UNSC Resolution on Iraq: Text & Comment, November 8
United Nations Security Council Resolution 1441 (2002), November 8.
Note: the resolution was adopted unanimously by the fifteen members of the Council, the Permanent Five members (China - current holders of the rotating Council presidency, France, Russia, UK, US), plus Bulgaria, Cameroon, Colombia, Guinea, Ireland, Mauritius, Mexico, Norway, Singapore, and Syria.
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:
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."
Text of Blix/El-Baradei [IAEA/UNMOVIC] letter [to Iraqi Presidential Adviser General Amir H. Al-Saadi, October 8, 2002]
Dear General Al-Saadi,
During our recent meeting in Vienna [September 30-October 1], 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.
[Summary of Conclusions of Vienna Discussions]
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.
Hans Blix, Executive Chairman, United Nations Monitoring, Verification and Inspection Commission
Mohamed ElBaradei, Director General, International Atomic Energy Agency
Source: Security Council holds Iraq in 'material breach' of disarmament obligations, offers final chance to comply, unanimously adopting resolution 1441 (2002), UN Press Release SC/7564, November 8.
UN Secretary-General Kofi Annan, remarks to the Security Council, November 8
The Security Council Resolution adopted today has strengthened the cause of peace, and given renewed impetus to the search for security in an increasingly dangerous world. The resolution sets out in clear terms Iraq's obligation to cooperate with the United Nations in ensuring the full and final disarmament of its weapons of mass destruction. It leaves no doubt as to what these obligations are, nor as to how they must be fulfilled. Iraq now has a new opportunity to comply with all the relevant resolutions of the Security Council. I urge the Iraqi leadership - for the sake of its own people, and for the sake of world security and world order - to seize this 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.
This resolution is based on law, collective effort, and the unique legitimacy of the United Nations. It represents an example of multilateral diplomacy serving the cause of peace and security. It reflects a renewed commitment to preventing the development and spread of weapons of mass destruction, and the universal wish to see this goal obtained by peaceful means. I commend the leaders, and the Council members, who have worked so hard to negotiate this resolution. I know that it has not been easy to reach agreement. It has required both patience and persistence. But the effort has been well worthwhile. Whenever the Council is united, it sends a very powerful signal and I hope that Iraq will heed that signal. I also wish to recognize those countries, especially members of the League of Arab States, who persuaded Iraq to change its previous position. It is important that Governments with influence on Iraq remain engaged in the effort to obtain Iraq's compliance with its international obligations.
The road ahead will be difficult and dangerous. But empowered by this resolution, the United Nations Monitoring, Verification and Inspection Commission and the International Atomic Energy Agency stand equipped to carry out their vital task. To succeed, they will 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. 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 Security Council resolutions and a better, more secure future for its people. How this crisis is resolved will affect greatly the course of peace and security in the coming years in the region, and the world. I commend the Council for acting today with purpose and resolve.
Source: Secretary-General's statement at the adoption of Security Council resolution 1441 on Iraq, UN website, http://www.un.org/apps/sg/sgstats.asp?nid=146.
Joint Statement by China, France and Russia, November 8
Resolution 1441 (2002) adopted today by the Security Council excludes any automaticity in the use of force. In this regard, we register with satisfaction the declarations of the representatives of the United States and the United Kingdom confirming this understanding in their explanations of vote and assuring that the goal of the resolution is the full implementation of the existing Security Council resolutions on Iraq's weapons of mass destruction disarmament. All Security Council members share this goal. In case of failure by Iraq to comply with its obligations, the provisions of paragraphs 4, 11 and 12 will apply. Such failure will be reported to the Security Council by the Executive Chairman of UNMOVIC or by the Director General of the IAEA. It will be then for the Council to take a position on the basis of that report. Therefore this resolution fully respects the competences of the Security Council in the maintenance of international peace and security, in conformity with the charter of the United Nations.
Source: Joint Declaration by France, Russia and China on resolution 1441, November 8, French Foreign Ministry website, http://www.france.diplomatie.fr/actu/article.gb.asp?ART=29337.
US President George W. Bush, November 8
With the resolution just passed, the United Nations Security Council has met important responsibilities, upheld its principles and given clear and fair notice that Saddam Hussein must fully disclose and destroy his weapons of mass destruction. He must submit to any and all methods to verify his compliance. His cooperation must be prompt and unconditional, or he will face the severest consequences. The world has now come together to say that the outlaw regime in Iraq will not be permitted to build or possess chemical, biological or nuclear weapons. That is the judgment of the United States Congress, that is the judgment of the United Nations Security Council. Now the world must insist that that judgment be enforced. Iraq's obligation to disarm is not new, or even recent. To end the Persian Gulf War and ensure its own survival, Iraq's regime agreed to disarm in April of 1991. For over a decade the Iraqi regime has treated its own pledge with contempt. As today's resolution states, Iraq is already in material breach of past UN demands. Iraq has aggressively pursued weapons of mass destruction, even while inspectors were inside the country. Iraq has undermined the effectiveness of weapons inspectors with ploys, delays, and threats - making their work impossible and leading to four years of no inspections at all. The world has learned from this experience an essential lesson, inspections will not result in a disarmed Iraq unless the Iraqi regime fully cooperates. Inspectors do not have the power to disarm an unwilling regime. They can only confirm that a government has decided to disarm itself. History has shown that when Iraq's leaders stall inspections and impede the progress, it means they have something to hide.
The resolution approved today presents the Iraqi regime with a test - a final test. Iraq must now, without delay or negotiations, fully disarm, welcome full inspections, and fundamentally change the approach it has taken for more than a decade. The regime must allow immediate and unrestricted access to every site, every document, and every person identified by inspectors. Iraq can be certain that the old game of cheat-and-retreat tolerated at other times will no longer be tolerated. Any act of delay or defiance will be an additional breach of Iraq's international obligations, and a clear signal that the Iraqi regime has once again abandoned the path of voluntary compliance.
With the passage of this resolution, the world must not lapse into unproductive debates over whether specific instances of Iraqi noncompliance are serious. Any Iraqi noncompliance is serious, because such bad faith will show that Iraq has no intention of disarming. If we're to avert war, all nations must continue to pressure Saddam Hussein to accept this resolution and to comply with its obligations and his obligations. America will be making only one determination: is Iraq meeting the terms of the Security Council resolution or not? The United States has agreed to discuss any material breach with the Security Council, but without jeopardizing our freedom of action to defend our country. If Iraq fails to fully comply, the United States and other nations will disarm Saddam Hussein.
I've already met with the head of the UN Inspections Program and the head of the International Atomic Energy Agency, which has responsibility for nuclear matters. I've assured them that the United States will fully support their efforts, including a request for information that can help identify illegal activities and materials in Iraq. I encourage every member of the United Nations to strongly support the inspection teams. And now the inspectors have an important responsibility to make full use of the tools we have given them in this resolution.
All patriotic Iraqis should embrace this resolution as an opportunity for Iraq to avoid war and end its isolation. Saddam Hussein cannot hide his weapons of mass destruction from international inspectors without the cooperation of hundreds and thousands of Iraqis - those who work in the weapons program and those who are responsible for concealing the weapons. We call on those Iraqis to convey whatever information they have to inspectors, the United States, or other countries, in whatever manner they can. By helping the process of disarmament, they help their country.
Americans recognize what is at stake. In fighting a war on terror, we are determined to oppose every source of catastrophic harm that threatens our country, our friends, and our allies. We are actively pursuing dangerous terror networks across the world. And we oppose a uniquely dangerous regime - a regime that has harbored terrorists and can supply terrorists with weapons of mass destruction; a regime that has built such terrible weapons and has used them to kill thousands; a brutal regime with a history of both reckless ambition and reckless miscalculation. The United States of America will not live at the mercy of any group or regime that has the motive and seeks the power to murder Americans on a massive scale. The threat to America also threatens peace and security in the Middle East and far beyond. If Iraq's dictator is permitted to acquire nuclear weapons, he could resume his pattern of intimidation and conquest and dictate the future of a vital region.
In confronting this threat, America seeks the support of the world. If action becomes necessary, we will act in the interests of the world. And America expects Iraqi compliance with all UN resolutions. The time has come for the Iraqi people to escape oppression, find freedom and live in hope. ... Members of the Council acted with courage and took a principled stand. The United Nations has shown the kind of international leadership promised by its charter and required by our times. Now comes the hard part. The Security Council must maintain its unity and sense of purpose so that the Iraq regime cannot revert to the strategies of obstruction and deception it used so successfully in the past.
The outcome of the current crisis is already determined: the full disarmament of weapons of mass destruction by Iraq will occur. The only question for the Iraqi regime is to decide how. The United States prefers that Iraq meet its obligations voluntarily, yet we are prepared for the alternative. In either case, the just demands of the world will be met.
Source: Remarks by the President on the United Nations Security Council, The White House, Office of the Press Secretary, November 8.
John Negroponte, US Ambassador to the UN, remarks to the Security Council, November 8
[T]his Resolution constitutes the world community's demand that Iraq disclose and destroy its weapons of mass destruction. On September 12, President Bush came to the General Assembly seeking to begin to build an international consensus to counter Iraq's persistent defiance of the United Nations. Over a decade ago, after evicting Iraq from Kuwait, the Security Council determined that peace and security in the Persian Gulf region required that Iraq, verifiably, give up its weapons of mass destruction. The Council reached that decision because of Iraq's record of aggression against its neighbors and use of chemical and biological weapons. For eleven years, without success, we have tried a variety of ways, including diplomacy, inspections, and economic sanctions to obtain Iraqi compliance. By this Resolution, we are now united in trying a different course. That course is to send a clear message to Iraq insisting on its disarmament in the area of weapons of mass destruction and delivery systems, or face the consequences.
The Resolution we have just adopted puts the conflict between Iraq and the United Nations in context and recalls the obligations on Iraq and the authorities of member states to enforce them. It begins by reference to Iraq's invasion of Kuwait in August 1990 and the international community's response. It recalls that the cease-fire ending the 1991 Gulf War was conditioned on Iraq's disarmament with respect to nuclear, chemical, and biological weapons, together with their support infrastructures, ending its involvement in, and support for, terrorism, and its accounting for, and restoration of, foreign nationals and foreign property wrongfully seized. In addition, the Council demanded that the Iraqi Government stop oppressing the Iraqi people. Iraq has ignored those obligations essential to peace and security.
The Resolution confirms what has been clear for years: that Iraq has been and remains in violation of disarmament obligations - "material breach" in lawyers' language. The Council then decides to afford Iraq a final opportunity to comply. As a means to that end, the Resolution then establishes an enhanced, strengthened inspection regime. The Resolution gives UNMOVIC and the IAEA a new, powerful mandate. Its core is immediate and unimpeded access to every site, including Presidential or other Sensitive Sites, structure, or vehicle they choose to inspect and equally immediate and unimpeded access to people they wish to interview. In other words: "anyone, anywhere, any time." And, the Resolution gives UNMOVIC and the IAEA the power to do their work properly and to ensure the verifiable destruction of Iraq's weapons of mass destruction and associated infrastructure and support programs.
Let us be clear: the inspections will not work unless the Iraqi regime cooperates fully with UNMOVIC and the IAEA. We hope all member states now will press Iraq to undertake that cooperation. This resolution is designed to test Iraq's intentions: will it abandon its weapons of mass destruction and its illicit missile programs or continue its delays and defiance of the entire world? Every act of Iraqi non-compliance will be a serious matter, because it would tell us that Iraq has no intention of disarming. As we have said on numerous occasions to Council members, this Resolution contains no "hidden triggers" and no "automaticity" with respect to the use of force. If there is a further Iraqi breach, reported to the Council by UNMOVIC, the IAEA, or a member state, the matter will return to the Council for discussions as required in paragraph 12. The Resolution makes clear that any Iraqi failure to comply is unacceptable and that Iraq must be disarmed. And one way or another, Mr. President, Iraq will be disarmed. If the Security Council fails to act decisively in the event of a further Iraqi violation, this resolution does not constrain any member state from acting to defend itself against the threat posed by Iraq, or to enforce relevant UN resolutions and protect world peace and security.
To the Government of Iraq, our message is simple: non-compliance no longer is an option. To our colleagues on the Security Council, our message is one of partnership: over seven weeks, we have built international consensus on how to proceed towards Iraq, and we have come together, recognizing that our collective security is at stake and that we must meet this challenge, as proposed by President Bush on September 12. To the Secretary General, Dr. Blix, and Dr. ElBaradei: We urge you to make full use of the tools given you in this resolution, and we pledge our full support. And we urge every member of the United Nations to offer you all assistance possible. To the governments and peoples of the Arab world, including the people of Iraq: the purpose of this Resolution is to open the way to a peaceful solution of this issue. That is the intention and wish of my government. When the Baghdad regime claims that the United States is seeking to wage war on the Arab world, nothing could be further from the truth. What we seek, and what the Council seeks by this Resolution, is the disarmament of Iraq's weapons of mass destruction. We urge you to join us in our common effort to secure that goal and assure peace and security in the region.
President Bush asked the Security Council to take on the challenge posed by Iraq. He asked that it find Iraq in material breach of its ongoing obligations, that it establish an enhanced inspection regime as a means for obtaining the disarmament of Iraq in the area of weapons of mass destruction, and that it make clear that the most serious consequences for Iraq would follow continued defiance. This Resolution accomplishes each of these purposes. Moreover, it does so as a result of intense and open discussions with our Security Council partners. In this process, different views about the shape and language of a resolution were fused into the common approach our British partners and we wanted to create.
This Resolution affords Iraq a final opportunity. The Secretary General said on September 12, "If Iraq's defiance continues, the Security Council must face its responsibilities." We concur with the wisdom of his remarks. Members can rely on the United States to live up to its responsibilities if the Iraq regime persists with its refusal to disarm.
Source: Transcript - US Wants Peaceful Disarmament of Iraq, Says Negroponte, US State Department (Washington File), November 8.
US Defense Secretary Donald Rumsfeld & German Defence Minister Peter Struck, Joint Press Conference, The Pentagon, November 8
Secretary Rumsfeld: [This resolution] is the result of a good deal of hard work over the past several weeks. President Bush has rallied our country and the world to address the dangers that are posed by the Saddam Hussein regime in Iraq. Until President Bush spoke out on this subject, the world was drifting along and Iraq was hard at work on developing weapons of mass destruction, having thrown out the UN inspectors. The president took his case to the Congress first, and the American people, and the Congress responded. He then took his case to the United Nations, and the Security Council has now responded. The world's attention is now turning to Baghdad. The Iraqi regime has a choice to make. He can give up his weapons of mass destruction or, as the president has said, he will lose power. The burden of proof is not on the United States or the United Nations to find weapons of mass destruction in Iraq and destroy them. The burden of proof is on Saddam Hussein to prove to the world that he is in fact disarming, as he agreed to do a decade ago and as is now required by some 17 UN resolutions. As the president made clear this morning, inspections can be effective only if the target nation has made a choice to disarm and the country wants to prove to the world that it's in fact doing so. Inspections cannot be effective in uncovering deceptions and violations if the target country is determined not to cooperate. The task the international community now faces is to determine what choice Saddam Hussein will make. Has he accepted, finally, that he has no choice left but to disarm, or as before, has he simply made a tactical retreat in the hope of keeping his weapons of mass destruction aspirations alive? We know this much: the only thing that has brought us to this point is the growing threat of pressure on the Iraqi regime, and the only way to finish the job facing the UN today is that Iraq be disarmed. And to do that, it's necessary to keep the pressure up. Since 1998, the Iraqi regime has refused to allow any inspectors into the country. They're reversing course in this period only when they began to realize they had little choice. And the minute that Saddam Hussein and his small ruling clique sense that they're out of danger, I suspect that they'll have no further incentive to cooperate, and any UN inspection and disarmament efforts could then fail. There will be a number of opportunities in the coming weeks to discover their intentions. Needless to say, Iraq ought not to take or threaten hostile action against inspectors or coalition aircraft upholding UN inspections. Within seven days...Iraq is required to confirm an intention to comply. Within 30 days Iraq...must fully and truthfully declare all of its weapons of mass destruction capabilities, its programs and stockpiles. They need to comply with demands to inspect any site and interview any individual that inspectors see fit, including interviews outside of Iraq. As the president said this morning, any act of delay or defiance will be considered an additional breach of Iraq's international obligations, and "if Iraq fails to comply fully, the US and other nations will disarm Saddam Hussein," unquote. During this period, the United States will continue to patrol the skies over Iraq. We'll continue working with our friends and allies to keep the pressure on them to respond favorably to the UN resolution, and we'll continue working with the Iraqi opposition to prepare in the event that they fail to cooperate. Continuing - we will also continue developing humanitarian relief and reconstruction plans for a post-Saddam Hussein Iraq. Saddam Hussein needs to understand that this is his regime's chance to come into compliance with all UN Security Council resolutions. The choice does not rest in Washington. It does not rest in New York. It rests in Baghdad. For the sake of peace, let's hope that the Iraqi regime chooses wisely. ...
Minister Struck: I welcome the unanimous decision taken by the Security Council of the United Nations. In doing so, the Security Council has lived up to its responsibility for international peace and security. And I'd like to add explicitly, with today's decision in New York, the line and the approach of President Bush to cooperate with - to go through the United Nations, to choose the way of multilateral approach - has proven to be correct. Today, the international community has given Saddam Hussein a very last chance to fulfill his international obligations. The inspectors must return to Iraq as quickly as possible. It must be made possible for them to return as quickly as they can. And the Federal Republic of Germany will support the work of the inspectors by offering personnel and equipment. Moreover, the unanimous decision of the Security Council is a strong and clear signal towards Iraq. Now we do have a real chance that we can urge Iraq to really disarm in accordance with international law and the UN Charter. ...
Question: Has Germany decided to back the US in a use of force if the inspections do fall apart?
Minister Struck: You know Germany's position on that question you raised. I can only say that we support the UN resolution. And today Chancellor Schroeder and President Bush had a conversation and they also talked about the relations between Germany and the US And let me add that Germany makes a contribution to the Operation Enduring Freedom.
Source: Transcript - Rumsfeld Warns Iraq Not to Threaten Inspectors, Planes, US State Department (Washington File), November 9.
Martin Belinga-Eboutou, Ambassador of Cameroon to the UN, addressing the Security Council, November 8: "[The resolution represents a] positive and constructive compromise text... Now the ball is in Iraq's camp... [By coming into full compliance,] Iraq can be made true to itself once again - a land of water and life." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Chinese Foreign Ministry spokesperson Kong Quan, November 8: "The approval of the resolution at this moment is conducive to the political solution to the Iraq issue and will help maintain the authority of the Security Council. It will also help UN inspectors return to Iraq and carry out their mission smoothly." (World leaders hail Iraq resolution, BBC News Online, November 8.)
Zhang Yishan, Ambassador of China to the UN, addressing the Security Council, November 8: "I think it's a message of peace, a message of goodwill, a message of hope. Now the ball is in the hands of the Iraqi government, and we hope that Iraq will comply fully and unconditionally with the relevant United Nations Security Council resolutions." (UN weapons inspector to enter Iraq on 18 November, Commission chief says, UN News Service, November 8.)
Alfonso Valdivieso, Ambassador of Colombia to the UN, addressing the Security Council, November 8: "This resolution is not, nor could [it] be, a resolution authorising the use of force. The resolution provides a final opportunity to Iraq." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
European Union foreign policy representative Javier Solana, November 8: "The views of the European Union are fully reflected in the text, particularly the key objective of the EU, namely vigorously to address the disarmament of Iraq and to do so within the framework of the UN Security Council. Today's message to Baghdad is very clear: the UN Security Council resolution expresses the unity and determination of the entire international community to assume its collective responsibility." (World leaders hail Iraq resolution, BBC News Online, November 8.)
French President Jacques Chirac, November 8: "The message of the international community is clear - it has united to tell Iraq that it is now time to cooperate fully with the United Nations. The unanimous vote by the Security Council...offers Iraq a chance to disarm in peace. That was the meaning of France's initiative since the start." (World leaders hail Iraq resolution, BBC News Online, November 8.)
Jean-David Levitte, Ambassador of France to the UN, addressing the Security Council, November 8: "France welcomes the elimination from the resolution of all...automaticity [with regard to the use of force]... If Iraq wishes to avoid confrontation, it must understand that the opportunity it has been given is the last." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Richard Ryan, Ambassador of Ireland to the UN, November 8: "This is a resolution about disarmament, not war. It is about removing all threat of war. ... [Iraq can have] no doubt that it must now cooperate fully with arms inspectors and reassure the world, finally, that it has divested itself of weapons of mass destruction and the means of delivering them - or face serious consequences." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Mamady Traore, Ambassador of Guinea to the UN, addressing the Security Council, November 8: "This important phase now makes it possible to achieve the peaceful resolution of the Iraqi crisis and reaffirms the unity and core role of the Security Council as the guarantor of international peace and security. ... I would like to appeal to the Iraqi authorities to respect their commitments and comply with their international obligations, as this would be in the interests of the Iraqi people." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Bijayeduth Gokool, Ambassador of Mauritius to the UN, addressing the Security Council, November 8: "We are pleased to see the clear and unambiguous role of the Security Council in the maintenance and promotion of international peace and security through peaceful means." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Adolfo Aguilar Zinser, Ambassador of Mexico to the UN, addressing the Security Council, November 8: "The decision of the Security Council confers the legitimacy, the effectiveness, and the relevance of this body. It strengthens the Security Council, the United Nations, multilateralism and the construction of an international system of rules and principles. ... [Use of force in this matter vis only valid] with the prior, explicit authorisation of the Security Council..." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Ole Peter Kolby, Fayssal Mekdada, Ambassador of Norway to the UN, press release summary of remarks to the Security Council, November 8: "[B]earing in mind the overall objective of disarming Iraq of weapons of mass destruction, the Council had afforded Iraq...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 Organisation and respect for international law. ... [Norway] 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 Iraq non-compliance, the resolution set out a procedure where the Council would convene immediately in order to secure international peace and security." (UN Press Release SC/7564, November 8.)
Russian Foreign Ministry Statement, November 8
On November 8, the United Nations Security Council unanimously adopted Resolution 1441 on the resumption of UN inspection activity in Iraq with a view to implementing the previous UNSC decisions on the liquidation and non-reproduction of the weapons of mass destruction and their delivery vehicles potential of Iraq. The resolution's adoption was preceded by protracted and intense consultations, held with the most active participation of Russia.
As is known, after Iraq's unconditional consent to the resumption of international inspections without any conditions [on September 16], Russia favored the immediate deployment in Iraq of the work of the United Nations Inspection Commission (UNMOVIC) and IAEA, proceeding from the assumption that all the necessary legal basis for their activity was already provided by previous UNSC resolutions. Yet, mindful of the disposition of most Council members as well as of the leaders of UNMOVIC and IAEA, we agreed to join in the work on the new draft resolution. In so doing Russia firmly outlined its basic approaches. The new resolution must contain no provisions allowing for an automatic unilateral use of force, nor any obviously unfeasible demands on Iraq. It must fit in with the searches for a comprehensive settlement of the Iraq problem and not lead to an undermining of the sovereignty and territorial integrity of this state.
As a result of the intensive work by Russia, France and China, with the support from other UN Security Council members, it had been possible to achieve a substantial alteration of the original draft and to exclude from it unacceptable formulations for us. In the adopted resolution there is no automatism in the sanctioning of the use of force. It envisages that should problems arise the UN Security Council will convene to examine the situation that has evolved and to work out further actions. Thus, a final decision remains to be made by this principal body in the sphere of international peace and security. This is of fundamental importance for the strengthening of the present-day world order on the basis of the Charter of the United Nations. It is equally important that the resolution affirms the commitment of all UN member countries to observe the sovereignty and territorial integrity of Iraq and all states of the region, and clearly records the necessity of completely implementing Resolution 1382, in which the Security Council members undertook to seek a comprehensive settlement of the Iraq problem, which presupposes the lifting of sanctions as well. The procedures of inspection, approved by the resolution, generally comply with UN standards, and are necessary solely for speedily achieving the aims of the non-resumption of Iraqi WMD programs.
The formulations of the resolution were the product of the most complicated work in the UN Security Council and reflect the compromise achieved. The most important thing is that the resolution wards off the real threat of war and opens up the way for further work in the interest of a politico-diplomatic settlement of the situation around Iraq. Russia has made a principled choice in its support, guided by its special responsibility as a Security Council permanent member for the maintenance of peace and security. We are convinced that implementing this resolution will require of all the participants in the Iraqi settlement process the will and readiness to concentrate on advancing the common aims. Russia, for its part, will contribute to this in every way possible."
Source: Concerning UN Security Council's adoption of resolution on Iraq, Russian Foreign Ministry Statement, Document 2297-08-11-2002, November 8.
Sergey Lavrov, Ambassador of Russia to the UN, addressing the Security Council, November 8: "[The resolution] does not contain any provisions about automatic use of force. ... The wording in the resolution is not the ideal, and the sponsors [the US and UK] themselves acknowledge this, but this just reflects the very complicated nature of the compromise that was arrived at. ... [The resolution] deflects the direct threat of war, and opens up the road to further work in the interests of a political, diplomatic settlement." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Christine Lee, Ambassador of Singapore to the UN, addressing the Security Council, November 8: "[The resolution] makes clear that Iraq will be given a full and final opportunity to comply with its disarmament obligations. ... [I hope that] Iraq will make its decision carefully." (Security Council members say new Iraq measure contains no automatic triggers for force, UN News Service, November 8.)
Fayssal Mekdada, Ambassador of Syria to the UN, press release summary of remarks to the Security Council, November 8: "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. ... [Syria] had voted in favour after having received from the United States and the United Kingdom, as well as France and the Russian Federation, reassurances that the resolution would not be used as [a] pretext to strike Iraq and did not constitute a basis for 'automaticity'. The resolution should not be interpreted in any way [as meaning] 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." (UN Press Release SC/7564, November 8.)
Syrian Foreign Minister Farouk al-Sharaa, speaking to reporters at a meeting of Arab League Foreign ministers in Cairo, November 11: "This resolution stopped an immediate strike against Iraq, but only an immediate strike. Now America cannot strike Iraq under UN auspices, although of course the United States can strike Iraq unilaterally outside international law. If this happens, the world will not be with the Americans. It will have to deal with all those demonstrations from Los Angeles to the Far East and the Arab countries." (Iraq inspections receive approval from Arab League, New York Times, November 11.)
UK Prime Minister Tony Blair, November 8: "I may find this regime [in Iraq] abhorrent - any normal person would - but the survival of it is in his [Saddam Hussein's] hands. Conflict is not inevitable, but disarmament is... [E]veryone now accepts that if there is a default by Saddam, the international community must act to enforce its will." (World leaders hail Iraq resolution, BBC News Online, November 8.)
Sir Jeremy Greenstock, UK Ambassador to the UN, addressing the Security Council, November 8
I said at the Council's open debate on Iraq on 17 October that no shadow of a doubt remained that Iraq has defied the United Nations - not any particular Member State, the United Nations - over the last eleven years. I itemised on that occasion the ways in which Iraq has sought to frustrate and hinder inspections since 1991. With the adoption of this Resolution, the Security Council has clearly stated that the United Nations will no longer tolerate this defiance. As Operational Paragraph 2 makes crystal clear, Iraq is being given a final opportunity to comply with its disarmament obligations; a final opportunity to remedy its material breach of Security Council Resolution 687 set out in Operational Paragraph 1. The regime in Baghdad now faces an unequivocal choice: between complete disarmament and the serious consequences indicated in Operational Paragraph 13. The fact...that this Resolution has the unanimous support of Council members sends, as the Secretary-General has just said, the most powerful signal to Iraq that this is the only choice, that it can no longer evade its obligations under UN resolutions. Because of the strength of this signal, there is at last a chance that Iraq will finally comply with its obligations and that military action can be averted.
A key part of the Resolution we have adopted today is the provisions giving inspectors the penetrating strength needed to ensure the successful disarmament of Iraq. I am glad that the Council has recognised that we could not afford a return to the ambiguous modalities and Memoranda of Understanding of the past; that we could not afford exceptions to unconditional, unrestricted, and immediate access; that we could not afford to have inspectors again standing by helplessly while crucial documents are burnt or while convoys leave from the back doors as inspectors arrive in the front; and that we could not afford interviews compromised by intimidating minders. The provisions we have agreed, including making legally binding the practical arrangements set out by the inspectors themselves, will significantly strengthen the hand of the UN Monitoring, Verification and Inspection Commission and the International Atomic Energy Agency. This will reinforce international confidence in the inspectors. It will also, I hope, lead Iraq away from a fatal decision to conceal weapons of mass destruction. If Iraq is genuinely committed to full WMD disarmament, it can ensure inspections get off to a flying start by providing the complete and accurate declaration required under Operational Paragraph 3. The UK has full confidence in Dr Blix and Dr El-Baradei and their teams, and full respect for their integrity and independence, as they embark on a crucial and difficult task.
We heard loud and clear during the negotiations the concerns about "automaticity" and "hidden triggers" - the concern that on a decision so crucial we should not rush into military action; that on a decision so crucial any Iraqi violations should be discussed by the Council. Let me be equally clear in response, as a co-sponsor with the United States of the text we have adopted. There is no "automaticity" in this Resolution. If there is a further Iraqi breach of its disarmament obligations, the matter will return to the Council for discussion as required in Operational Paragraph 12. We would expect the Security Council then to meet its responsibilities.
Ultimately, Mr President, the choice lies with Iraq as to whether to take the peaceful route to disarmament. The UK hopes that Iraq will fully co-operate with the United Nations, meet its obligations, and take the path back to the lifting of sanctions laid out in Resolutions 1284 and 687. The disarmament of Iraq in the area of WMD by peaceful means remains the UK's firm preference. But if Iraq chooses defiance and concealment, rejecting the final opportunity it has been given by the Council in Operational Paragraph 2, the UK - together, we trust, with other Members of the Security Council - will ensure that the task of disarmament required by the Resolutions is completed.
Source: Statement by Ambassador Greenstock to the Security Council, 8 November, 2002, UK Mission to the UN, http://www.ukun.org.
© 2002 The Acronym Institute.