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Efforts to Address Iraqi Compliance with UN Weapons Inspections

Published online by Cambridge University Press:  27 February 2017

Sean D. Murphy
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Extract

At the conclusion of the 1991 UN enforcement action against Iraq, the Security Council adopted a resolution setting the terms for a cease-fire. The resolution required, among other things, that Iraq “unconditionally accept the destruction, removal, or rendering harmless, under international supervision,” of all chemical and biological weapons, all ballistic missiles with a range greater than 150 kilometers, and associated materials and facilities. Further, the resolution provided for the creation of a UN special commission to carry out “on-site inspection of Iraq's biological, chemical and missile capabilities,” and ordered Iraq to yield such weapons to the commission for “destruction, removal or rendering harmless.” Similar requirements were imposed with respect to the acquisition and development of nuclear weapons. While maintaining the economic sanctions imposed on Iraq after its invasion of Kuwait in August 1990, the Security Council allowed exports to Iraq of foodstuffs and medical supplies (on the condition that a UN sanctions committee had been notified) and also other commodities (if approved by the same committee). The Security Council decided that the sanctions regime would be lifted, however, once Iraq complied with its obligations on the destruction and monitoring of weapons of mass destruction.

Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 96 , Issue 4 , October 2002 , pp. 956 - 962
Copyright
Copyright © American Society of International Law 2002

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References

1 SC Res. 687 (Apr. 3, 1991).

2 Id., para. 8.

3 Id., para. 9.

4 Id., paras. 12-13 (providing for inspections by the International Atomic Energy Agency).

5 Id., paras. 20, 23. For a study of the committee’s work, see Paul Conlon, United Nations Sangtions Management: A Case Study of the Iraq Sanctions Committee 1990-1994 (2000).

6 SC Res. 687, supra note 1, para. 22.

7 SCRes. 699 (June 17, 1991).

8 For more information, see Sean D. Murphy, Contemporary Practice of the United States, 93 AJIL 471 (1999).

9 Id. at 473.

10 SC Res. 1284, paras. 1-2 (Dec. 17, 1999). The resolution was adopted with four states abstaining (China, France, Malaysia, and the Russian Federation).

11 See Letter of the President of the U.N. Security Council to the U.N. Secretary-General, UN Doc. S/2000/61 (Jan. 27, 2000).

12 See Letter of the U.N. Secretary-General to the President of the U.N. Security Council, UN Doc. S/2000/207 (Mar. 10, 2000).

13 See Note by the Secretary-General, UN Doc. S/2000/835 (Aug. 28, 2000). The executive chairman .submits Reports quarterly to the Security Council.

14 .See Lynch, Colum, UN Arms Inspectors Back Down; Security Council Members Urge Agency Not to Confront Iraq, Wash. Post, Aug. 31, 2000, at A25 Google Scholar.

15 For the initial Security Council resolution authorizing the oil-for-food program, see SC Res. 986 (Apr. 14, 1995). In March 2000, the Security Council increased to U.S.$600 million the amount of money that Iraq may use under the program to purchase spare parts and equipment for oil production. See Sc Res. 1293 (Mar. 31, 2000). For information on the program, see <http://www.un.org/Depts/oip/>. The United States implements the oil-for food program through regulations appearing at 31 C.F.R. §§575.101—.901 (2000).

16 SC Res. 1330 (Dec. 5, 2000); see Crossette, Barbara, Security Council Lets Iraq Spend Oil Fund, N.Y. Times, Dec. 6, 2000, at A14 Google Scholar.

17 SC Res. 1409 (May 14, 2002); Sengupta, Somini, U.N. Broadens List of Products Iraq Can Import, N.Y. Times, May 15, 2002, at A1 Google Scholar. The vote was unanimous.

18 U.S. Dep’t of State Press Release on UN Security Council Adopts a New Export Control System on Iraq (May 14, 2002), at <http://www.state.gov/secretary/rm/2002/10130.htm>.

19 Pincus, Walter, U.N. and Iraq Discuss Details of Resuming Weapons Inspections, Wash. Post, May 4, 2002, at A14 Google Scholar.

20 U.N. and Iraq Discuss Arms Inspections, N.Y. Times, July 5, 2002, at A6.

21 Lynch, Colum, U.N. Arms Inspector Is Invited to Iraq, Wash. Post, Aug. 2, 2002, at A19 Google Scholar.

22 News Briefing by U.S. Secretary of Defense Donald H. Rumsfeld (Aug. 5,2002), at <http://www.defenselink.mil/news/Aug2002/t08072002_t0805sd.html>.

23 Press Release, United States Mission to the United Nations, Remarks by Ambassador John D. Negroponte, as Security Council President and as United States Permanent Representative to the United Nations, Following the Secretary-General’s Luncheon (Aug. 5, 2002), at <http://www.un.int/usa/02_113.htm>.

24 Letter from UN Secretary-General Kofi Annan to Iraqi Foreign Minister Naji Sabri (Aug. 6, 2002), reprinted in part in U.S. Dep’t of State Press Release on U.N. Rejects Iraqi Proposal on Weapons Talks (Aug. 6,2002), at <http://usinfo.state.gov/topical/pol/arms/02080602.htm>

25 See Bumiller, Elisabeth, President to Seek Congress’s Assent over Iraq Action, N.Y. Times, Sept. 5, 2002, at A1 Google Scholar.

26 See, e.g., David, E. Sanger, Blair, Meeting with Bush, Fully Endorses U.S. Plans for Ending Iraqi Threat, N.Y. Times, Sept. 8, 2002, at 13 Google Scholar; Preston, Julia & Todd, S. Purdum, U.S. Moves to Persuade Security Council to Confront Iraq on Arms Inspections, N.Y. Times, Sept. 14, 2002, at A6 Google Scholar.

27 Address to die United Nations General Assembly in New York City, 38 Weekly Comp. Pres. Doc. 1529, 1529-32 (Sept. 16,2002).

28 Letter Dated 16 September 2002 from the Secretary-General Addressed to the President of the Security Council, attach., UN Doc. S/2002/1034 (2002).

29 See, e.g., Mitchell, Alison & David, E. Sanger, Bush to Put Case for Action in Iraq to Key Lawmakers, N .Y. Times, Sept. 4, 2002, at A1 Google Scholar; Allen, Mike & DeYoung, Karen, Bush to Seek Hill Approval on Iraq War, Wash. Post, Sept. 5, 2002, at A1 Google Scholar.

30 Authorization for Use of Military Force Against Iraq Resolution of 2002, Pub. L. No. 107-243,116 Stat. 1498 (2002).

31 See Preston, Julia & Todd, S. Purdum, U.S. Moves to Persuade Security Council to Confront Iraq on Arms Inspections, N.Y. Times, Sept. 14, 2002, at A6 Google Scholar.

32 See Letter from UNMOVIC Executive Chairman Hans Blix and IAEA Director General Mohamed ElBaradei to Amir Hammudi Al-Saadi, Adviser to the Iraq Presidency (Oct. 8, 2002), at <http://www.un.org/Depts/unmovic/recent%20items.html>.

33 See Lynch, Colum, Iraq Denies Rejecting Terms of U.N. Inspections, Wash. Post, Oct. 13, 2002, at A15 Google Scholar.

34 See Lynch, Colum, U.S. Offers Concessions in U.N. Draft on Iraq, Wash. Post, Oct. 22, 2002, at A22 Google Scholar.

35 See Lynch, Colum, France and Russia Raise New Objections to Iraq Plan, Wash. Post, Oct. 23, 2002, at A23 Google Scholar.

36 SC Res. 1441 (Nov. 8, 2002).