SECURITY COUNCIL HOLDS IRAQ IN ‘MATERIAL BREACH’ OF DISARMAMENT OBLIGATIONS, OFFERS FINAL CHANCE TO COMPLY, UNANIMOUSLY ADOPTING RESOLUTION 1441 (2002)
| Press Release SC/7564 |
Security Council
4644th Meeting (AM)
SECURITY COUNCIL HOLDS IRAQ IN ‘MATERIAL BREACH’ OF DISARMAMENT OBLIGATIONS,
OFFERS FINAL CHANCE TO COMPLY, UNANIMOUSLY ADOPTING RESOLUTION 1441 (2002)
Instructs Weapons Inspections to Resume within 45 Days,
Recalls Repeated Warning of ‘Serious Consequences’ for Continued Violations
Holding Iraq in “material breach” of its obligations under previous resolutions, the Security Council this morning decided to afford it a “final opportunity to comply” with its disarmament obligations, while setting up an enhanced inspection regime for full and verified completion of the disarmament process established by resolution 687 (1991).
By the unanimous adoption of resolution 1441 (2002), the Council instructed the resumed inspections to begin within 45 days, and also decided it would convene immediately upon the receipt of any reports from inspection authorities that Iraq was interfering with their activities. It recalled, in that context, that the Council had repeatedly warned Iraq that it would face "serious consequences" as a result of continued violations.
Under the new inspection regime established by the resolution, the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA) would have “immediate, unimpeded, unconditional and unrestricted access” to any sites and buildings in Iraq, including presidential sites. They would also have the right to remove or destroy any weapons, or related items, they found.
The Council demanded that Iraq confirm, within seven days, its intention to comply fully with the resolution. It further decided that, within 30 days, Iraq, in order to begin to comply with its obligations, should provide to UNMOVIC, the IAEA and the Council a complete declaration of all aspects of its programmes to develop chemical, biological and nuclear weapons, including chemical, biological and nuclear programmes it claims are for purposes not related to weapons production or material. Any false statement or omission in the declaration will be considered a further material breach of Iraq’s obligations, and will be reported to the Council for assessment.
Following this morning’s vote, United Nations Secretary-General Kofi Annan said the Security Council resolution adopted today had strengthened the cause of peace and given new impetus to the search of security in an increasingly dangerous world. The adoption represented an example of multilateral diplomacy serving the cause of peace and security. He urged the Iraqi leadership to seize the
opportunity, and thereby begin to end the isolation and suffering of the Iraqi people. “If Iraq’s defiance continues, however, the Security Council must face its responsibilities”, he said.
He said, “This is a time of trial -– for Iraq, for the United Nations and for the world. The goal is to ensure the peaceful disarmament of Iraq in compliance with Council resolutions and a better, more secure future for its people.” How the crisis was resolved would affect greatly the course of peace and security in the coming years in the region, and the world, he said.
Also speaking after the vote, Council members said that their views had been taken into account in the final version of the draft, which was co-sponsored by the United States and the United Kingdom. The representative of France welcomed the two-stage approach required by the resolution, saying that the concept of “automaticity” for the use of force had been eliminated. The representatives of China and the Russian Federation stressed that only UNMOVIC and the IAEA had the authority to report violations by Iraq of the resolution’s requirements.
The United Kingdom’s representative said the resolution made crystal clear that Iraq was being given a final opportunity. The Iraqi regime now faced unequivocal choice: between complete disarmament and the serious consequences indicated in the resolution.
The representative of the United States noted that, while primary responsibility rested with the Council for the disarmament of Iraq, nothing in the resolution constrained any Member State from acting to defend itself against the threat posed by that country, or to enforce United Nations resolutions protecting world peace and security.
The representatives of Mexico, Ireland, Bulgaria, Syria, Norway, Singapore, Colombia, Cameroon, Guinea and Mauritius also spoke.
The meeting, which began at 10:15 a.m., adjourned at 11:40 a.m.
Resolution
The full text of resolution 1441 (2002) reads, as follows:
“The Security Council,
“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 non-compliance 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 programmes to develop weapons of mass destruction and ballistic missiles with a range greater than one hundred and fifty kilometres, and of all holdings of such weapons, their components and production facilities and locations, as well as all other nuclear programmes, 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 neighbouring States,
“Commending the Secretary-General and 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 programmes 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 programmes, 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 paragraphs 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, corresponding to those of experts on mission, 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 programmes and the associated research, development, and production facilities;
-- Security of UNMOVIC and IAEA facilities shall be ensured by sufficient United Nations 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 the IAEA 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 programmes 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.”
Annex
Text of Blix/El-Baradei letter
United Nations Monitoring, Verification International Atomic Energy Agency
and Inspection Commission
The Executive Chairman 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.
H.E. General Amir H. Al-Saadi
Advisor
Presidential Office
Baghdad
Iraq
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 UNSCOM 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 overflights. 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) (Signed)
Hans Blix Mohamed ElBaradei
Executive Chairman Director General
United Nations Monitoring, International Atomic Energy Agency
Verification and Inspection Commission
Statement by Secretary-General
Secretary-General KOFI ANNAN said the Security Council resolution adopted today “has strengthened the cause of peace” and given new impetus to the search of security in an increasingly dangerous world. It set out clearly Iraq’s obligations to the United Nations in ensuring disarmament of its weapons of mass destruction. He urged the Iraqi leadership –- for the sake of its own people and for the sake of world security and world order -– to seize the opportunity, and thereby begin to end the isolation and suffering of the Iraqi people. “If Iraq’s defiance continues, however, the Security Council must face its responsibilities”, he said.
The resolution was based on law, collective effort, and the unique legitimacy of the United Nations, he said. It represented an example of multilateral diplomacy serving the cause of peace and security. It reflected a renewed commitment to preventing the development and spread of weapons of mass destruction, and the universal wish to see that goal obtained by peaceful means. He knew negotiations on the resolution had not been easy, but, he said, “whenever the Council is united, it sends a very powerful signal”. He recognized those countries, especially members of the League of Arab States, who had persuaded Iraq to change its previous position and said it was important that governments with influence on Iraq remained engaged in the effort to obtain Iraq’s compliance with its international obligations.
He said the road ahead would be difficult and dangerous. But, empowered by the resolution, the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA) stood equipped to carry out their vital task. To succeed, they would require full and unconditional cooperation on the part of Iraq, and the continued determination of the international community to pursue its common aim in a united and effective manner. He said, “This is a time of trial -– for Iraq, for the United Nations and for the world. The goal is to ensure the peaceful disarmament of Iraq in compliance with Council resolutions and a better, more secure future for its people.” How the crisis was resolved would affect greatly the course of peace and security in the coming years in the region, and the world, he said.
Statements
JOHN NEGROPONTE (United States) said that the resolution constituted the world community’s demand that Iraq disclose and destroy its weapons of mass destruction. The new course in that effort would send a clear message to Iraq insisting it disarm or face the consequences. Describing the text, he said that Iraq had ignored obligations essential to peace and security.
The resolution, he said, confirmed what had been clear for years -– that Iraq had been and remained in violation of disarmament obligations. To redress that situation, the resolution gave UNMOVIC and the IAEA a new, powerful mandate. But the inspections would not work unless the regime cooperated fully with those organizations. He hoped that all Member States now would press Iraq to undertake that cooperation. Every act of Iraqi non-compliance would be a serious matter, because it would mean that Iraq had no intention of disarming.
The resolution contained, he said, no “hidden triggers” and no “automaticity” with the use of force. The procedure to be followed was laid out in the resolution. And one way or another, Iraq would be disarmed. If the Security Council failed to act decisively in the event of further Iraqi violation, the resolution did not constrain any Member State from acting to defend itself against the threat posed by that country, or to enforce relevant United Nations resolutions and protect world peace and security.
The message to Iraq, he said, was that non-compliance was no longer an option. The message to the Security Council was one of partnership. He urged
Mr. Blix and Mr. El Baradei to make full use of the tools given them in the resolution. To the Arab world, including the people of Iraq, he said that the resolution opened the way to the peaceful disarmament of Iraq. The United States was not seeking to wage war on the Arab world. Nothing could be further from the truth. He urged those peoples to join in the common effort to assure peace and security in the region.
The resolution afforded Iraq a final opportunity, he said. He concurred with the Secretary-General’s remark that the Security Council must face its responsibilities if Iraq’s defiance continued. Members, he said, could rely on the United States to live up to its responsibilities, if the Iraq regime persisted with its refusal to disarm.
JEREMY GREENSTOCK (United Kingdom) said no shadow of a doubt remained that Iraq had defied the United Nations over the last 11 years. With the adoption of the resolution, the Council had clearly stated that the United Nations would no longer tolerate that defiance. The resolution made crystal clear that Iraq was being given a final opportunity to comply with its disarmament obligations. The regime in Baghdad now faced an unequivocal choice: between complete disarmament and the serious consequences indicated in paragraph 13 of the resolution. The overwhelming support of Council members sent the most powerful signal to Iraq that it could no longer evade its obligations under United Nations resolutions.
He said a key part of the resolution was the provisions giving inspectors the “penetrating” strength needed to ensure the successful disarmament of Iraq. Those provisions would reinforce international confidence in the inspections. He hoped it would also lead Iraq away from a fatal decision to conceal its weapons of mass destruction. He had full confidence in Hans Blix and Mohamed El-Baradei and their teams, and full respect for their integrity and independence. He said there was no “automaticity” in the resolution. If there was a further Iraqi breach of its disarmament obligations, the matter would return to the Council for discussion. He expected the Council then to meet its responsibilities.
Ultimately, the choice lay with Iraq as to whether to take the peaceful route to disarmament. He hoped that Iraq would fully cooperate with the United Nations, meet its obligations, and take the path back to the lifting of sanctions, laid out in resolutions 1284 and 687. “But if Iraq chooses defiance and concealment, rejecting the final opportunity it has been given by the Council in operative paragraph 2, the United Kingdom -– together, we trust, with other members of the Council -– will ensure that the task of disarmament required by the resolutions is completed”, he said.
JEAN-DAVID LEVITTE (France) said he believed that the resolution was a good one, because it strengthened the role of the Security Council, which was the main objective of his country during the negotiations. If the inspection authorities reported to the Council Iraq had not complied with its obligations, the Council would meet immediately and decide on a course of action. France welcomed the lack of “automaticity” in the final resolution. Moreover, the resolution gave the IAEA and UNMOVIC better tools to do their job, and ensured impartiality. The inspectors would, however, have to rely on the full cooperation of the Iraqi authorities.
France, he said, had full confidence in Mr. Blix and Mr. El Baradei. Their teams must proceed quickly to Iraq. The resolution was a success for the United Nations and the Security Council. It must now become a success for peace. All of France’s efforts in the past few weeks had been directed at giving peace a chance; that was, to disarm Iraq peacefully, with the stability of the region in mind. The process set up by the resolution was demanding and required full cooperation of Iraq, which must understand that it was their last opportunity.
ADOLPHO AGUILAR ZINSER (Mexico) said the pace of negotiations had enabled the Council to devise a text that properly reflected the concerns of Member States about the fact that Iraq must comply with its international obligations. In case of failure to comply, the Council would act on determinations it would make on whether international peace and security was threatened. The Council decision preserved the legitimacy, effectiveness and relevance of the Council, in compliance with its mandate to maintain international peace and security. It strengthened the Council, the United Nations, multilateralism and an international system of norms and principles.
Those who had advocated the automatic recourse to the use of force had agreed to afford Iraq a final chance, he said. Iraq was now obliged to fully comply with its international obligations. The resolution had eliminated “automaticity” in the use of force as a result of material breach. He welcomed the acceptance of the two-stage approach, in accordance with which any failure to comply by Iraq should be taken on the basis of two prerequisites. There should be two time periods: a process of credible inspections of real Iraqi military capabilities; and the agreement of the Council on ways and means to be adopted should the inspection process detect a threat to international peace and security.
He said the resolution preserved the neutrality and impartiality of UNMOVIC and strengthened the principle that the inspectors must respond to the Council, not to individual countries. Mexico placed its trust in the integrity, professionalism and independence of Mr. Blix and Mr. El Baradei. He emphasized that it was important that Council decisions continue to comply with the principles of the Charter and international law, on the basis of objectively verifiable facts. The use of force was only valid as a last resort, with prior, explicit authorization of the Council.
RICHARD RYAN (Ireland) said that the unanimous adoption of the resolution was a strong statement of the Council’s unity. The resolution was about disarming Iraq without the use of force, which must always remain a last resort. Iraq must, however, understand that it must disarm. The purpose of the resolution was avoiding a military conflict and strengthening the role of the Security Council in the maintenance of peace and security.
The resolution, he said, provided for a clear, sequential process for Iraq compliance. Developments would be then examined by the Council itself, which had the primary responsibility to decide whatever action needed to be taken. He was confident that it would, in the words of the Secretary-General, face its responsibilities.
He knew that the inspection teams were fully conscious of the fact that they acted on the part of the international community. He was confident that they would be impartial, and focus on their primary responsibilities. The time had come for Iraq to resume the path of peace and economic development. The Council had given Iraq an opportunity to comply with its disarmament obligations. Ireland called on Iraqi authorities to choose the path of peace and comply with the provisions of all Security Council resolutions, in the interests of its own people and peace.
SERGEY LAVROV (Russian Federation) said his country’s intention had been from the beginning that the international inspectors be sent as soon as possible to Iraq. Sharing the concern of Council members to ensure the most effective inspection regime possible, his delegation had cooperated with others to ensure inspections and a comprehensive solution of the question, including lifting of sanctions. He emphasized that the resolution did not contain any provisions for the automatic use of force and underlined that the sponsors of the text had affirmed that today.
He said it was of fundamental importance that there was clear confirmation in the resolution that all members respected the sovereignty and territorial integrity of Iraq. Noting the strengthened procedures for inspections, he said those procedures would be applied by the heads of UNMOVIC and the IAEA in a sense of professionalism and impartiality. His country had supported the resolution, guided by its special responsibility as a permanent member to maintain international peace and security. The resolution opened the road to diplomatic settlement. In case of dispute, it was UNMOVIC and the IAEA that would report it to the Council, who would then consider the situation that had developed.
He also noted the clarifications authorized by the sponsors of the draft. For example, regarding operative paragraph 3, stipulating that Iraq must also submit information on non-military programmes, he said it would not be seen as a violation if that process might take more than 30 days. He noted that operative paragraph 7 affected the status as independent international personnel. Operative paragraph 8 referred to personnel of UNMOVIC, the IAEA and additional personnel that members of the United Nations might provide to UNMOVIC and the IAEA on the latter’s request. He emphasized the need for Iraq to comply with all its disarmaments obligations on the basis of today’s resolution and Baghdad’s declared intention to do that. Implementation of the resolution would require goodwill of all involved, he said, their willingness to concentrate on moving forward and not yielding to unilateral interpretation of the resolution, and preserving the unity of the Council.
STEFAN TAFROV (Bulgaria) said he voted for the resolution because it gave a full chance for peace; one final opportunity for Iraq to show the international community that it possessed no nuclear weapons, or was willing to disarm of any it had. He welcomed the unanimous adoption of the draft, as well as the fact that his delegation’s views had been taken into account.
The resolution did not provide a pretext for the automatic use of force, but instead a firm insistence on the accomplishment of its objective, the disarmament of Iraq. He extended his delegation’s full support for the inspection teams and its leaders and called on Member States to lend them their support, as well.
He further welcomed the fact that the resolution categorically reaffirmed the unanimity of the Council in the decision-making process, and multilateralism as a primary principle in international relations. The resolution also sent a strong message concerning consequences for failure to comply with Security Council resolutions. The Iraqi authorities had, in their hands, the future of their country, including the lifting of sanctions against it.
FAYSSAL MEKDAD (Syria) said Syria had voted for the resolution in order to achieve unanimity in the Council and because of its commitment to the United Nations Charter and international law -- be it in the case of Iraq, or the Palestinian/Israeli conflict and the Palestinian cause. His country had voted in favour after having received from the United States and United Kingdom, as well as France and the Russian Federation, reassurances that the resolution would not be used as pretext to strike Iraq and did not constitute a basis for “automaticity”. The resolution should not be interpreted in any way that any entity could use force. Permanent members of the Council had assured Syria that the resolution had strengthened the inspectors’ mandates and preserved the sovereignty and territorial integrity of Iraq and neighbouring States, and would lead to a comprehensive solution of the crisis.
OLE PETER KOLBY (Norway) said, bearing in mind the overall objective of disarming Iraq of weapons of mass destruction, the Council had afforded Iraq with a final opportunity to comply with its disarmament obligations. The Council had enhanced the system of inspections and committed itself to using that body to resolve a serious crisis and, thus, signal its determination to uphold the authority of the Organization and respect for international law.
He said his country wanted the conflict with Iraq to be resolved peacefully. The resolution set out very clearly that the Iraqi authorities had a choice. In case of Iraqi non-compliance, the resolution set out a procedure where the Council would convene immediately in order to secure international peace and security. He hoped Iraq would choose to fully cooperate with the United Nations.
CHRISTINE LEE (Singapore) said the resolution was consistent with positions Singapore had espoused in the Council. There was a message to Iraq from that Council; it had a full and final opportunity to comply with its obligations. The difference between successful and unsuccessful inspection may be the difference between peace and war. In that context, she hoped that Iraq proceeded wisely and complied with the resolution fully.
ALFONSO VALDIVIEZO (Colombia) said from the outset his country had stressed the need for a new resolution because of new circumstances surrounding the Iraqi question, as well as a clear message that the international community did not intend to wait any longer for Iraq’s compliance with demands of the Council. The resolution was not authorizing the use of force, but provided a final opportunity to Iraq to comply. Iraq must now show its will to rejoin the family of nations. The declaration required of Iraq in operative paragraph 3 within 30 days was absolutely essential. The resolution would make it possible to move forward in
the crisis, as it showed that the Council intended to respond to any new challenges.
MARTIN BELINGA-EBOUTOU (Cameroon) expressed appreciation for the role of the Secretary-General throughout the negotiations on Iraq of the past weeks. The text was a truly compromise text, without a victory for any side. It was a victory, instead, for peace and security. Now the ball was in Iraq’s corner. He made an appeal to that country to cooperate fully with UNMOVIC and the IAEA. In that way, Iraq could be true to itself once again -– a land of water and light.
He welcomed the clear statements made by the sponsors of the resolutions, spelling out the lack of a trap, trigger or automaticity in the resolution. He appreciated their expression of the importance of the Security Council’s core role in peace and security. He wished the inspector teams good luck; they had an enormous responsibility, having a valuable tool in their hands, along with the firm support of the Council.
MAMADY TRAORE (Guinea) said his country welcomed the adoption of the resolution by consensus. It was a clear message to Iraq. It would make possible a peaceful resolution of the crisis, and reaffirmed the key role of the Council in maintaining international peace and security. He reaffirmed his trust in the inspectors. He appealed to Iraqi authorities to comply with their international obligations.
BIJAYEDUTH GOKOOL (Mauritius) said the unanimous vote had strengthened the unity of the Council, which was a prerequisite for implementation of the resolution. He hoped Iraq would now comply with its international obligations and called on all to help in the resolution’s implementation. He also affirmed his country’s trust in the inspectors.
ZHANG YISHAN (China), the President of the Council, speaking in his national capacity, said his delegation voted in favour of the resolution, because it supported viewpoints that China had maintained during the negotiations, including a multilateral, diplomatic approach, and a way towards suspending and eventually lifting sanctions. He welcomed the efforts of international parties to break the deadlock on Iraq, and welcomed, as well, last month’s moves by Iraq to allow inspectors to return. He supported a practical inspection regime and called on all to fulfil their responsibilities in a fair and expedient manner.
He was pleased to note that the co-sponsors of the resolution had accommodated his country’s concerns. The purpose was to disarm Iraq, and it no longer contained any “automaticity” for the use of force. The Council must meet again if there was non-compliance by Iraq.
In adopting the resolution, the Council maintained its role in maintaining peace and security. He hoped that Iraq complied with its responsibilities, in order to bring the situation to an early conclusion. He suggested, in addition, that the inspection teams learn lessons from the United Nations Special Commission (UNSCOM), for a successful completion of their tasks.
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