Table of Contents:
.....[1] UNSC:
...........[a] Reso. 687 (Apr. 3, 1991)
.........[b] Reso. 1441 (Nov. 8, 2002)
...........[c] Verbatim record of meeting
.....[2] Annex (UNMOVIC letter to Iraq)
 ....[3] Iraqi acceptance (UN translation)
.....[4] Flash Insight: Amer. Soc. Int'l Law
.....[5] US Law:
...........[a] 1973 War Powers Resolution
...........[b] 2001 Joint Resolution on Iraq
......[6] Iraqi Response(letter) (UN doc)
......[7] Regional Initiative on Iraq (Egypt, Iran, ...........Jordan, Saudi Arabia, Syria and Turkey): ...........Joint Declaration (January 23, 2003)
......
[8] UNMOVIC Report (Jan. 27, 2003).
......
[9] US Sec State UN Presentation
............(Feb. 5, 2003)
....[10] Joint Declaration on Iraq: Russia, ...........Germany and France: (February 10, 2003)
....[11] Hans Blix UNMOVIC Report to UNSC
............(Feb. 14, 2003)
....[12] Conclusions of the European Council
............(Feb. 17, 2003)
....[13] Secretary-General on US Violation
........... (Mar. 10, 2003)
....[14] UK Attorney General Clarifies Legal ...........Basis for Use of Force Against Iraq ...........(Mar. 18, 2003)
....[15] Advice on the Use of Force Against ...........Iraq.(Australia Atty Gen. Mar. 18, 2003)
....[16] Armed Force in Iraq (ASIL Insight)
...........(Mar. 18, 2003)
....[17] US Letter to the UNSC (Mar. 20, 2003)
....[18] U.S.-British-Spanish Draft Resolution ...........(Mar. 24, 2003) (not adopted)
....[19] US "Occupation" Analysis by Jordan ...........Paust (April 2003)
....[20] Issues of Legality ASIL Insight by Mary ...........Ellen O'Connell (April 2003)
....[21] Security Council Resolution 1483: ...........Rebuilding of Iraq (May 22, 2003) & ...........ASIL Inisight by Frederic L. Kirgis
....[22] The Legal Status of Foreign Economic ...........Interests in Occupied Iraq by Pieter ...........H.F. Bekker ASIL Inisight (July 2003)
....[23] Iraqi Governing Council Resolution ...........(Aug. 14, 2003) (UN news story)
....[24] Security Council Resolution 1511 ..........Multinational UN Force Led by US/Return ..........of governing responsibilities/authorities to ..........the people of Iraq ASAP
....[25] Related matters
.......................................................... Last rev: 02/16/04

[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.

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