 4 of the resolution posits a false hypothesis,
namely that Iraq might submit declarations containing false statements
or omissions, or that it might fail to comply with the resolution.
A second false hypothesis is then posited on the basis of the
first, namely that such action would constitute a material breach
of Security Council resolutions.
.....The arbitrary judgement made
in paragraph 4 is without precedent in national and international
legislation at any time in the history of mankind. In the first
place, to consider that the supplying of false information (bearing
in mind the thousands of pages of information that must be submitted)
constitutes “a material breach” makes it perfectly
clear that the intent is to find pretexts for distorting Iraq’s
position and justify military action against that country, and
not to attain the objectives set by the Security Council. Secondly,
to consider omissions from the statements submitted as “a
material breach” means that Iraq has already been selected
as a target, whatever justification may be cited for doing so.
Viewing omissions as “a material breach” constitutes
an attempt to establish new norms of international law, something
the Security Council is not authorized to do under the Charter;
moreover, such norms are incompatible with the principles of
justice relating to legal procedures.
17. In paragraphs 5 and 6 of the resolution the Security
Council unjustifiably confers on UNMOVIC and IAEA arbitrary powers
that are in contradiction with their international status, which
requires them to uphold the sovereignty of the countries in which
they operate and to respect the laws and rules of those countries
as well as the human rights of their population in accordance
with the Charter of the United Nations. These measures, which
are unprecedented in the history of the United Nations and of
international relations and the disarmament and arms-control
processes, are actually intended to obstruct the work of the
inspectors, sow confrontation, generate a crisis of confidence
with Iraq and reopen the door to misuse of inspection activities
for purposes that have nothing to do with the objectives set
out in the Security Council resolutions.
.....The processes of disarmament
and arms control are familiar, and there are criteria established
in international conventions for attaining the goal of disarmament.
They in no way provide for such activities as the holding of
meetings with citizens of a country in that country without the
presence of representatives of their Government, the requesting
of citizens to leave their country with their families in order
for such meetings to take place in another country, the compiling
of the names of all scholars and researchers in the country,
the entry into the country of United Nations security guards
to ensure the security of the facilities provided to the inspection
teams, even though Iraq, in accordance with the law, assumes
responsibility for their safety and pays their salaries, or the
bringing in and taking out of equipment by inspectors without
notifying the State in whose territory they are operating, all
at the expense of the State in which the operation is taking
place, without any statement of expenditure being submitted and
without telling the State, once the mission is over, what has
been done with the equipment and vehicles used that are the property
of that State.
18. In paragraph 8 of the resolution the Council decides
that Iraq shall not take or threaten hostile acts directed against
any representative or personnel of the United Nations or of any
Member State taking action to uphold any Council resolution.
.....Here again, the resolution
gives a distorted picture of Iraq's cooperation. The members
of the former Special Commission and IAEA worked in Iraq for
eight years. While some of them engaged in acts of espionage,
provocation and troublemaking in contravention of United Nations
regulations and the laws of the host country, the Iraqi authorities
afforded them full protection, and they did not suffer from any
prejudice or harassment. If one considers how numerous they were
and how long they stayed in Iraq without ever experiencing any
harm, one can conclude that Iraq's past behaviour sets an example
for the world, something that cannot be said for the United States,
where international civil servants and nationals of other States
are subjected to all sorts of affronts, harassment and attacks,
and may even be
robbed or murdered.
19. In paragraph 10 the Council requests UNMOVIC and
IAEA to accept recommendations from Member States with regard
to sites to be inspected, persons to be interviewed, conditions
of such interviews, and data to be collected.
.....All this is designed to undermine
cooperation between Iraq and the UNMOVIC and IAEA inspectors
and affords certain States a pretext for interfering with their
work. It also undermines the international status of these two
bodies and makes them subject to the pressures, desires, allegations
and intentions of certain States, foremost of which the United
States of America, whose objectives serve their own interests.
At the same time these provisions do not compel the States providing
information to bear the legal, political or financial consequences
if the information they furnish is false and is intended to jeopardize
or obstruct operations.
20. In paragraph 11 of the resolution the Council directs
the two aforementioned bodies to report to it immediately what
it labels “any interference” by Iraq with inspection
activities, as well as any failure by Iraq to comply with its
obligations, including its obligations regarding inspections.
.....This paragraph does not confer
upon either UNMOVIC or IAEA the power requested to assess the
state of Iraq’s cooperation but does authorize them to report
to the Council immediately any incident whatsoever, be it something
minor, a doubt or a misunderstanding. This hardly helps to build
trust or address concrete practical problems that may arise in
the field, and thus it does not contribute to cooperation or
the attainment of the goals set.
.....The logic of this paragraph
also implies absolute good faith on the part of all members of
the inspection teams and complete bad faith on the part of the
Iraqi authorities, which totally contradicts what the international
community knows about the behaviour of many of the inspectors
of the ill-famed and now defunct Special Commission, as well
as what you yourself said in your statement of 27 June 1999 concerning
the actions of its members and the remarks made by the former
Chairman of the dissolved Commission, Mr. Ekéus, during
an interview with a Swedish radio station on 28 July 2002 (see
S/2002/982). Paragraph 11 of the resolution seeks a priori to
incite wrongdoing, to create unwarranted crises so that Iraq
can be portrayed as failing to cooperate and to provide pretexts
for attacking the country.
21. In paragraph 12 of the resolution the Council decides
to convene immediately when a situation described in paragraph
11 arises, in order to secure international peace and security.
.....By considering “any interference
by Iraq with inspection activities” to constitute a threat
to international peace and security, the Council is attempting
to provide a broad new interpretation of international peace
and security. This runs counter to the principles set out in
Article 39 of the Charter of the United Nations, particularly
when two permanent members of the Security Council are engaged
daily
in waging outright military aggression against Iraq, violating
its sovereignty and its territorial integrity, bombing its towns
and villages, without the Security Council deciding that such
acts constitute a threat to international peace and security.
A host of serious violations of international peace and security
are committed in various parts of the world, including the ongoing
Zionist aggression against the Arab territories and the possession
by the Zionist entity of weapons of mass destruction.
22. Lastly, the Council, before ending the resolution
as it began it, recalls in paragraph 13 that it has repeatedly
warned Iraq, distorting reality and threatening Iraq with war
and aggression.
.....The above-mentioned facts show
that those who pushed the Security Council to adopt resolution
1441 (2002) are aiming at objectives other than ensuring that
Iraq has not produced weapons of mass destruction. In spite of
this, and even though the resolution contains bad provisions,
we have decided to cooperate in implementing this resolution
in order to spare our people, the region and the rest of the
world from the unleashing of evil and aggression advocated by
the extremists in the United States Government, and to give the
United Nations an opportunity to implement its resolutions in
accordance with international law and the Charter. It is our
hope that the Secretariat and peace-loving States, especially
those that are permanent and non-permanent members of the Security
Council, will urge UNMOVIC and IAEA to compel their inspectors
to respect their obligations under the Charter of the United
Nations and their mandate while endeavouring to realize the purposes
of the United Nations; this will quickly show how inane are the
tendentious accusations levelled by the United States of America
against Iraq to the S/2002/1294 effect that Iraq possess weapons
of mass destruction, and it will allow the United Nations to
discharge its obligations under these resolutions in respect
of Iraq and the region in general by lifting the iniquitous embargo,
by respecting the sovereignty, security, territorial integrity
and vital national interests of Iraq, and by creating a zone
free from weapons of mass destruction in the Middle East, chiefly
through the elimination of the vast arsenal of nuclear, chemical
and biological weapons in the hands of the Zionist entity.
.....Accept, Sir, the assurances
of my highest consideration.
...............................................................................(Signed)
Naji Sabri
...............................................................................Minister
for Foreign Affairs of the Republic of Iraq |
[7] Regional Initiative on Iraq
(Egypt, Iran,.Jordan, Saudi Arabia,
Syria and Turkey):
.....Joint Declaration (January 23, 2003): click
here. |
|
[8] UNMOVIC Report (Jan.
27, 2003): click here, then click 27 Jan update |
[9] US Secretary of State Colin
Powell's Presentation to the UN Security Council
......(Feb. 5, 2003): click here (NYT on the Web, Feb. 6, 2003)
.......Registration
is free. Per article charge after two weeks. |
|
[10] Joint Declaration on Iraq:
Russia, Germany and France (February 10, 2003). Click here. |
[11] Hans Blix UNMOVIC Report
to UNSC
.....(Feb. 14, 2003): click here (source: <www.un.org>) |
[12] Conclusions of the European
Council (Feb. 17, 2003) (source: EC Home Page):
........click here, then click Full
Text (pdf file) |
[13] Secretary-General on US
Violation (Mar. 10, 2003)
........UNITED NATIONS, March 10--Secretary
General Kofi Annan warned today that if the United
.......States fails to win approval from the Security
Council for an attack on Iraq, Washington's decision
.......to act alone or outside the Council would violate
the United Nations charter. See Patrick Tyler & .......Felicity
Barringer, Annan Says U.S. Will Violate Charter if It Acts
Without Approval, NYT on .......the
Web (March 11, 2003). |
[14] UK Attorney General Clarifies
Legal Basis for Use of Force Against Iraq (Mar. 18, 2003)
........click here. |
|
[15] Advice on the Use of Force
Against Iraq.(Australia Atty
Gen. Mar. 18, 2003): click here. |
|
[16] Armed Force in Iraq
(ASIL Insight: Mar. 18, 2003): click here. |
|
[17] Letter dated 20 March
2003 from the Permanent Representative of the United States of
America to the United Nations addressed to the President of the
Security Council, S/2003/351
..........................................(UN
document available by clicking here)
Coalition forces have commenced military operations in Iraq.
These operations are necessary in view of Iraq’s continued
material breaches of its disarmament obligations under relevant
Security Council resolutions, including resolution 1441 (2002).
The operations are substantial and will secure compliance with
those obligations. In carrying out these operations, our forces
will take all reasonable precautions to avoid civilian casualties.
The actions being taken are authorized under existing Council
resolutions, including its resolutions 678 (1990) and 687 (1991).
Resolution 687 (1991) imposed a series of obligations on Iraq,
including, most importantly, extensive disarmament obligations,
that were conditions of the ceasefire established under it. It
has been long recognized and understood that a material breach
of these obligations removes the basis of the ceasefire and revives
the authority to use force under resolution 678 (1990). This
has been the basis for coalition use of force in the past and
has been accepted by the Council, as evidenced, for example,
by the Secretary-General’s public announcement in January
1993 following Iraq’s material breach of resolution 687
(1991) that coalition forces had received a mandate from the
Council to use
force according to resolution 678 (1990).
Iraq continues to be in material breach of its disarmament
obligations under resolution 687 (1991), as the Council affirmed
in its resolution 1441 (2002). Acting under the authority of
Chapter VII of the Charter of the United Nations, the Council
unanimously decided that Iraq has been and remained in material
breach of its obligations and recalled its repeated warnings
to Iraq that it will face serious consequences as a result of
its continued violations of its obligations. The resolution then
provided Iraq a “final opportunity” to comply, but
stated specifically that violations by Iraq of its obligations
under resolution 1441 (2002) to present a currently accurate,
full and complete declaration of all aspects of its weapons of
mass destruction programmes and to comply with and cooperate
fully in the implementation of the resolution would constitute
a further material breach.
The Government of Iraq decided not to avail itself of its
final opportunity under resolution 1441 (2002) and has clearly
committed additional violations. In view of Iraq’s material
breaches, the basis for the ceasefire has been removed and use
of force is authorized under resolution 678 (1990).
Iraq repeatedly has refused, over a protracted period of time,
to respond to diplomatic overtures, economic sanctions and other
peaceful means, designed to help bring about Iraqi compliance
with its obligations to disarm and to permit full inspection
of its weapons of mass destruction and related programmes. The
actions that coalition forces are undertaking are an appropriate
response. They are necessary steps to defend the United States
and the international community from the threat posed by Iraq
and to restore international peace and security in the area.
Further delay would simply allow Iraq to continue its unlawful
and threatening conduct. It is the Government of Iraq that bears
full responsibility for the serious consequences of its defiance
of the Council’s decisions.
I would be grateful if you could circulate the text of the
present letter as a document of the Security Council.
(Signed) John D. Negroponte |
|
[18] U.S.-British-Spanish
Draft Resolution (unsuccessful final attempt to obtain
second UN .......resolution, which
would have authorized war on Iraq) ["e" version: click here]:
Recalling all its previous relevant resolutions, in particular
its resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29
November 1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April
1991, 688 (1991) of 5 April 1991, 707 (1991) of 15 August 1991,
715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, and
1284 (1999) of 17 December 1999, and 1441 (2002) of 8 November
all the relevant statements of its president,
Recalling that in its resolution 687 (1991) the council declared
that a cease-fire would be based on acceptance by Iraq of the
provisions of that resolution, including the obligations on Iraq
contained therein;
Recalling that its resolution 1441 (2002), while acknowledging
that Iraq has been and remains in material breach of its obligations,
afforded Iraq a final opportunity to comply with its disarmament
obligations under relevant resolutions,
Recalling that in its resolution 1441 (2002) the council decided
that false statements or omissions in the declaration submitted
by Iraq pursuant to that resolution and failure by Iraq at any
time to comply with and cooperate fully in the implementation
of, that resolution, would constitute a further material breach,
Noting, that in that context, that in its resolution 1441
(2002), the council recalled that it has repeatedly warned Iraq
that it will face serious consequences as a result of its continued
violations of its obligations,
Noting that Iraq has submitted a declaration pursuant to its
resolution 1441 (2002) containing false statements and omissions
and has failed to comply with, and cooperate fully in the implementation
of, that resolution,
Reaffirming the commitment of all member states to the sovereignty
and territorial integrity of Iraq, Kuwait, and the neighboring
states,
Mindful of its primary responsibility under the charter of
the United Nations for the maintenance of international peace
and security,
Recognizing the threat Iraq's noncompliance with council resolutions
and proliferation of weapons of mass destruction and long-range
missiles poses to international peace and security,
Determined to secure full compliance with its decisions and
to restore international peace and security in the area,
Acting under Chapter VII of the charter of the United Nations,
Decides that Iraq has failed to take the final opportunity
afforded to it in resolution 1441 (2002).
Decides to remain seized of the matter. |
[19] Jordan J. Paust, The
U.S. as Occupying Power Over Portions of Iraq and Relevant ........Responsibilities Under the Laws
of War (April 2003): click here.
.........For an abbreviated version:
click
here. |
[20] Mary Ellen O'Connell, Addendum
to Armed Force in Iraq: Issues of Legality (April 2003):
........click here. |
[21] UNSC
Resolution 1483: Rebuilding of Iraq (May 22, 2003) click here (go to UNSC Res 2003).
.......ASIL Inisight: Frederic L. Kirgis (May 2003) click
here. |
|
[22] The Legal Status of Foreign
Economic Interests in Occupied Iraq by Pieter H.F. Bekker ASIL
.......Inisight (July 2003) click
here. |
|
[23] Iraqi Governing Council
Resolution (Aug. 14, 2003). See UN news story (Aug. 17):
click here. |
|
[24] Resolution 1511 (16 Oct.
2003) Multinational UN Force Led by US
.....The Security Council,
Reaffirming its previous resolutions on Iraq, including
resolution 1483 (2003) of 22 May 2003 and 1500 (2003) of 14 August
2003, and on threats to peace and security caused by terrorist
acts, including resolution 1373 (2001) of 28 September 2001,
and other relevant resolutions,
Underscoring that the sovereignty of Iraq resides in
the State of Iraq, reaffirming the right of the Iraqi people
freely to determine their own political future and control their
own natural resources, reiterating its resolve that the day when
Iraqis govern themselves must come quickly, and recognizing the
importance of international support, particularly that of countries
in the region, Iraq’s neighbours, and regional organizations,
in taking forward this process expeditiously,
Recognizing that international support for restoration
of conditions of stability and security is essential to the well-being
of the people of Iraq as well as to the ability of all concerned
to carry out their work on behalf of the people of Iraq, and
welcoming Member State contributions in this regard under resolution
1483 (2003),
Welcoming the decision of the Governing Council of
Iraq to form a preparatory constitutional committee to prepare
for a constitutional conference that will draft a constitution
to embody the aspirations of the Iraqi people, and urging it
to complete this process quickly,
Affirming that the terrorist bombings of the Embassy
of Jordan on 7 August 2003, of the United Nations headquarters
in Baghdad on 19 August 2003, of the Imam Ali Mosque in Najaf
on 29 August 2003, and of the Embassy of Turkey on 14 October
2003, and the murder of a Spanish diplomat on 9 October 2003
are attacks on the people of Iraq, the United Nations, and the
international community, and deploring the assassination of Dr.
Akila al-Hashimi, who died on 25 September 2003, as an attack
directed against the future of Iraq,
In that context, recalling and reaffirming the statement of
its President of 20 August 2003 (S/PRST/2003/13) and resolution
1502 (2003) of 26 August 2003,
Determining that the situation in Iraq, although improved,
continues to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Reaffirms the sovereignty and territorial integrity
of Iraq, and underscores, in that context, the temporary nature
of the exercise by the Coalition Provisional Authority (Authority)
of the specific responsibilities, authorities, and obligations
under applicable international law recognized and set forth in
resolution 1483 (2003), which will cease when an internationally
recognized, representative government established by the people
of Iraq is sworn in and assumes the responsibilities of the Authority,
inter alia through steps envisaged in paragraphs 4 through 7
and 10 below;
2. Welcomes the positive response of the international community,
in fora such as the Arab League, the Organization of the Islamic
Conference, the United Nations General Assembly, and the United
Nations Educational, Scientific and Cultural Organization, to
the establishment of the broadly representative Governing Council
as an important step towards an internationally recognized, representative
government;
3. Supports the Governing Council’s efforts to
mobilize the people of Iraq, including by the appointment of
a cabinet of ministers and a preparatory constitutional committee
to lead a process in which the Iraqi people will progressively
take control of their own affairs;
4. Determines that the Governing Council and its ministers
are the principal bodies of the Iraqi interim administration,
which, without prejudice to its further evolution, embodies the
sovereignty of the State of Iraq during the transitional period
until an internationally recognized, representative government
is established and assumes the responsibilities of the Authority;
5. Affirms that the administration of Iraq will be
progressively undertaken by the evolving structures of the Iraqi
interim administration;
6. Calls upon the Authority, in this context, to return
governing responsibilities and authorities to the people of Iraq
as soon as practicable and requests the Authority, in cooperation
as appropriate with the Governing Council and the Secretary-General,
to report to the Council on the progress being made;
7. Invites the Governing Council to provide to the
Security Council, for its review, no later than 15 December 2003,
in cooperation with the Authority and, as circumstances permit,
the Special Representative of the Secretary-General, a timetable
and a programme for the drafting of a new constitution for Iraq
and for the holding of democratic elections under that constitution;
8. Resolves that the United Nations, acting through
the Secretary-General, his Special Representative, and the United
Nations Assistance Mission in Iraq, should strengthen its vital
role in Iraq, including by providing humanitarian relief, promoting
the economic reconstruction of and conditions for sustainable
development in Iraq, and advancing efforts to restore and establish
national and local institutions for representative government;
9. Requests that, as circumstances permit, the Secretary-General
pursue the course of action outlined in paragraphs 98 and 99
of the report of the Secretary-General of 17 July 2003 (S/2003/715);
10. Takes note of the intention of the Governing Council
to hold a constitutional conference and, recognizing that the
convening of the conference will be a milestone in the movement
to the full exercise of sovereignty, calls for its preparation
through national dialogue and consensus-building as soon as practicable
and requests the Special Representative of the Secretary-General,
at the time of the convening of the conference or, as circumstances
permit, to lend the unique expertise of the United Nations to
the Iraqi people in this process of political transition, including
the establishment of electoral processes;
11. Requests the Secretary-General to ensure that the
resources of the United Nations and associated organizations
are available, if requested by the Iraqi Governing Council and,
as circumstances permit, to assist in furtherance of the programme
provided by the Governing Council in paragraph 7 above, and
encourages other organizations with expertise in this area to
support the Iraqi Governing Council, if requested;
12. Requests the Secretary-General to report to the
Security Council on his responsibilities under this resolution
and the development and implementation of a timetable and programme
under paragraph 7 above;
13. Determines that the provision of security and stability
is essential to the successful completion of the political process
as outlined in paragraph 7 above and to the ability of the United
Nations to contribute effectively to that process and the implementation
of resolution 1483 (2003), and authorizes a multinational force
under unified command to take all necessary measures to contribute
to the maintenance of security and stability in Iraq, including
for the purpose of ensuring necessary conditions for the implementation
of the timetable and programme as well as to contribute to the
security of the United Nations Assistance Mission for Iraq, the
Governing Council of Iraq and other institutions of the Iraqi
interim administration, and key humanitarian and economic infrastructure;
14. Urges Member States to contribute assistance under
this United Nations mandate, including military forces, to the
multinational force referred to in paragraph 13 above;
15. Decides that the Council shall review the requirements
and mission of the multinational force referred to in paragraph
13 above not later than one year from the date of this resolution,
and that in any case the mandate of the force shall expire upon
the completion of the political process as described in paragraphs
4 through 7 and 10 above, and expresses readiness to consider
on that occasion any future need for the continuation of the
multinational force, taking into account the views of an internationally
recognized, representative government of Iraq;
16. Emphasizes the importance of establishing effective
Iraqi police and security forces in maintaining law, order, and
security and combating terrorism consistent with paragraph 4
of resolution 1483 (2003), and calls upon Member States and international
and regional organizations to contribute to the training and
equipping of Iraqi police and security forces;
17. Expresses deep sympathy and condolences for the
personal losses suffered by the Iraqi people and by the United
Nations and the families of those United Nations personnel and
other innocent victims who were killed or injured in these tragic
attacks;
18. Unequivocally condemns the terrorist bombings of the
Embassy of Jordan on 7 August 2003, of the United Nations headquarters
in Baghdad on 19 August 2003, and of the Imam Ali Mosque in Najaf
on 29 August 2003, and of the Embassy of Turkey on 14 October
2003, the murder of a Spanish diplomat on 9 October 2003, and
the assassination of Dr. Akila al-Hashimi, who died on 25 September
2003, and emphasizes that those responsible must be brought to
justice;
19. Calls upon Member States to prevent the transit of terrorists
to Iraq, arms for terrorists, and financing that would support
terrorists, and emphasizes the importance of strengthening the
cooperation of the countries of the region, particularly neighbours
of Iraq, in this regard;
20. Appeals to Member States and the international
financial institutions to strengthen their efforts to assist
the people of Iraq in the reconstruction and development of their
economy, and urges those institutions to take immediate steps
to provide their full range of loans and other financial assistance
to Iraq, working with the Governing Council and appropriate Iraqi
ministries;
21. Urges Member States and international and regional
organizations to support the Iraq reconstruction effort initiated
at the 24 June 2003 United Nations Technical Consultations, including
through substantial pledges at the 23-24 October 2003 International
Donors Conference in Madrid;
22. Calls upon Member States and concerned organizations
to help meet the needs of the Iraqi people by providing resources
necessary for the rehabilitation and reconstruction of Iraq’s
economic infrastructure;
23. Emphasizes that the International Advisory and
Monitoring Board (IAMB) referred to in paragraph 12 of resolution
1483 (2003) should be established as a priority, and reiterates
that the Development Fund for Iraq shall be used in a transparent
manner as set out in paragraph 14 of resolution 1483 (2003);
24. Reminds all Member States of their obligations
under paragraphs 19 and 23 of resolution 1483 (2003) in particular
the obligation to immediately cause the transfer of funds, other
financial assets and economic resources to the Development Fund
for Iraq for the benefit of the Iraqi people;
25. Requests that the United States, on behalf of the
multinational force as outlined in paragraph 13 above, report
to the Security Council on the efforts and progress of this force
as appropriate and not less than every six months;
26. Decides to remain seized of the matter. |
[25] Related Matters:
Iraqi
Special Tribunal Statute: click here.
Agora:
The Future Impliactions of the Iraq Conflict, 97 Amer. J.
Int'l L. 553-642 (2003)
WTO
Issues Relating to U.S. Restrictions on Participation in Iraq
Reconstruction Contracts, by .....David
Palmeter & Niall P. Meagher, ASIL Insight 123 (Dec. 2003)
click
here.
Eligibility
for Iraq reconstruction contracts: click
here.
Future
Implications of the Iraq Conflict, ASIL Selections from the
American Journal of International ....Law
Series (ASIL Wash., DC: Sept. 2003) (USD 20.00). To order, click
here.
UN
News Centre--Situation in Iraq: click here, then click The situation in
Iraq.
The
Saddam Hussein Interview by Channel 4 Television, London (Feb.
4, 2003): click here.
Timothy
L. O'Brien, Blix Tells Security Council That Iraq's Cooperation
Is Limited, NYT on the ....Web
(January 27, 2003)
J.
Preston, Annan Opposes a Quick Attack on Iraq, NYT on
the Web (Jan. 1, 2003)--UN ....Secretary-General
Kofi Annan said (Dec. 31, 2002) that Iraq has cooperated up to
now with UN ....weapons inspectors.
It would thus be "premature" to take military action
before inspectors report ....back
on their investigations to the Security Council on Jan. 27, 2003.
Mr. Annan echoed the view of ....most
members of the UNSC, who hope to avoid war in Iraq before inspectors
carry out their work ....pursuant
to the schedule the inspections chiefs have established.
Associated
Press, Powell and U.S. Ambassador Cite Gaps in Iraqi Report,
NYT on the Web ....(Dec. 19, 2002)
(Iraq in "material breach" of 1441)
Scholars on U.S. Policy and Iraq (maintained
by Columbia University)
J.
Preston, U.S. Takes Possession of a Copy of Iraq Report to
the U.N., NYT on the Web (Dec. ....9,
2002)--abruptly reversing a decision by all 15 UNSC member
nations (three days before) that the ....UNSC
should not receive Iraq's declaration until UN experts would
have been purged it of ....iinformation
that could be used to make a nuclear weapon. Syria, the only
Arab nation on the ....Council,
strongly objected to this change, accusing Colombia, the country
that currently holds the ....Council
presidency, of violating basic diplomatic norms.
David
P. Fidler, Weapons of Mass Destruction and International Law,
ASIL Insight Series #97
.....(Feb. 2003) click here.
International
Law and the Iraq Crisis (Boston University Law Library) click here.
Legal
Issues Human & Constitutional Rights (Columbia University
Law Library) click here.
Sean
Murphy (ed.), Contemporary Practice of the United States Relating
to International Law: ....Efforts
to Address Iraqi Compliance with UN Weapons Inspections,
96 Amer. J. Int'l L. 956 ....(2002)
International
Law Project (University of New South Wales) Opinion: Legality
of Use of Force ....Against
Iraq (Mar. 20, 2003) click here.
Website
of the Iraqi Jurist Association (private anti-Hussein NGO) click
here.
Sarah
El Deeb (AP), Arab Web Sites Bemoan Iraq 'Occupation,' (April
10, 2003), Wsah Post on .....the
Web. Click here.
Lee
A. Casey & David B. Rivkin Jr., "Anticipatory"
Self-Defense Against Terrorism is Legal
....(Washington, D.C.: Washington Legal Foundation, December
14, 2001)(Legal opinion letter,
.......Vol.11, #19). Click here.
Paul
Schott Stevens; Andru E Wall; Ata Dinlenc, The Just Demands of
Peace and Security: ....International
Law and the Case Against Iraq (Washington, DC : Federalist Society
for Law and ....Public Policy Studies,
2002). Click here.
Mary
Ellen O'Connell, The Myth of Preemptive Self-Defense, ASIL Presidential
Task Force on ....Terrorism (August
2002). Click here.
Thomas
D. Grant, ASIL Insights, Iraq: How to reconcile conflicting obligations
of occupation and
......reform (August 2003). Click
here. |