IN 8/16: IR 1/9 ~~ DISARMING IRAQ: THE STATUS OF WEAPONS INSPECTIONS HEARING BEFORE THE COMMITTEE ON INTERNATIONAL RELATIONS HOUSE OP REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS SECOND SESSION SEPTEMBER 15, 1998 Printed for the use of the Committee on International Relations U.S. GOVERNMENT PRINTING OFFICE 54-334 CC WASHINGTON : 1998 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 ISBN 0-16-058138-9 COMMITTEE ON INTERNATIONAl RElATIONS BENJAMIN A. GILMAN, New York, Chairman WILLIAM GOODLING, Pennsylvania JAMES A. LEACH, Iowa HENRY J. HYDE, Illinois DOUG BEREUTER, Nebraska CHRISTOPHER SMITH, New Jersey DAN BURTON, Indiana ELTON GALLEGLY, California ILEANA ROS-LEHTINEN, Florida CASS BALLENGER, North Carolina DANA ROHRABACHER, California DONALD A. MANZULLO, Illinois EDWARD R ROYCE, California PETER T. KING, New York JAY KIM, California STEVEN J. CHABOT, Ohio MARSHALL "MARK" SANFORD, South Carolina MATT SALMON, Arizona AMO HOUGHTON, New York TOM CAMPBELL, California JON FOX, Pennsylvania JOHN McHUGH, New York LINDSEY GRAHAM, South Carolina ROY BLUNT, Missouri KEVIN BRADY, Texas RICHARD BURR, North Carolina LEE HAMILTON, Indiana SAM GEJDENSON, Connecticut TOM LANTOS, California HOWARD BERMAN, California GARY ACKERMAN, New York ENI F.H. FALEOMAVAEGA, American Samoa MATTHEW G. MARTINEZ, California DONALD M. PAYNE, New Jersey ROBERT ANDREWS, New Jersey ROBERT MENENDEZ, New Jersey SHERROD BROWN, Ohio CYNTHIA A. McKINNEY, Georgia ALCEE L. HASTINGS, Florida PAT DANNER, Missouri EARL HILLIARD, Alabama BRAD SHERMAN, California ROBERT WEXLER, Florida STEVE ROTHMAN, New Jersey BOB CLEMENT, Tennessee BILL LUTHER, Minnesota JIM DAVIS, Florida LOIS CAPPS, California Richard J. Garon, Chief of Staff Michael H. Van Dusen, Democratic Chief of Staff Frank Record, Senior Professional Staff Member Kimberly Roberts, Staff Associate (ID CONTENTS WITNESSES Page Ambassador Martin Indyk, Assistant Secretary for Near Eastern Affairs, U.S. Department of State 4 Major William Scott Ritter, former Weapons Inspector for the U.N. Special Commission (UNSCOM) 28 APPENDIX Prepared statements: Ambassador Martin Indyk 45 Major William Scott Ritter 55 The Honorable Jon Fox, a Representative in Congress from Pennsylvania 57 The Honorable Jerry Solomon, a Representative in Congress from New York 59 Ambassador Richard Williamson, former Ambassador to the IAEA 62 Additional material submitted for the record: letter to the Secretary of State from the Honorable Porter Goss, Chair- man of the Permanent Select Committee on Intelligence 110 letter to the National Security Advisor from the Honorable Porter Goss .. 112 Commentary from the September 13, 1998 issue of The Washington Times written by Major William Scott Ritter 115 Responses by Ambassador Martin Indyk to questions submitted by Mr. Gilman, a Representative in Congress from New York and Chairman, Committee on International Relations 116 Responses by Ambassador Martin Indyk to questions submitted by Mr. Hamilton, a Representative in Congress from Indiana 141 (III) DISARMING IRAQ: THE STATUS OF WEAPONS INSPECTIONS TUESDAY, SEPTEMBER 15, 1998 House of Representatives, Committee on International Relations, Washington, DC. The Committee met, pursuant to notice, at 10 a.m. in room 2172, Rayburn House Office Building, Hon. Benjamin A. Gilman (chair- man of the Committee) presiding. Chairman Gilman. The hearing will come to order. I am pleased to welcome this morning a constituent from Hastings, New York, and an American patriot, Major Scott Ritter, former chief of the Concealment Investigation Unit of the U.N. Special Commission on Iraq. His testimony will follow that of Assistant Secretary Martin Indyk. We are pleased that Assistant Secretary Indyk is with us today. I would like to express our thanks and admiration for Mr. Rit- ter's courage and dedication in his role in disarming Iraq and lead- ing the efforts to destroy their weapons of mass destruction. His sharp criticism of our Nation's policy toward Iraq and the faltering arms control efforts of American policymakers has sparked a long overdue debate on the direction of our U.S. policy toward this rogue regime, its increasingly successful noncompliance with U.N. Secu- rity Council resolutions, and the obstruction of U.N. weapons in- spections. Today, we need to take up the challenge laid down by Mr. Ritter, who resigned his post with UNSCOM on August 26 and put his professional career on the line, because he realized that this Ad- ministration would no longer provide the political support and the credible threat of military force to ensure that UNSCOM can fulfill its mandate. We need to examine whether open-ended economic sanctions, as embraced by the Clinton Administration and as embodied in the September 9 Security Council resolution, is likely to force Saddam Hussein to comply with weapons control agreements he made and has violated regularly since the Gulf War. With Iraq now pumping record levels of oil and with the United Nations implementing an expanded oil-for-food agreement, Mr. Rit- ter noted in an article in last Sunday's Washington Times that Iraq now has more oil-based income than at any time since 1986. [The article referred to appears in the appendix.] Chairman Gilman. Citing numerous actions by this Administra- tion to frustrate and to block these inspections, he resigned from UNSCOM on August 26 and went public with his concerns, but the (l) 2 Administration had moved from action to accommodation in its pol- icy toward Saddam Hussein. Regrettably, Secretary Albright has not accepted our repeated in- vitations to join us this morning, but Assistant Secretary for Near Eastern Affairs Martin Indyk is here, and we welcome him to set forth the Administration's policies to carry out the mission of the U.N. weapons inspectors and to ensure that Saddam Hussein does not rebuild his arsenal of weapons of mass destruction. In effect, the Administration has done a silent U-turn in its pol- icy toward Saddam Hussein. Instead of threatening to take down his economy, it is now acquiescing in an expanded oil-for-food pro- gram and bowing to the wishes of the French, the Russians, and the Chinese, who want to help Iraq lower the bar on UNSCOM in- spections and monitoring. On June 22,1 joined with Speaker Gingrich and Majority Leader Lott in a letter to our President expressing our deep concern over the apparent failure of the Administration to support fully the work of UNSCOM when its efforts to verify Iraqi weapons viola- tions were under assault. Our letter noted that 'The United States has acquiesced in the suspension of challenged inspections by UNSCOM designed to uncover evidence of Iraqi concealment." The President rejected our concerns in his letter of July 8, stat- ing, "You can be certain UNSCOM will have my full support." Yet, Major Ritter has told us that the Administration did fail to back his efforts to mount challenge inspections in Iraq in July and early August. In short, the Administration has a credibility problem with the Congress on our policy toward Iraq. I now understand that the Administration suggests that the adoption of the September 9th resolution by the U.N. Security Council validates its shift in policy toward Iraq. Some of us have doubts about that. Rather, we want to ensure that we meet our goal of disarming Iraq by discovering and destroying their weapons of mass destruction. In that regard, I note that the Iraqi National Assembly has called for the severing of the relationship with UNSCOM and cur- tailing all of its activities in the country. If we can't summon the will to act against Saddam Hussein today, how will we summon the will to do so if and when he were to acquire a nuclear and long- range missile capability? Today, we need to hear some of those answers from our Assistant Secretary Martin Indyk and from Mr. Ritter on this key question. Most important, we need to remind ourselves that Saddam Hussein will not be persuaded to give up his nuclear ambitions and to stop trying to rebuild his weapons of mass destruction without the cred- ible use of military force by the Security Council and by our own Nation. I look forward to discussing with both of our witnesses the impli- cations of the most recent U.N. Security Council resolution of Sep- tember 9, UNSCR 1194, for the future of UNSCOM and the even- tual lifting of sanctions. So I ask our Ranking Minority Member, Mr. Hamilton, for any opening remarks, and then we will get right on with the testimony, since we have a full day ahead. 5 Throughout this period, Iraq has tried and failed to undermine Security Council unity on the key points of compliance and sanc- tions. At the same time, with our all lies, we have constrained Iraq's military options through Operation Southern Watch and Northern Watch and, when necessary, the reinforcement of our military pres- ence in the Gulf and the use of those forces. As a result, the mili- tary threat posed by Iraq have been effectively contained and con- tinues to be effectively contained. But the threat has by no means been eliminated. , Despite the best efforts of UNSCOM and the IAEA, Iraq has not disclosed the full truth about its chemical and biological weapons programs. UNSCOM believes Iraq is probably concealing SCUD missiles, and questions remain about Iraq's nuclear programs. As long as Baghdad is under its present leadership, we must expect Iraq will reconstitute its weapons of mass destruction if given the opportunity. Iraq's goal is to gain relief from sanctions without revealing more about its weapons programs. To this end, Baghdad has repeatedly probed for weaknesses in the Security Council's resolve. It has, in particular, tried to portray itself as the victim of a confrontation with a supposedly runaway UNSCOM being ordered about by an arrogant and callous United States. To dramatize this charge, Iraq has halted cooperation with UNSCOM on three occasions during the past year, most recently, as we are all aware, at the beginning of August. Throughout, we have countered Iraq's propaganda campaign with plain truth. We have backed UNSCOM s efforts to expose the contradictions between Iraqi declarations and the physical and doc- umentary evidence. We have stressed the importance of full compli- ance with Security Council resolutions. We have led the effort, which Saddam Hussein resisted for years, to establish the oil-for- food program that is addressing the humanitarian needs of the Iraqi people. We have not acquiesced in this, Mr. Chairman, as you suggested; we have led that effort, and we have done so because he will not meet the needs of the Iraqi people. We feel that it is necessary to do so, but to do so under a tight Security Council regime in which all the revenues from the sale of oil are escrowed in a U.N. account which is controlled by the United Nations and not by Saddam Hus- sein. No contracts can be approved for payment from that escrow account unless they are approved by the Sanctions Committee, where the United States has a veto. So that process is strictly con- trolled, even though, on occasion, Saddam Hussein will try his best to use that process for his own purposes. Last spring, we threatened to use force, as we have on three sep- arate occasions since the end of the Gulf War, if Iraq did not per- mit UNSCOM inspections to resume. In the face of that threat, it did. Today, as a result of vigorous diplomacy conducted by two Presi- dents and four Secretaries of State, backed by bipartisan support in the Congress, there remains an international consensus that Iraq must comply with U.N. Security Council resolutions and co- operate with U.N. weapons inspectors. There also remains agree- ment that sanctions should continue until these conditions are met, 6 but some on the Security Council would like to weaken the condi- tions and weaken UNSCOM to achieve that purpose. But, Mr. Chairman, I think it is important for this Committee to understand that there never has been and is not now a consen- sus about whether or in what circumstance force should be used in an effort to compel Iraqi compliance with the Council's postwar res- olutions. In my written testimony, I go through the various arguments we have had to confront on this point, but I think that it is essential to understand that there is no international consensus for the use of force to back up UNSCOM. Indeed, today, outside the United States, not a single country in the world is calling for the use of force to respond to Saddam Hussein's latest refusal to cooperate with UNSCOM. Not a single country in the world is now calling for the use of force to deal with Saddam Hussein's current, blatant violation of the Security Council resolutions. This, then, is the con- text in which we must operate if our goal of eliminating the secu- rity threat posed by Iraq is to be achieved. The choices we face are not those of some ideal world in which our perceptions are universally shared, the American people are united, all our allies are on board, the road to success is clearly marked, and the consequences of our decision is fully predictable. Rather, we face hard choices in the real world in which every event affects the next, and the political terrain shifts with each passing day. It is a world in which the costs and benefits of alternative courses of action must be considered with deliberation, for they are not always obvious. This is the context in which we have to deal with Saddam's current challenge to UNSCOM. In recent weeks, some have suggested that the United States has not done enough to support the work of UNSCOM. It has even been suggested that we have tried to prevent UNSCOM from dis- covering the truth about Iraq's weapons of mass destruction pro- grams. The people who level these charges are, no doubt, well-in- tentioned, but they work from a different set of facts than the Ad- ministration does. With respect to Mr. Ritter personally, as UNSCOM Chairman Butler told The New York Times last week, the testimony he has given to these facts was "often inaccurate in chronology and detail," and was therefore "misleading." Or, as former UNSCOM Chairman Rolf Ekeus has told The Washington Post, and I quote, "In a very narrow sense, Ritter is always right, but he has no political per- spective or understanding. He could never see the whole picture." As I said, the Administration has to work on the basis of a broader set of facts, the broader picture. The first fact is that the United States has been, by far, the strongest international banker of UNSCOM. For years we have provided indispensable technical help, expert personnel, sophisticated equipment, vital diplomatic backing, and logistics and other support. Nothing has changed in that regard. For example, in May of this year, national security principals agreed that the heads of all relevant U.S. agencies should issue new directives to ensure that UNSCOM and the IAEA inspections would receive high-priority support throughout our government. 8 tated its decisions. For 7 years, through Republican and Demo- cratic Administrations alike, U.S. policy has not changed. We want Iraqi compliance, we will insist on Iraqi compliance, but this does not mean our tactics are rigid. In pursuing our goal of Iraqi compliance, we have sometimes made tactical suggestions to UNSCOM about questions of timing and focus. This is entirely appropriate, and is done by other Coun- cil members as well on a regular basis. Over time, we have found that some of our suggestions were accepted and others were not. More often, our discussions with UNSCOM have focused on where more vigorous inspection activity might be productive, on how Iraqi lives might be exposed, or on when an inspection might best catch Iraqi efforts of deception by surprise. No nation has done more to encourage UNSCOM to be thorough, unyielding, and aggressive in its inspections, and no nation has done more to support UNSCOM's dogged and, at times, dangerous efforts in this regard. Mr. Chairman, I will call to your attention a letter from Chair- man Butler in The Washington Post on August 26, in which he writes, "I have never had any reason to doubt the U.S. commitment to the need for Iraq to comply with the decisions of the Security Council and, in particular, the U.S. insistence upon the require- ments imposed by those resolutions upon Iraq to the effect that they must be disarmed of their weapons of mass destruction." On a few occasions, our advice to UNSCOM has been more cau- tious. For example, this past January when our military prepara- tions were incomplete and the Muslim holy season of Ramadan was on the way, we judged it was not the right time for a major con- frontation over inspections that Saddam Hussein had already blocked. I note in this regard that Mr. Ritter told the Senate hearing 2 weeks ago that he had objected to a planned inspection of the Min- istry of Defense because he thought it was "probably heading down a slippery slope of confrontation which could not be backed up by UNSCOM's' mandate." If it is good enough for Mr. Ritter to raise such questions, why is he criticizing the Secretary of State for doing so? This was precisely the kind of question we also some- times found occasion to raise with Mr. Butler. For the record, Mr. Chairman, we did not demand this inspection of the Ministry of Defense headquarters, as Mr. Ritter claims. Chairman Butler made the decision to inspect the Ministry, and we supported those inspections. We were aware at the time that UNSCOM's previous executive chairman, Rolf Ekeus, was con- cerned that UNSCOM had found few Ministry of Defense docu- ments related to Iraq's WMD programs, which made the Ministry of Defense an obvious inspection target. So when Mr. Butler came to us with that suggestion, we supported it. Given the importance of Security Council unity, we have been concerned in recent months that the responsibility for any resump- tion of Iraqi noncooperation fall where it belongs, on the shoulders of Saddam Hussein, not on UNSCOM. We had questions which Chairman Butler had answered about a particular intrusive inspec- tion planned by UNSCOM in July, but it is important to note that other intrusive inspections were going on at the same time as we 10 National Assembly passed a resolution calling on the Security Council to reverse its decisions and threatening to sever all rela- tions with UNSCOM. This statement is outrageous and unaccept- able. It is not for the Council to reverse itself, but for Baghdad to do so, and to end its open defiance of the international community. Saddam Hussein should heed the clear warning of Resolution 1194, and he should not misjudge the will of the United States to act. Mr. Chairman, force remains an option. It has not been taken off the table. But in the first instance, we are insisting that the Secu- rity Council live up to its responsibility to respond to his latest challenge to its authority. We have significant strike capability in place in the region, a considerably stronger one than we did at the beginning of the last confrontation with Baghdad. We can augment that force rapidly should we need to do so. Saddam's actions have put us back on the ladder of potentially escalating the confrontation with Iraq. So be it. We will not accept the indefinite blockage by Iraq of the inspec- tion activities of UNSCOM and the IAEA, and we will insist that Iraq live up to its commitment to cooperate with UNSCOM's mon- itoring activities. For all its bluster, Iraq remains within the strategic box Saddam Hussein's folly created for it 7 years ago. As we look ahead, we will decide how and when to respond to Iraq's actions based on the threat they pose to Iraq's neighbors, to regional security, and to U.S. vital interests. Our assessment will include Saddam's capacity to reconstitute, use, or threaten to use weapons of mass destruc- tion. The bottom line is that if Iraq tries to break out of its strategic box, our response will be swift and strong, but we will act on our own timetable, not on Saddam Hussein's. Thank you very much, Mr. Chairman. [The prepared statement of Mr. Indyk appears in the appendix.] Chairman Gilman. Thank you, Secretary Indyk, for your very ex- tensive statement. From your remarks, I assume that you are saying that the Ad- ministration has not changed its policy toward Iraq from the Feb- ruary 23rd agreement between Iraq and Secretary General Kofi Annan and the adoption of U.N. Security Resolution 1194 of Sep- tember 9; is that correct? Mr. Indyk. That is correct, Mr. Chairman. Chairman Gilman. Has there been any alteration of policy, any slight change in our policy toward Iraq? Mr. Indyk. What I indicated, Mr. Chairman, in my opening statement was that from time to time we have changed our tactics, and in the wake of the denouement of the last crisis with the Kofi Annan MOU, we did engage in a policy review. One of the things we sought to avoid was a situation where Sad- dam Hussein could dictate our response on his timetable, so any time he wished to engage in confrontation, he could simply shut down part or all of UNSCOM's activities and hope in that way to provoke a confrontation. We would spend $1.5 billion sending forces to the Gulf, and then he would back down, only to challenge us again in the future. 11 So we sought to develop a different kind of response, one that would, in the first instance, put the onus on the Security Council; second, one that would deny him one of his objectives, which is to lift the sanctions. You will notice in the Iraqi National Assembly statement yesterday, that he referred to, its specific objective was to have the sanctions lifted. The Council's action to suspend indefi- nitely sanctions reviews was our one way of responding, to make it clear that sanctions will never be lifted while he is not complying with the Security Council resolutions and not cooperating with UNSCOM. As I also said in testimony, nothing has changed either in our support of UNSCOM or our willingness to use force or the threat of force to back up our objectives. Chairman Gilman. So this change of tactics could be perceived as a change of our policy toward Iraq, could it not? Mr. Indyk. Some may perceive it in that way. I would say that, in response to one of the points Mr. Hamilton made in his opening remarks, I think it is fair criticism of the Administration that we should have come out and articulated the change in tactics so it was better understood. I think that, with hindsight, we can say that. We were concerned at the time of not telegraphing our shots to Saddam Hussein or what our tactics would be, and we also thought that we had a cou- ple of more months in which to prepare for this; that is, the expec- tation was that he would cease cooperation in October, rather than in August. Chairman GilMAn. Was the Administration's change of tactics communicated to the people out in the field, to the UNSCOM in- spectors? Mr. Indyk. Well, our change in tactics was communicated cer- tainly to our allies in the region and to our other friends in the Council. I am not sure what was communicated to UNSCOM in the field. I am not privy to that. But we had ongoing conversations with Chairman Butler about how best to achieve our common ob- jective of disarming Iraq. Chairman GilMAN. Was that communication to Butler made in a timely fashion? Mr. Indyk. It was an ongoing discussion with Chairman Butler, as well as others on the Security Council, about how best to achieve the objectives. Chairman GilmAn. Spell out for us, Mr. Secretary, why the Ad- ministration made numerous threats involving the use of force in February and March, and then backed away from their implemen- tation following open Iraqi defiance of U.N. Security Council 687 in August. Mr. Indyk. Mr. Chairman, we were earlier this year engaged in an effort to persuade Saddam Hussein to back down and resume cooperation with UNSCOM. In that effort, we were, as you say, threatening the use of force and, indeed, Kofi Annan acknowledged that there would have been no agreement without the threat of force. As I said before, force remains on the table. Our diplomacy has to be backed up by the threat of force to be effective. So it is not a question in our minds of a change in that fundamental principle 12 that we must have credible force to back up our diplomacy. It is, rather, a tactical question, as you yourself have said, of when is the best time to employ that threat of force. At the moment, our focus is on getting the Security Council to respond to the challenge to its authority. If it does not do so, then we are left with a free hand to respond. Chairman GiLMAn. Secretary Indyk, one last question. Does the Administration have any knowledge that Iraq is rebuilding its weapons of mass destruction, and if UNSCOM cannot perform on the job, how are we going to know whether Iraq is rebuilding its proscribed weapons system? Mr. Indyk. Our concern is a very deep one about Iraq's ability to reconstitute its weapons of mass destruction. I think that we may differ with Mr. Ritter on exactly what our estimate is of the timing it might take to reconstitute its weapons, particularly in the nuclear field. But I think we very much share his concern and the concern of UNSCOM that Iraq has not made full declaration of its weapons of mass destruction. It has not been fully disarmed and it does have the ability to reconstitute, particularly in the area of biological weapons and chemical weapons. UNSCOM, at the moment, still has a monitoring function, the IAEA still has a monitoring function, which gives a certain, I would say, limited degree of assurance on the question of reconstitution. But as long as Iraq is not fully disarmed and there is not an ongo- ing monitoring regime over all of Iraq's suspect activities, we would have no assurance that it would not be able to reconstitute. That is true whether UNSCOM is in the country or not. With UNSCOM there and operating, we have a higher degree of assur- ance, obviously, than if it is not there. Chairman Gilman. Mr. Hamilton. Thank you, Mr. Indyk. Mr. Hamilton. Thank you, Mr. Chairman, and Mr. Ambassador. I think your statement is helpful. Let me just indicate that there are large areas of that statement that I agree with. I think the policy objective has been constant: You want to contain Iraq. You want Iraq to comply with the U.N. resolutions. I don't disagree with that at all. I agree with your statement that the United States has been the foremost backer of UNSCOM. I really don't think there is any doubt about that. I understand and agree with your statement about the necessity of trying to maintain unity in the Security Council and the integrity of UNSCOM. Now, you make a sharp distinction between policy and tactics. Let me just point out to you that in the President's statements in February, I think February 23rd he said, "If Iraq fails to comply this time to provide immediate, unrestricted, unconditional access to the weapons inspectors, there will be serious consequences," he is not talking there, in your terminology, about objectives or goals, he is talking about tactics. He is saying that if these inspections cannot go forward, there are serious consequences. Mr. Indyk. That is exactly right, Mr. Chairman. There will be se- rious consequences. Nothing has changed in that regard. Mr. Hamilton. There has been no change there? Mr. Indyk. No, sir. 14 Mr. Hamilton. But clearly it is more difficult for the United States now to back weapons inspections with the threat of force, right? We can't do it. Mr. Indyk. With the threat of our unilateral force, we can and did do it, but in terms of a multilateral coalition that supports threatening force in order to get UNSCOM back into operation, we don't have that support. Mr. Hamilton. So all the world wants us to have the inspections, Iraq is not going to let us have the inspections, but none of the world wants us to use force to get the inspections. Right? Mr. Indyk. That is correct. Mr. Hamilton. So there are no inspections? Mr. Indyk. Well, there are no inspections at the moment, but it remains one of our objectives to have those inspections. Mr. Hamilton. How long can this go on, this situation, where ev- erybody supports inspections, but Iraq is not going to let us have inspections. We then say we are going to use force, but nobody sup- ports us on that. As this goes on, Mr. Saddam Hussein is building up weapons, he is going ahead and doing whatever he wants to do. How long can this go on? This is an intolerable situation. Mr. Indyk. It is an intolerable situation, but it is not one that requires us to move precipitously. We need to Mr. Hamilton. I am not accusing you of that, Mr. Secretary. Mr. Indyk. You are suggesting that we perhaps should be mov- ing more quickly than we are, and I think that we are moving in a very deliberate way, week by week, to up the pressure, to build support, and to make it clear that what Saddam Hussein is doing is unacceptable and that the Security Council resolutions have to be enforced. Should it become clear that the Security Council is not prepared to live up to its obligations in this regard, then, as was said, we will have a free hand to act. People may not be prepared to assume the burdens that we are for enforcing Security Council resolutions, but if they are not, then they cannot complain if we do so. Mr. Hamilton. Thank you, Mr. Chairman. Chairman GilMAN. Thank you, Mr. Hamilton. Mr. Brady. Mr. Brady. Thank you, Mr. Chairman. Mr. Ambassador, it is always important to reiterate that we are all on the same side here. In this Committee and in this Congress and this Administration, we all have the same goal for peace; we are all for the inspections to occur, all for the weapons of mass de- struction to end. It is just difficult at times to understand what in heaven's name the Administration's tactics are in doing this. It seems to me that since 1991, since the cease-fire, Saddam Hussein has continued the pattern of delaying, obstructing, and re- lenting. It is as predictable as night follows day. And yet we are now in the obstruction phase, after having gone through the delay phase after the last relenting phrase, and yet we seem shocked and surprised that the sun has set again on our inspections. My question to you is, since our ability to remove those weapons without force depends upon strong enforcement, can you explain more about the technical suggestions, as they were termed, to 15 UNSCOM about the time of these inspections? For example, who made the decision to pressure or to discuss with the Special Com- mission, to postpone or cancel the disarmament inspections? Was it the President who made that decision, or the Secretary of State, with the President's consent? Mr. Indyk. The Secretary of State, together with other members of the President's national security team, discussed these kinds of technical issues. In the case of the July inspections, it was decided that some questions should be asked about one particular aspect of those inspections which we thought would be counterproductive. The Secretary herself did not do that. The questions were raised by Ambassador Burleigh, our deputy permanent rep in the United Nations, with Chairman Butler in July. As a result of those ques- tions and his consultations, I assume, with others, because he talks to at least all the permanent members of the Security Council, he readjusted those inspections, but they are still going ahead. They are still going ahead with, as far as I understand it—and Mr. Rit- ter may be able to clarify this—with three of the four inspections, and those three were very intrusive inspections, which we sup- ported, which we gave tangible support for, and which were to be conducted in August. That is why Mr. Ritter went with Mr. Butler into Iraq for the purpose of those inspections. So we are talking about a very minor modification perhaps, possibly as a result of our advice, but it was Chairman Butler's decision. The overall effort to expose Saddam Hussein's concealment mechanism, which was what Mr. Ritter was involved in heading up, was something that we supported strongly. Mr. Brady. Just so that I understand it, you are saying that the Secretary of State made the decision to initiate those discussions with the Special Commission without the consent of the President? Mr. Indyk. Mr. Chairman, or excuse me, Mr. Brady Mr. Brady. I wish. I am a long way from it. Mr. Indyk. When you try to pin me down as to whether the President was involved, the President delegates some decisions, this kind of decision, which is a low-level question of what to say to Chairman Butler or what to ask him about a certain issue. It is not the kind of thing that would be raised to the President for a decision. Mr. Brady. But is it a low-level issue? It seems to me that any time we start discussions on postponing or canceling the timing of inspections, when the inspections and predictability of them are key to our staying out of a war and ensuring that inspections occur, are you saying those are low-level discussions? Mr. Indyk. Yes. Because when we are talking about postponing all inspections, inspections were going on at the time. This was a very minor technical issue. I am sure it was a major issue for Mr. Ritter but in the scheme of things, it was a very minor issue. We were supporting the inspections. We supported a reconfigured in- spection that was to take place in August. Mr. Brady. As my time concludes, because I know other Mem- bers have questions, if I forwarded a letter asking for the times and the dates and with whom we had these discussions on tech- nical suggestions, could you provide us more information? Mr. Indyk. Sure, I'd be happy to. 16 Mr. Brady. Thank you, Mr. Chairman. Chairman Gilman. We have a very distinguished visitor with us, the chairman of our Rules Committee, who took time out of a very involved Rules Committee session to address our Committee for a few brief remarks. For those new Members, I might note that Con- gressman Solomon, chairman of our Rules Committee, formerly was a Member of this Committee, and we welcome him back and wish you were back with us for a permanent seat with us. I will ask unanimous consent to allow Chairman Solomon to address the Committee for a brief statement. Without objection, Mr. Solomon. Mr. Solomon. Mr. Chairman, let me assure you had I not been brought kicking and screaming to go over to the Rules Committee, I would still be here because this is the best committee in the Con- gress. You are the best committee. Mr. Chairman, let me just say in a few minutes I am going to have to get back to my Committee, but today it is a great honor to have the opportunity to introduce Scott Ritter, a fellow Marine and a role model for our country. When I say role model, ladies and gentlemen, you can believe it. I just want to preface my remarks briefly to say I am disappointed that Secretary Albright, who I nor- mally have a great deal of respect for, I am disappointed she is not here. This is a critical matter and I would much prefer to see her in her capacity as opposed to the Assistant Secretary, and of course, Mr. Ambassador, that takes nothing away from you. A few years ago, Scott Ritter was a young Marine officer answer- ing his country's call by serving in combat during Desert Storm. He showed personal courage by participating in combat operations in- side Iraq, not outside but inside, in support of counter-SCUD ac- tivities. When the war ended, Scott didn't stop putting his honor on the line. Like many of us, he went on into civilian life. And let me just say that I just have the greatest admiration and respect for him. When the war ended, as I said, he became the Chief of Conceal- ment Investigation Unit, U.N. Special Commission, and that is no easy assignment, as any of you know. His mission was to stop weapons of mass destruction from falling into the hands of a mad- man and you know who the madman is, Saddam Hussein, and, Members, mark my words, the courage that Scott Ritter showed as a Marine in combat was matched by the courage that he showed enforcing the elimination of Iraq's arsenal of chemical and biologi- cal weapons. The whole world should be grateful that Scott Ritter rang the alarm on Hussein's quest for nuclear weapons and for long-range ballistic missiles that could end up bringing American men and women back into harm's way in the not too distant future. Tragically, Scott Ritter had to resign to bring some light on what I would describe, and I just have to be outspoken about it, on what I would describe as being a craven policy of appeasement at the highest levels of the Clinton Administration. As a former Marine myself, I know one thing is true. You know the troops always know, you don't kid them out there. They know, ladies and gentlemen, and I trust Scott's observations and knowl- edge, and I am proud to be here today in support of the quest for truth. He knew exactly what was going on and his mission had 17 turned into a sham. Americans' leaders put Scott and his people in harm's way with no support. This is an unconscionable policy, but for showing courage and resigning over principles, Scott Ritter was attacked by what I would call small-minded people in big offices who should know better and they ought to be ashamed of them- selves. To belittle Scott by saying he doesn't have a clue insults him di- rectly and, by inference, all men and women in the field, both those in uniform and those in civilian capacity, all fighting against the forces of totalitarianism and evil. It is also petty and arrogant. I am going to get upset about this by those who have never worn a uniform to mock Major Hitter's name and attack him personally from an unconscionable position of power. This is the action of a bully and I resent it, and whoever said it knows what I am talking about, over in the other body, ladies and gentlemen. Mr. Chairman and Members, I have to return to chair the Rules Committee hearing on something very important. It has to do with interdiction of drugs coming across our southwestern borders, and I might also point out that Scott Ritter in another lifetime also served patrolling that area. He is one brave American and we ought to listen to him with all sincerity and again speaking on be- half of the chairman of the Select Committee on Intelligence, who has had an illness in his family and could not be here, I would like to ask unanimous consent that two of his letters, one to Secretary Albright and one to Sandy Berger, be a part of the record. He makes me sound like a pussy cat. [The letters referred to appear in the appendix.] Senator Chafee. Mr. Chairman, thank you. Just a moment if you would. Thank you, Chairman Solomon, for taking the time to be with us. Mr. Hamilton. Mr. Hamilton. Mr. Chairman, I just want to welcome Mr. Solo- mon to the Committee and tell him that I appreciate his coming by and let Members know that I have occasion, along with the Chairman and some of the other Members, to appear very fre- quently before the Rules Committee. At no time have I ever ap- peared before that Rules Committee that Chairman Solomon was not courteous and gracious in his accommodations for me. I want him to know that I appreciate that very much, and it is a pleasure to have him back in this Committee. Chairman Gilman. Mr. Lantos. Mr. Lantos. Mr. Chairman, I take it I am next for the 5 min- utes. I would like Chairman Solomon to stay here for a moment be- cause I would like to say some things in his presence. Am I correct, Mr. Chairman? Chairman Gilman. Mr. Clement is next in order but if Mr. Clem- ent will yield to you, we will be pleased to change the order. Mr. Clement. I will yield as long as I can get some time. Chairman Gilman. Mr. Lantos. Thank you, Mr. Clement. Mr. Lantos. I am going to thank my friend. I am going to associ- ate myself with the praise that Mr. Hamilton offered for Chairman Solomon, and I want to associate myself with Chairman Solomon's praise for Scott Ritter. But I want to take exception in the strong- 18 est possible terms to my dear friend's observation concerning the policy of this Administration and Secretary Albright. There is no person in our government or in this Congress, Mr. Solomon, who is as firmly opposed to a policy of craven appease- ment, as you called it, as is Secretary Albright. By history, convic- tion, commitment and understanding, I have a great deal of appre- ciation for Secretary Albright's political and international views. And while I think it is appropriate to discuss differences in tactics, I think it is way beyond the pale to label this Secretary of State and her policies policies of craven appeasement. I think the atmosphere of much of the city at the moment is that of a theater of the absurd, and I very much regret that this theater of the absurd has penetrated the hearing of this Committee. There is a great deal of frustration with respect to Iraq and, with all due respect, may I suggest that frustration is totally misdirected. And I would like to take the moments I have to redirect that frustration to the right sources. I suspect the first source of that frustration is the failure of our Administration in 1991 to finish the job in Iraq. Some of us called for that at the time and we would not be having this hearing had Saddam Hussein been finished as the leader of Iraq at that point. There is proper frustration directed at Saddam Hussein, who at every step of the way, through cheating, lying, and every technique at his command, has attempted and continues to attempt to frus- trate the work of UNSCOM. There is proper frustration to be di- rected at our so-called allies and other countries in the region who enjoy our protection when we come to their aid but refuse to pro- vide a common front with us in facing up to Saddam Hussein. But it is little short of tragic to have this internal division in such an ugly fashion when we all know that the United States has been the most effective proponent of seeing to it that Saddam Hussein lives up to all of his commitments with respect to biological-chemical-nu- clear weapons and missiles used for their delivery. Now, just before we broke for the Thanksgiving break when the crisis in Iraq was mounting, I introduced a resolution, H. Res. 322, which among others you, Mr. Chairman, Mr. Hamilton and others around this table, co-sponsored. I want to read just two paragraphs from it because that resolution was adopted unanimously by the House of Representatives. It is still the policy of the House of Rep- resentatives, and the Administration at the time welcomed that resolution and I take it still supports it. This is what the resolution says in part, and I read just a very brief portion: "Expressing the sense of the House that the United States should act to resolve the crisis with Iraq in a manner that assures full Iraqi compliance with U.N. Security Council resolutions regarding the destruction of Iraq's capability to produce and deliver weapons of mass destruc- tion and that peaceful and diplomatic efforts should be pursued but that if such efforts fail, multilateral military action or unilateral U.S. military action should be taken." Now, this is our policy. This is the policy that this body sub- scribed to unanimously and this is the policy that our Administra- tion has embraced and welcomed, and there has been no changing this whatsoever. I think it is important, since there was an inter- change between Ambassador Indyk and Mr. Hamilton on tactical 19 issues, to recognize that in far more serious circumstances during the conduct of the Second World War, there were legitimate de- bates as to when the Normandy Invasion should take place, wheth- er there should be a front established in the Balkans, and men of equal commitment and equal patriotism took opposite sides of those issues. What we are dealing with here are tactical disagree- ments. They need to be aired publicly and with mutual respect, but phrases such as "craven appeasement" have no place in this dialog, and I earnestly hope that such phrases will not be repeated during the course of this hearing. Chairman Gilman. Thank you, Mr. Lantos. We thank the distin- guished Member of the Rules Committee for joining us. Our next questioner is Mr. Ballenger. Mr. Ballenger. Thank you, Mr. Chairman. Mr. Ambassador, could we get back to the original subject. I and other Members have received complaints from some of our armed forces in Turkey where the overflights for Iraq are taking place. It seems to me that the news media haven't given any coverage, our government acts like there is nothing happening, and yet I keep getting e-mails from our troops that are there about being physically man handled, beat up, so forth. The strikes have begun where workers demand unbelievable amounts of fringe benefits, or whatever you want to call it, and somehow the Turkish Government doesn't seem to be caring about it one way or another. It appears we may be standing alone as far as keeping up the effort of the overflights to make sure that Iraq is not doing anything at the northern part of the country. Has anything occurred one way or another? It has been such a secret—I don't know if it is a secret but nobody seems to pay any attention to what is occurring on our base. I realize it is a joint base, but it is our men that are being deployed there. They can't go out and buy groceries alone. They have to have armed guards to go anywhere. What's going on? Mr. Indyk. Mr. Ballenger, I think the Secretary of Defense and his people are probably the best place to answer in detail your con- cerns and if you will allow me, I will recommend that they get in touch with you and provide you with a full briefing on the situation there. You are right to point out that we are dependent on Turkey for our ability to fly Northern Watch, which polices the no-fly zone in the north and provides a measure of protection for the Kurds. That is a critical support function. It would be very difficult for us to operate in the north without Turkish support, and so we are ap- preciative of Turkey's support in that regard. One of our constant concerns is for the pride of the Iraqi people generally and specifically the pride of the Iraqi Kurds who have suffered so horribly from Saddam Hussein's depredations in the past, including gas attacks. We have here in Washington over the last 10 days the two leaders of Iraqi Kurdish people, Mr. Barzani and Mr. Talabani. We are engaged in a reconciliation. The Sec- retary of State will be meeting with them on Thursday and this, I believe, will be a premanifestation of our support for the Kurds in Iraq, for the Iraqi opposition more generally, and our success in working to unite the opposition so it becomes a credible counter to Saddam Hussein. 20 Within that context of general policy, we have faced some dif- ficulties, as you have suggested, in the operation of the base at Incirlik where there has been a prolonged strike. That has not af- fected our ability to conduct operations although, as you suggested, it has made life difficult for some of our servicemen, but if you will allow me I will get the details of that now. Mr. Ballenger. I would appreciate that. It appears that there is no news coverage. We are not saying anything about it. It ap- pears that we have forgotten our own troops that are over there. I appreciate any kind of informatics concerning that. Thank you, Mr. Chairman. Chairman GilMAN. Thank you, Mr. Ballenger. Mr. Clement. Mr. Clement. Mr. Ambassador, good to have you here today. I think it is regrettable that we seem to be fighting among ourselves now and seem to be rather frustrated, knowing that Saddam Hus- sein, being a ruthless dictator and he sure hadn't been good for his people, and so much suffering in so many different ways with the Kurds and so many other ethnic groups within Iraq. I do think our tactics are different now than before. I would have thought maybe Mr. Ritter, even though he is frustrated, realizes, you know, not every country wants to bring military force at this time. I am one of those that did not want it to come down to the United States versus Iraq. When you are fighting someone who has nothing to lose, that is not a good fight for world opinion as well as what the United States should do, because I believe in coalitions if at all pos- sible. I don't think we should rule out unilateral actions, but whether we can have coalitions, and I have no doubt about the fact that President Bush, if he hadn't—he wouldn't have been able to put that coalition together if he agreed to march all the way to Baghdad. Been good to march all the way to Baghdad, but how do you do that and keep the coalition together? Do you ever foresee a time when the sanctions would be lifted as long as Saddam Hussein is in power? I don't see it today and I am fearful that that is part of our problem because Saddam and some of these other henchmen, well, nothing is going to change as long as they are in power, you know, nothing, you know—why have the inspections, nothing is going to change because these sanctions are not going to be lifted, therefore we ought to take whatever ruthless moves we can take because nothing will change. What about that? Mr. Indyk. That is an argument that is often made by advocates of Saddam Hussein in the Security Council, that there has to be "light at the end of the tunnel to encourage his cooperation." But I think that misses the point. The first point I would make is that the Security Council resolutions provide in very specific terms for the lifting of sanctions when Iraq has fully complied with all the Security Council resolutions, and that is the crux of the matter. It is not a question of that they will never be lifted, but the conditions on which they will be lifted will never appear to be fulfilled. That is not the Council's fault. That is Saddam Hussein's fault because he won't comply. There is a consensus for full compliance and that continues, and I think that that is because it is understood that he has to agree to those resolutions. 21 Now, in that context, our own view is that he does not want to give up his weapons of mass destruction. He wishes to have sanc- tions lifted without giving up his weapons of mass destruction. And our view is very clear that that will not happen. He will not have sanctions lifted, nor will he be able to retain his weapons of mass destruction, and those are our two objectives. As far as encouraging him to comply, I think that it is very clear that if he complies with the Security Council resolution, fully complies, the sanctions will be lifted. Mr. Clement. I just wanted to ask one quick question and that is concerning Mr. Ritter. When did he become so frustrated that he felt like he had to resign or is this something that happened just recently? Mr. Indyk. I can't answer that question, but he is here today and I am sure he can answer it for you. I would just repeat what I had said before that, maybe elaborate a little bit, I think Scott Ritter was involved in a dangerous occupation and for that the praise that is heaped upon him is fully justified. It was not an easy job and it took courage and more than courage, took ingenuity and deter- mination, and he had all of those. And it is unfortunate that the frustrations led him to resign, but I think it is unfair to pin the blame on the United States for those circumstances. Chairman GilmAn. The gentleman's time has expired. Mr. Roth- man. Mr. Rothman. Thank you, Mr. Chairman. Mr. Ambassador, good morning. Good to see you. A great deal of the problem I think a great many of my constitu- ents have about our policies with regard to Iraq are ones of percep- tion of America's resolve to prevent Saddam Hussein from recon- stituting, as you say, its weapons of mass destruction capability. In your statement you take great pains to say that our resolve hasn't changed, our strategy has altered slightly but our resolve hasn't lessened one iota. But for a great many of Americans, they think that there is no willingness to use force behind our apparent threat of force against Saddam Hussein. One of the ways that Americans got the sense that this Administration was serious about Saddam Hussein recently was when the President accumulated all of those warships out there in the Gulf and the media covered it and put it on TV daily. Perhaps, as you know, the media has now been at- tracted to some other things. Perhaps it would have been better for the Administration, if it is possible, to try to draw some attention to the military force that is still currently available to back up our threats against Saddam Hussein. As you point out in your statement, you say that we are as a matter of fact in a better position now—you say we have a signifi- cant strike capability in place in the region, a considerably stronger one than we did at the beginning of the last confrontation. Now, I dare say I don't think one American knew that. Could you explain that statement to us? Mr. Indyk. As I told the Chairman, after the last crisis we went through a policy review and one of the things that we had to deal with was the costs involved in the last exercise. As you remember, the Congress had to appropriate an emergency supplemental of more than a billion dollars to cover the expenses involved in that 22 last crisis where we mobilized so as to back out of diplomacy with the threat of force and, if necessary, to use it. So it is not a cost- free exercise and it has some benefits, as you suggest, in terms of the television images. But it has a lot of costs and we all need to bear that in mind. So therefore, we reconfigured the force so that we drew down one carrier battle group, kept one carrier battle group on station, which by the way is not the norm over the last 7 years. We rotate them in and out of there, but there are times in which normally there may be no carrier battle group at all. Mr. Rothman. You say our force is stronger today than it was at the last confrontation; is that true? Mr. Indyk. That is correct. Mr. Rothman. My suggestion is with all respect—the yellow light is on and I may ask for another 30 seconds or so—is that you communicate that to the American people a little better, with all due respect, because they think we have got no troops in the area and no ships in the area and we have just given up. So if I could make that statement before my time runs out and I apologize for not giving you a chance to answer fully, but you say here that we are going to use force or we would be prepared to use force if Sad- dam Hussein reconstitutes, uses or threatens to use weapons of mass destruction. You say the bottom line is that we will do so if Saddam Hussein breaks out of his strategic box. Now, I am won- dering if those are two different things. And breaking out of a stra- tegic box I understand is threatening his neighbors but the other aspect you talked about which we're assessing closely is if he starts to redevelop weapons of mass destruction. So which is it? Is it both? Are there both instances? Mr. Indyk. There is no contradiction between the two. Breaking out of strategic box is defined broadly to include reconstitution of weapons of mass destruction. Mr. Rothman. Thank you, Mr. Ambassador. Chairman Gilman. We are being notified that there is a 15- minute vote followed by a 5-minute vote. We will continue to go on as long as we can. Mr. Salmon. Mr. Salmon. Thank you. I have two questions and a short com- ment and I will ask you both questions and then hopefully you can respond. First of all, I thank you for being here, Ambassador Indyk. I appreciate your time and attention to this matter. I would like you to speculate as to why our allies who supported our tactics under President George Bush in Desert Storm and many who ap- peared to be more supportive of this President's tactics or policies earlier on are now unsupportive. The second question is, is it pos- sible that Saddam Hussein views these tactical changes as a sign of weakness with this Administration or that there may be a lack of resolve within the Administration to ultimately get the job done and what threats might this pose to the security in the region and ultimately our national security? Mr. Indyk. Thank you, Mr. Salmon. I would say the following: That there are a number of different reasons why we are lacking support for the use of force. I want to make clear there is no lack of support for Iraq's full compliance with Security Council resolu- tions. There is full support for maintaining the sanctions, as was 23 evidenced in the vote last week. But it is not support for now going in and using force to get UNSCOM inspections operating again, and the problem with that is that some don't see the threat in the way that we see it, particularly in the region. They just don't feel threatened by these weapons of mass destruction or the ability to reconstitute the weapons of mass destruction. They feel the con- sequences of the use of force in terms of the reaction of their own populations to attacks by the United States. Others are just in- volved in a kind of fatigue with the whole issue and would prefer it to go away and because they are not superbound, they are not the United States, they don't feel it is their responsibility to have to do something about it. And there are others that don't want to go through the wrenching situation which is costly for them too. Countries like Israel, for example, that had to go through this trau- matic experience of issuing the gas masks again and going on full alert, you know. There are costs to that that a lot of countries par- ticularly came to bear. But that doesn't mean that when push comes to shove or when we have exhausted the other possibilities of diplomacy, and I am not talking about a long period of time to do that, it doesn't mean that when we go back up the escalation ladder, as I think we inevitably will, we won't have the support. We haven't pushed those buttons yet. We have made it clear that it is the Security Council's responsibility to respond and if the Se- curity Council doesn't respond, then we have a much stronger case to take to these countries to say, OK, we have got no choice but to act and we need your support. And I believe that when it comes to a choice between being with the United States or being with Iraq, they will be with the United States. Mr. Salmon. On the second question as to how they might inter- pret our actions, I guess I would amend that to ask you how our allies might interpret our change in tactics as well if they may per- ceive it as a lack of resolve, if Saddam Hussein might perceive it as a lack of resolve and give him the courage to do some things that we don't want him to do. Mr. Indyk. For what it is worth, our friends and allies are prais- ing us. We like what we are doing. It is a kind of mirror image of Congress' attitude. In terms of a lack of resolve, we have to take into our calculation the possibility that Saddam Hussein may actu- ally want us to hit him, that he doesn't see a lack of resolve, on the contrary that he may be trying to provoke us to hit him in order to be able to portray himself as the martyr, in order to crack the coalition, weaken the sanctions regime, et cetera. You know, I would be careful about trying to second-guess what goes on in his head, which is always a very difficult proposition. Mr. Salmon. A final short statement I would just like to make is I would personally appreciate it if the red hot rhetoric used by some toward Mr. Ritter would rather be aimed at Mr. Hussein, who is the real problem. Mr. Indyk. I agree with that. Chairman GilMAn. The gentleman's time has expired. Mr. Davis. Mr. Davis. Thank you, Mr. Chairman. Mr. Ambassador, I just want to clarify that what you are describ- ing as a change of tactics insofar as the need to further collaborate with the members of the Security Council before proceeding with 24 considerations with respect to force, is collaboration that has to do with building support for the use of force, if we have to go that far, as opposed to shoring up support for continuing economic sanc- tions? Mr. Indyk. I am sorry, could you just try it again. Mr. Davis. What I hear you describing as a change in tactics is a need for us to be more collaborative than ever with members of the Security Council before we embark upon whatever process we do to consider the use of force. My question to you is: Is that col- laboration focused on building support for force if it has to be used as opposed to shoring up continuing support for economic sanc- tions? Mr. Indyk. There is continuing support for economic sanctions. We have to be concerned about the smuggling of gas-oil that goes on, which does provide a revenue stream for Iraq. This is separate from the oil for food arrangements. That smuggling takes place in particular through the Shatt-al-Arab down through the Gulf and we have in recent weeks been working with our other partners in the multilateral intradiction force to conduct shore operations de- signed to cut that off. The most effective way that we could cut that oil smuggling off is with the cooperation of Iran because they sneak into Iranian territory waters where the military cannot oper- ate and we made Iranian adherence to the U.N. Security Council resolutions in order to directly affect that kind of operation. But other than that, there is broad support for the economic sanctions and we don't see a lot of sanction violations. We monitor that very closely and obviously there are a lot of activities that Iraq can get involved in so we can't cover all of them. But in general, we have not yet seen the kind of erosion in sanction enforcement that has taken place, for example, in the case of Libya. Mr. Davis. Can you be explicit in describing our policy as being prepared to go at it alone on force if necessary? Mr. Indyk. Yes. I think that should be very clear that if nec- essary force is not off the table. It remains an option and we under- stand very clearly the need to back out of diplomacy by the threat of force and we should never threaten force if we are not prepared to use it. Mr. Davis. The greater level collaboration I hear you describing as a part of this changed tactics, can you elaborate a little bit on how much timing is involved in having to go through that process and how that leads to any risks, as Mr. Hamilton was describing, of greater problems on the inspection front while we are going through that process? Mr. Indyk. It is difficult to put a timeframe on it. We do have a sense of urgency and concern about how long this continues, how long the blockage of UNSCOM's inspections continues. It is a dy- namic situation in which, you know, each week produces some new action or reaction on either our part, the Council's part, or Iraq's part. For example, this week they are threatening to cut off all co- operation with UNSCOM, in effect to throw UNSCOM out com- pletely, which would put us into a more dire situation which the Council really would then have to respond to in even greater viola- tion, and we are actively engaged with other Council members to ward Saddam off from doing that kind of thing. So we will take it 25 step by step. We have to at the same time anticipate actions that he will take along the way and be ready for those as well. But as I outlined before in the first instance, we feel it is the Council's re- sponsibility to respond to this challenge to its authority. Chairman Gilman. The gentleman's time has expired. Mr. Indyk. If it does not, we will have to take our own actions. Chairman Gilman. We have a 5-minute vote following this vote. We will adjourn after Mr. Rohrabacher has an opportunity to ques- tion and, Mr. Indyk, following questions by Mr. Rohrabacher, we hope you will be able to stay at least till noontime. Mr. Indyk. Mr. Chairman, I have to leave at noon if that is all right with you. Chairman GilmAn. By noon. Mr. Indyk. By noon. Chairman Gilman. Thank you. Mr. Rohrabacher. Mr. Rohrabacher [Presiding]. We will have to be quick, Mr. Ambassador. Let me just say that I clearly have disagreements with many of the things that you have said today and many of the things the Administration is presenting as its policy. I think this word game about tactics and policy is not helpful to understanding what is going on with our problems, not only in terms of Saddam Hussein but also in terms of what is going on throughout the world. And what I see is the collapse of America's national security standards that we have had and that have been arranged over the last 15 years. I see a collapse across the board. I know you take exception and others have taken an exception of Mr. Solomon's use of the words "craven appeasement", but I am going to have to say for the record right now that craven appease- ment seems to be what this Administration is all about when it comes to the likes of Saddam Hussein. Whether or not we are talk- ing about the way they deal with gangsters in China or gangsters in Afghanistan or whether we are dealing with the type of dictators and futile dictatorship in North Korea or what is going on in Cam- bodia, across the board this Administration is losing to these penny ante thugs across the world because it seems that they are not tak- ing our word seriously, and I think that is probably exemplified by again another word game you played with us today, is severe con- sequences. I mean, let me just go right up to the heart of the ques- tion. When you say severe consequences and in defending the Presi- dent's use of those words, it didn't seem to me that you were telling us—the only severe consequences was that the status quo wouldn't be maintained. Is that the type of message that is going to convince the Husseins and dictators of the world that we mean business? Go right ahead if you can answer that specific point, if you want, or my general point. Mr. Indyk. Mr. Chairman, with all due respect, I can't accept that we are engaged in craven appeasement. I find that deeply of- fensive, but I will answer your question. Mr. Rohrabacher. I find it deeply disappointing. You can find it offensive all you want. The people of this world are seeing petty dictators face down this Administration, and thus the United States of America, and sends us into retreat. Our policy with 26 Mr. Indyk. I am responsible for the Middle East, and I don't see which dictator is facing us down at the moment. If you are talking about Saddam Hussein, he is subjected to the most severe con- sequences on a daily basis. There is not a nation in the world that suffers more severe consequences from the sanctions that are the most comprehensive in the history of the world, and those have just been strengthened. If that is not a severe consequence, then I don't know what a definition is. But as I made clear to Mr. Ham- ilton, that is one severe consequence. It is not the final severe con- sequence and that is a tactical question as to when and if to lower the boom. But this is a dynamic situation and we are engaged in an effort to get him to back down and that effort is ongoing. Mr. Rohrabacher. Do we support the removal of Saddam Hus- sein from power? Mr. Indyk. Mr. Chairman, we have made clear that we would look forward to the day when we could deal with a government that was more representative and more responsive to the needs of the Iraqi people. Mr. Rohrabacher. I guess that is about as close as we can come to an answer on that. Mr. Indyk. That is correct. I think one thing you need to under- stand is that there is no international consensus for the removal of Saddam Hussein. That is one of the reasons that the Bush Ad- ministration gave for its unwillingness to go and unseat Saddam Hussein. We need to maintain an international consensus if we are to maintain the sanctions on Iraq. Now, if you take the view that the sanctions don't count for anything, then you can tell the rest of the world to go take a hike and not care about their concerns. But if those sanctions are important, then we have to act within the hand of the Security Council resolutions, which do not provide for his overthrow. Mr. Rohrabacher. I understand when an Administration is seeking consensus rather than seeking to provide leadership to the world how that will hamstring our efforts to bring about any change anywhere in the world, especially when dealing with petty dictators like Saddam Hussein or the gangsters that I have talked about before. It seems to me that the consensus strategy that led us to a situation where we committed 500,000 troops and much treasure and a great deal of risk of our country in a confrontation with Saddam Hussein has left us with that very same problem 8 years later. Perhaps it is about time—again, this isn't just aimed at this Administration, although I think this Administration exem- plifies that more than anyone I have ever seen. Do we have to go with the consensus all the time? Shouldn't the United States be providing a tough, strong leadership that the world will follow, as has happened before during the cold war? Mr. Indyk. As I tried to make clear in my opening statement, I believe that we have provided that tough, strong leadership when it comes to the containment of Iraq and that had we not insisted on full compliance with Security Council resolutions over all these years and put a hell of a lot of effort into that we would not be where we are today. Where we are today is that despite his refusal to cooperate with UNSCOM or to comply with the Security Council resolutions, he is paying the consequences. He is paying a very 27 steep price in terms of foregoing hundreds of billions of dollars, in terms of a significant weakening of his military capabilities and the destruction of much of his weapons of mass discussion. Saddam Hussein today does not pose a threat to his neighbors. He is contained. He has the potential to do so and that is of grave concern. That is what we have focused on. But to imagine that nothing has happened over the last 8 years, when the Iraqi econ- omy has been taken down severely as a result of the sanctions, when his ability to threaten his neighborhood has been severely constrained, is to ignore the realities. Mr. Rohrabacher. The Saddam Husseins of this world do not care what happens to their economy. Perhaps the Administration should understand that whether they are in North Korea or, as I say, Afghanistan or Cambodia or all these places across the world where we find ourselves in conflict or in confrontation with these types of petty gangsters, they don't care what happens to the econ- omy of their country. Mr. Indyk. I agree with you. He cares about his economy because his economy is the way that he can rebuild his army and that is the point. Mr. Rohrabacher. Is there anything that we have done that has given Saddam Hussein the idea that he could get away with defy- ing our demand that he comply with his commitments? Mr. Indyk. I think on the contrary. As I said to Mr. Solomon, he rather thinks that by refusing to cooperate he can provoke us and that he will again benefit from the very thing that you would like us to do. Mr. Rohrabacher. So we haven't done anything that suggested to him that there is a weakness in our commitment? Mr. Indyk. Not at all, Mr. Chairman. Mr. Rohrabacher. All right. What I will do is I will leave that at that point because I know Mr. Ritter will probably have some- thing to say about that particular question. Mr. Indyk. I am sure he will. Mr. Rohrabacher. But I am going to give you the last word and then I have to run off to go for a vote. Go right ahead. Would you like to add something? Mr. Indyk. I would. I would just like to reemphasize that our policy toward Iraq has been one in which we have consistently sought to contain the threat that he poses to our neighbors and we have done that successfully. We have also sought consistently to ensure that the Security Council resolutions are complied with and UNSCOM. If you look at the history of its activities as being very successful in that regard in terms of disarming Iraq, the job has not been completed and we will continue to support UNSCOM and insist that the job be completed. Mr. Rohrabacher. You got the last words, Mr. Ambassador. Thank you very much. Mr. Indyk. Thank you. Mr. Rohrabacher. This hearing is recessed until after the votes. [Recess.] Chairman GilMAn. The Committee will come to order. I have been advised that our witness had to leave by noon. We will now proceed to our next witness, Scott Ritter. 29 yet another concession. So one must look askance at any new effort to appease Iraq by calling for a new comprehensive review of its compliance with Security Council resolutions. Such a review is very disturbing. The Special Commission has been placed under such pressures in the past, always at the behest of Iraq. Prior to my departure from the Special Commission, I know the Executive Chairman was under pressure to define Iraq's outstanding disarmament obliga- tions in a manner which would allow such a comprehensive review to achieve the closure of the chemical and ballistic missile files. To do this, the Special Commission would have to cease its investiga- tion of Iraq's concealment mechanism and agree to place its re- maining concerns about retained components and means of produc- tion under a program of ongoing monitoring and verification. Such a move would be fundamentally wrong and would lead to what I have called the "illusion of arms control." This most recent Security Council resolution on Iraq is only re- flective of the continuing pattern of confrontation and concession. I cannot see how the recent resolution did anything more than delay the inevitable. Iraq has paid no real price for telling one lie after another and continuing its obstruction of the weapons inspec- tion teams. If Iraq chooses in the future to allow the resumption of inspection activity, will it be rewarded with yet another round of comprehensive reviews? The danger rests in the objectivity of such a review. The track record of the Secretary General on Iraq is mixed, at best. I believe that the world, and especially the Congress of the United States, must pay close attention in the weeks and months ahead to keep the process of disarming Iraq honest. If recent his- tory is any guide, there will be many pressures placed upon the Special Commission, most behind the scenes and, as such, out of public view, to make compromises of substance concerning Iraq's unfulfilled disarmament obligations. The credibility of the United Nations and the United States is at stake here. I hope that in my testimony here today I might be able to help shine a light on this most important issue. Thank you, Mr. Chairman. Chairman Gilman. Thank you, Major Ritter. [The prepared statement of Mr. Ritter appears in the appendix.] Chairman Gilman. Major Ritter, in your September 3 testimony you asserted it would take 10 years for Iraq to have operable nu- clear weapons, if it had to reconstitute its own fissile material pro- duction program. How long would it take Iraq to activate its nu- clear weapons if it obtained the needed fissile material from the black market or any other source? How many such potential weap- ons does Iraq have at the present time? Mr. Ritter. Mr. Chairman, that question really needs to be an- swered by a nuclear weapons design specialist, because the fissile material, it depends on what form the fissile material is when Iraq obtains it, what kind of machining they had to do to get it down to the proper core size. There are a number of technical issues at stake there. What I have indicated in the past is that the Special Commission had received sensitive information of some credibility which indi- 54-334 99 - 2 30 cated that Iraq had the components to assemble three implosion- type devices, minus the fissile type material, and if Iraq were able to obtain fissile material of the quality and of the proper physical properties conducive to such a weapon, then they could assemble three nuclear devices in a very short period of time. Chairman GilMAn. Are you confident, Major, that Iraq's obtain- ing fissile material from an outside source for its nuclear weapons would be detected by a U.N. weapons inspector or by any other means? How difficult an intelligence task would that be? Mr. Ritter. Mr. Chairman, I can only address the issues that are pertinent to the work of the Special Commission and insofar as we cooperate with the International Atomic Energy Agency. The International Atomic Energy Agency has a comprehensive program of conducting gamma surveys in Iraq which would allow it to map out specific areas of Iraq, and the sensors they use are of a sen- sitivity that if Iraq obtained fissile material, if the fissile material was packaged improperly, there is a high likelihood that it would be detected by the International Atomic Energy Agency through their ongoing survey work. In terms of finding it through the process of inspections, our in- formation is that materials such as the components of a nuclear weapon are protected by the special security organization, as are chemical, biological, and ballistic missile components; and this, in fact, was the purpose of the inspection teams that I was tasked with leading, to break through the wall of concealment put up by the special security organization and get to these components. We have not been allowed to do these jobs, so, right now, my con- fidence in the ability of the inspection process to find these compo- nents or this fissile material is very low indeed. Chairman Gilman. Well, then, Major, the Iraq facilities you were blocked from inspecting include those in which Iraq is thought to be hiding its components for the nuclear weapons? Mr. Ritter. Mr. Chairman, we were attempting to conduct a comprehensive campaign of inspections against the special security organization in an effort to define the precise methodologies that they used to hide all components—chemical, biological, ballistic missile and nuclear—from the Special Commission. We were not going after solely the nuclear capability or the chemical capability or the biological capability. We were going after them from a stra- tegic standpoint. So, in blocking the inspections, you, in effect, blocked our ability to find the components in all four areas of con- cern. Chairman GilmAn. Major, a respected trade journal called Nucle- onics Week has reported that IAEA was informed that Iraq had de- veloped a scale model of a nuclear weapon. Did UNSCOM have any access to information about such a scale model? Mr. Ritter. Mr. Chairman, in my role as the chief of the Con- cealment Investigations Unit, I coordinated very closely with the International Atomic Energy Agency's action team, and we shared a lot of sensitive information. I think I need to yield the exact na- ture of those discussions. I think it would be inappropriate for me to discuss those. But I should say they were very forthcoming in telling us what they knew, and we were likewise forthcoming in letting them know what we knew about Iraq's nuclear programs. 31 Chairman Gilman. Are you aware of any other activities of Iraq that would indicate they are preparing to conform the nuclear bomb components to a missile delivery vehicle? Mr. RiTTER. The Special Commission has conducted investiga- tions into activities that took place in the fall of 1990 in which a SCUD-type ballistic missile warhead was turned over to the nu- clear weaponization team of the Iraq nuclear weapons program, and we have concerns that measurements were being taken and that a redesign of the weapon was being done so that it could fit into a conventional dimension SCUD warhead. One of the problems is that Iraq refuses to discuss the time de- sign phase of its nuclear weapons program. This is an outstanding issue I believe the IAEA has highlighted to the Security Council, and it is one which is still under investigation today. Chairman Gilman. Major, one last question. You mentioned a short period of time. Would that be weeks, months, years? What would you define as a short period of time? Mr. Ritter. If the components of the implosion device are oper- ational, if they have not been damaged through moving them around the country and hiding them from the inspection teams and the fissile core is of the correct properties, it is a matter of days, maybe weeks, before they could be assembled into a device. Chairman Gilman. Thank you, Major. Mr. Menendez. Mr. Menendez. Thank you, Mr. Chairman. Mr. Ritter, first of all, let me thank you for your service to our country in this regard. There are many of us who share the frustra- tions that you have exhibited through your resignation and your comments today. I want to pursue some of the things you have said in your testi- mony and get a better sense of them specifically. When you say, "I have been very critical of specific actions un- dertaken by the United States to interfere with the difficult inspec- tion task being carried out by the Special Commission," can you tell the Committee what specific actionsyou are referring to? Mr. Ritter. Yes, Mr. Menendez. The actions basically are a devi- ation from an agreed-upon course of action that was undertaken in May 1997 in which the Special Commission carried out a joint briefing with the United States and United Kingdom representa- tives. We set forth our model of how Iraq is concealing prohibited materials and weapons from the Special Commission and our meth- odologies of how we proposed to go after this. At that time, both the United States and the United Kingdom embraced the model and gave the go-ahead for us to proceed in this course of action. However, once the inspection teams were ob- structed by the Iraqis decisively in October 1997, since that time the United States has undertaken a series of actions which have retarded the ability of the concealment-oriented inspection teams to carry out their work. This was most recently exhibited in the events of July and Au- gust in which two teams that I was responsible for forming and leading were prevented from carrying out their disarmament tasks in Iraq because of specific intervention by the United States in the form of telephone calls with the Executive Chairman. 32 Mr. Menendez. Where did those calls come from, to your knowl- edge? Mr. Ritter. Again, I was not there. In July, I was in New York. I know that the meetings took place and they were person-to-per- son meetings, one meeting taking place at the United Kingdom mission in New York and the second meeting taking place at the U.S. mission in New York. That was in July. Then in August, while I was in Baghdad awaiting orders, the Ex- ecutive Chairman received telephone calls while he was in Bahrain and then again once he returned to New York. Mr. Menendez. Did the Executive Chairman let you know in fact that these interventions were taking place and that is why he was giving you new instructions? Mr. Ritter. Yes, sir. I had a very close and professional relation- ship with the Executive Chairman. These were not small-level deci- sions that were being taken. They were actually the heart of some of the major inspection activities we were doing. As such, the Exec- utive Chairman kept me fully informed. Mr. Menendez. Did he share with you who, what individuals from what departments, were giving him those instructions? Mr. Ritter. The personnel who were close to the Executive Chairman informed me on who he was talking with. The Executive Chairman merely said it was senior representatives of the United States. Mr. Menendez. Were they from the State Department? Mr. Ritter. My understanding from personnel who were familiar with the conversation is that, on at least several of the occasions, the intervention was conducted by the Secretary of State and, on others, by the deputy Ambassador to the U.S. mission and, on the part of the United Kingdom, by the head of the Middle East De- partment of the Foreign and Commonwealth Office. Mr. Menendez. Two other quick questions. You say in your testi- mony, "I know that the Executive Chairman was under pressure to define Iraq's outstanding disarmament obligations in a manner which would allow a comprehensive review to achieve the closure of chemical and ballistic missile files." Again, from where was that pressure? And since I see my time is almost going to run out, I would like to ask one other question, and you can respond to both. Each time that you were foiled in your attempts on inspections and concealment and whatnot, do you know if in fact that created opportunities for the Iraqis to move what you suspected were the types of weapons that would have fallen under the purview of the U.N. resolutions and, therefore, frustrate any potential opportunity to truly determine the extent of their components and the develop- ment that they had acquired? Mr. Ritter. Thank you, Mi*. Menendez. To answer your first question concerning pressure, understand that one of the policies of the United States is consensus building. Therefore, the United States gives, at a minimum, equal weight or in some cases a great- er weight to the viewpoints of members of the Security Council that are in opposition to the U.S. policy—namely, France and Rus- sia. 33 What happens when we back away from inspection-based con- frontations and we seek a diplomatic alternative, the voice of Rus- sia and France, China and other members becomes much stronger, and the Executive Chairman is placed under continual pressure from these nations to seek a compromise solution to reduce the dis- armament obligations, to minimize them in a manner which would be acceptable to Iraq, while being a deviation from the provisions of Security Council resolutions. This is the kind of pressure that I am talking about. There is no corresponding pressure from the United States placed on the Exec- utive Chairman to withstand these pressures. In fact, he is encour- aged to receive the advice from these representatives. This same pressure comes from the Secretary General. Concerning being foiled or frustrations once inspections are stopped, understand that the concealment mechanism operates on a phased cycle. We have been assessing this for several years now. We currently believe that Iraq changes its phase of concealment, that is, the practices used to conceal material from the Special Commission and the International Atomic Energy Agency, on a 30- day basis, a 30-day cycle. So we must receive information, assess information and act on this information in a very short timeframe. If we do not do so, we will be punching, in effect, into an empty bag. We will be going to sites which have been vacated. That is why timing of inspections is crucial. If you interrupt an inspection, you interrupt not only that par- ticular effort but you disrupt an entire campaign which the Special Commission has undertaken to defeat that particular cycle of con- cealment. That was the heart of the program that I was charged with carrying out on behalf of the Executive Chairman, and this is why such interventions by the United States in July and August are disastrous, if we are serious about taking on Iraq's concealment mechanism. Mr. Menendez. Thank you, Mr. Chairman. Chairman Gilman. Mr. Bereuter. Mr. Bereuter. Mr. Ritter, thank you very much for your testi- mony. I would explain that the Committee on Banking and Financial Services caucus, and distinguished visitors from Thailand, kept me from being here while Ambassador or Secretary Indyk was speak- ing. However, I did want to make a couple of comments that would relate to him and the Administration. Of course, if it prompts you to say anything as a result, Mr. Ritter, I would be happy to hear it. I did want to say to the Administration and to the Secretary, and I hope it gets back to him, that while informing the allies in UNSCOM was important, we are allies. We are in the same gov- ernment. We have not been involved or informed about changes in tactics which are perceived to be changes in policies. Chairman Gross's letters, which Chairman Solomon submitted, talk about three recent instances where he feels that the Adminis- tration on crucial issues has failed to consult with Congress prop- erly or else has avoided a full and truthful discourse with this branch of government, the Congress. 34 Chairman Gross says, 'The green light to Iranian involvement in Bosnia, various Chinese proliferation activities and the Russian complicity in the Iranian weapons development program are but that three that come to mind." There are two things I hope the Administration keeps in mind with respect to Iraq. One is that the more the Administration threatens without delivering on that threat, the more difficult the situation, the consequences and the actions that will eventually face this country. The second thing to remember is that Saddam Hussein was de- feated. He may not have been deposed, but he was defeated. He is not really regarded as a full and legitimate member of the inter- national community, and neither is his country. Therefore, we should not treat them as if they are full and legitimate, accepted members of the international community in the actions we take or that we encourage the United Nations to take. Finally, I would say, and this is the part to which you might want to refer and comment upon, Mr. Ritter, I think that the limi- tations imposed upon our UNSCOM inspections or those that we have applied to ourselves do give me little confidence that we will be able to detect the resumption of development of weapons of mass destruction by Iraq. I expect some day we are going to have to use force again. We are going to say, in retrospect, we were wrong in expecting that the UNSCOM inspections were able to detect those kinds of resump- tions of programs to develop weapons of mass destruction or mis- siles. I am afraid that is where I am today. I have little confidence that even under the full regime that had been implemented, that we would have been able to detect those development programs being resumed. Thank you, Mr. Chairman. If Mr. Ritter has any comments on particularly the last point, I would welcome them. Mr. Ritter. Thank you, sir. All I would like to add to that is that there is no doubt that the inspection tasks that the Special Commission and the IAEA have today are more difficult than had been originally envisioned when these two organizations, one, the Special Commission was commis- sioned in 1991 and, two, the IAEA was given the task of inspecting Iraq. The world expected a conventional disarmament program con- ducted along classic lines, where Iraq would declare its holdings, we would verify their declaration, and then we would oversee the disarmament. The world did not envision a confrontational regime where Iraq would conduct active measures to protect retained pro- hibited materials, and the inspection bodies would have to under- take active measures to try and expose these activities. There is no book on this. There is no precedent. We have no standard operating procedure to fall back on. So if there is confu- sion around the world, to include the United States, on how to pro- ceed down this path, it is because in part we have never done this before. Can we succeed? I was given a job to do, along with all my other colleagues. It is a very difficult job, and no one thought it would be easy, but we were trying to succeed. A lot of people said we had 35 no chance, but we felt that we had come up with a methodology of work that, had we been allowed to go forward, we could have de- tected, we could have uncovered these programs and, given the free rein that the Security Council promised us, we would prevent them from reconstituting weapons. But it is not happening today. Chairman Gilman. The gentleman's time has expired. Mr. Lantos. Mr. Lantos. Thank you, Mr. Chairman. I yield to Mr. Rothman. Mr. Rothman. Thank you, Mr. Lantos. I am grateful. Mr. Ritter, two questions. One, do you have evidence that Iraq has reconstituted any of its weapons of mass destruction? And, two, Ambassador Indyk was here earlier. He testified that America has a significant strike capability in the region, a considerably stronger one, those are his words, a stronger one than we did at the begin- ning of the last confrontation with Baghdad, and that we can aug- ment that force rapidly, should we need to do so. Do you agree with his assessment on our level of force in the re- gion and has there been any evidence of reconstituting of weapons of mass destruction by Saddam Hussein? Mr. Ritter. Yes, sir. Let me first say that I am here before you as an inspector with 7 years experience implementing Security Council resolutions in Iraq. That was my job, and that is what I feel capable of responding to. I can't answer your question about the level of military force in the region. That is an issue that the national security policymakers of this government must formulate this, and they are the ones that have to be held accountable for that. It is outside my purview as an inspector to talk about that. About the evidence of reconstitution, one of the problems is that we are frustrated by the fact that Iraq has never provided a full accounting of its past programs, so we cannot, therefore, tailor a regime of inspections and monitoring to detect reconstitution if we don't know from the beginning what they had to start with. What I can say is that, through the work of not only my team but the entire Special Commission and the IAEA, we have found sufficient hard evidence of Iraq's attempts to acquire dual-capable machines, to acquire components which can be used in weapons of mass destruction, and that they have retained components and ma- chines of dual capability and of a prescribed capability that they have not turned over to the Special Commission which would give them the ability to rapidly reconstitute prohibited weapons, chemi- cal weapons, biological weapons and long-range ballistic missiles. Mr. Rothman. Do you know the location of those, the last cat- egory, those that they retained? Mr. Ritter. One of the jobs I was given was to try and find those locations. Understand that they moved them around the country quite frequently, so we have a very difficult intelligence problem. Mr. Rothman. You know, nonetheless, that they have them? Mr. Ritter. We have what I would say is evidence of such high credibility that we have a very high degree of certainty that they have these capabilities. It is impossible to say whether you have them or not until you actually get your hands on them, but the in- telligence information is of such a high degree, high quality, that we have a very high degree of certainty that these weapons exist; 36 and in August we had high-value intelligence on a specific location, on locations in Iraq where components of this nature were hidden. Mr. Rothman. Thank you, Mr. Chairman. Thank you, Mr. Lantos. Mr. Lantos. Major Ritter, I said this earlier, but let me repeat this. You have done great service to this country, and we are all deeply in your debt. I personally have great admiration for your work. Mr. Ritter. Thank you, sir. Mr. Lantos. I hope you understand that this is about as far from an adversarial hearing as the Congress is capable of holding. What I would like you to react to, and perhaps reflect on, is the comment in your Senate testimony concerning your frustration, because we certainly appreciate and understand your frustration and have tre- mendous respect for the fact that, despite this frustration for 7 years, you stuck it out and did an outstanding job. How would you deal with the issue that perhaps your frustration is misdirected? You are a man of great intelligence. You surely un- derstand that the U.S. Government has been, by far, the strongest on the issue to which you have dedicated 7 years of your life. It seems to me that, at bottom, the dispute between you and the De- partment of State is a fairly classical dispute of the individual in the field and the individual at headquarters. Each one has advan- tages. You certainly understand what is happening in the field infi- nitely better than anybody in the State Department, but I think it is probably fair to say that people in the State Department who have dealt with international policy issues—and this is not the first one where we need to obtain support of many other countries and deal in a very murky and complex environment—they may under- stand better the issues of timing and tactics. Because I would give my right arm if I could somehow persuade you to reconsider your decision. You are an invaluable member of a most critical operation, and while I fully understand your frustra- tion and the reasons for your frustration, time has now elapsed. You have probably received accolades from across the political spec- trum, and I am very proud to be part of those accolades. But I think it is important to step beyond the range of the dis- pute you have had so far and recognize that Secretary Albright and the State Department and you are, in fact, on the same team, that you may have some technical differences or timing differences but it would be very important and very critical for the goal to which you have given 7 years of your life to close ranks and move to- gether. I know my time is running out, but there is just one small quote I would like to offer from a gentleman you know very well, because I think you worked under him, Ambassador Rolf Ekeus, who was the first chairman of UNSCOM, as I recall. I presume you share my high regard for him. He is the current Swedish Ambassador to the United States and did an outstanding job, as did you, as did Ambassador Butler. But Rolf Ekeus is quoted in the September 9 issue of the Post saying, and I will paraphrase, "In a very narrow sense, you, Major 37 Ritter, you are always right. But you lack political perspective," he says, "and you had difficulty seeing the whole picture." This is not a hostile statement. It is the quintessential juxtaposi- tion of the statement from headquarters and the statement from the field, and it has been going on ever since we have had oper- ations of this kind. Would you entertain the possibility, and I would be most happy to attempt to facilitate it, of sitting down with Secretary Albright and discussing this matter, which I think would be very salutary for both of you? And I think it would close a gap which is present and, in my judgment, in a manner which is very damaging to our national interests, which surely you do not wish, and I know she does not wish? Chairman Gilman. If the gentleman will yield, I think that could have been facilitated if the Secretary had been here today at our request. Thank you for yielding. Mr. Lantos. I don't think that a congressional hearing is the ap- propriate forum for a tete-a-tete, with all due respect, Mr. Chair- man. Chairman Gilman. Thank you. The gentleman's time has ex- pired. Mr. Lantos. Would you respond to the issues I raised? Mr. Ritter. Yes, sir. Mr. Lantos, you understand that I have spent 7 years of my life doing this job. Mr. Lantos. I do, and I respect it. Mr. Ritter. Also, understand that the U.N. Special Commission was the sole authority for carrying out the provisions of Security Council resolution. Mr. Lantos. Right. Mr. Ritter. That I was stationed in New York, not in Baghdad. Therefore, I was stationed at the headquarters. So I don't view my- self as a field personnel with limited, myopic vision. In fact, I was a key member of the staff of both Executive Chairmen responsible for carrying out these difficult inspections. We carried out these in- spections in an international environment. While I may not have sat in on all of the policy coordination meetings that took place in Washington, DC, as American policy work was formulated, I did have very close relations with people who did sit in on these meetings, who passed on the results of these meetings to me. I believe that I was very well informed at all times about what U.S. policy was toward Iraq and what the pol- icy objectives were toward Iraq. Let me make a statement here. America, the United States of America, is and was the No. 1 supporter of the Special Commis- sion. There can be no doubt about that. The Special Commission could never have achieved what it did achieve without the support of the United States. Madeleine Albright is a person whom I have the highest respect for. She is a woman of strong will, she is a pro- fessional, and she has held Iraq to strict accounting for their mis- deeds, and she will continue to hold them. Mr. Lantos. It is nice to hear you say this, because that is ex- actly my judgment. Mr. Ritter. Having said this, I need to again reiterate the fact that I traveled around the world in an effort to get support for a 38 counter-concealment strategy. It is not conventional arms control. This is not what the world envisioned when they formed the Spe- cial Commission. The task that I started under Ambassador Ekeus and I continued under Ambassador Butler at the Special Commis- sion is something new, something no one had ever tried to do be- fore. We would not set forth without support from around the world. So not only do I feel comfortable in talking about American for- eign policy and how my actions were conducted to keep in concert with American foreign policy objectives, but I feel comfortable talk- ing about the foreign policy objectives of the members of the Secu- rity Council and people around the world who were responsible for providing support to the Special Commission. My frustration was not solely the frustration of a field com- mander. My frustration was the frustration of somebody in the know, who has been in the know for a sustained period of time, who came up to the reality that, in August 1998, that the work that I have been trying to conduct was going nowhere and, in fact, we were being asked to make compromises of integrity by the Secu- rity Council, by the Secretary General, and indeed, although not explicitly but implicitly, by the United States. This could not be allowed to stand and was one reason why I chose to resign. And, believe me, I would love to be in Iraq today doing my job of finding these horrible weapons or in New York sup- porting the other brave people in the Special Commission who do this task. But I realized that I was not going to be allowed to carry out this task, and only through resigning and bringing this issue to the forefront, to this kind of debate here, were we going to get a policy change that would get the inspection teams back in Iraq, back on track, back toward the difficult job of disarming. Chairman GilmAn. The gentleman's time has expired. Mr. Chabot. Mr. Chabot. I thank the Chairman. This Administration likes to talk tough but then not follow up with action. Back during the era of President Teddy Roosevelt, we talked about walking softly and carrying a big stick. I think far too often this Administration walks with a great deal of bluster but doesn't seem to have a clue of what to do with the stick. I just want to say, Major, that I consider you to be a patriot, a true patriot, and having the courage to resign when it was being made virtually impossible to really do your job right I think took a lot of courage. I think by resigning—although I agree with Mr. Lantos to the extent that I would love to have you over there doing these inspections, because I think you are probably the most quali- fied and the most hard-nosed and best inspector that we have—but I think by resigning you have drawn attention to the fact that the inspections aren't being done and the U.S. role, apparently, behind the scenes in not only not pushing for the inspections but not want- ing to draw attention to it. So I think we can have it both ways. You have drawn attention to it, and that was a courageous thing for you to do. I want to thank you for it. In The Washington Times they had a recent editorial, and I just wanted to quote one small section from that. This talked about, 40 What do you make of that statement, in terms of what the reali- ties of what has gone on? Mr. RittER. Thank you, sir. The June 22 letter, I believe, reflected frustration that grew out of the aforementioned April relook at American policy toward Iraq that I believe Ambassador Indyk has discussed. At that time, the United States decided that to carry out inspections of discovery which would lead to confrontation, that that was not in the best interests of the U.S. Government, that that would allow, in their opinion, Iraq to pick the time and place of confrontations. So the United States put pressure on the Special Commission, through a number of ways, to stop these inspections. In fact, one of the things that occurred was that the team that I had assembled and built in August 1997 was actually dismantled and reconsti- tuted in a manner which was more in keeping with what would be politically acceptable to the French and to the Russians and not what was practically acceptable in terms of carrying out meaning- ful inspections. We were also told that the standard of information that we had to act upon would be raised to a much higher level. We could no longer carry out inspections based upon information that might not be 100 percent. We tried to adjust to this. In fact, we did adjust. When we heard that the President came back and said we could carry out inspections using the means of our own choosing, we went to Washington, DC. I traveled to Washington, DC and met with representatives from the State Department and asked, does this mean we have the green light to move on? I am ready. Is the United States ready? I was told at that time, yes, you can go for- ward. We gathered the intelligence, we assessed the intelligence, and we came up with sites in Iraq. We put together a comprehensive plan to avoid detection by Iraq, and we got 45 inspectors in place in country ready to carry out this inspection. Yet, in July, the United States had a change of mind, maybe a change of tactics. They stopped the inspection. We lost the capabil- ity, we lost the information that we were basing the inspection upon, and we were forced to shift our time lines forward into Au- gust. So the June 22nd letter, I believe, had a good impact in that it got the President of the United States to say that we could carry out inspections using the means of our own choosing, but there was no real practice to this policy by the United States. Mr. Fox. The last question, has Iraq used the U.N. Oil for Food programs to import dual-use goods or other programs for its banned weapons programs? And does the U.S. Government have any information that Iraq is receiving or has received illegal ship- ments through this program? Mr. RiTTER. The Special Commission has no direct way of mon- itoring the Oil for Food program. However, through the work that my unit was carrying out, we did receive information, very specific information of the highest quality, that indicated that Iraq was using Oil for Food as a cover, procurement cover, for receiving ma- terial related to ballistic missile production. We assumed that they would be doing the same for chemical and biological as well. 41 We also had information that Iraq maybe, perhaps not through Oil for Food but through sanctions violations, has received high-ca- pability, computer-controlled power tools for access, machine tools which they are now currently using as part of their ballistic missile program which were imported illegally, and if strict enforcement of the resolution issue was indeed what people wanted, should be im- pounded and, in fact, destroyed by the Special Commission. Mr. Fox. Mr. Chairman, may I ask one final question? Chairman Gilman. Yes, proceed. Mr. Fox. Could the U.N. Security Council or any member of the Council take action to stop these shipments if they were to be pub- licly documented? Mr. Ritter. I have always been led to believe through my work that it was best if we worked away from public scrutiny. Maybe the experiences of this last summer will lead me to believe that it might be more effective to work in public. But the problem with public documentation is that sensitive sources and methods of intelligence collection would therefore be compromised, and the Special Commission has spent the last sev- eral years developing a very capable capability in that regard, one which would need to be protected. Mr. Fox. Thank you for your testimony and your leadership and courage. Mr. Ritter. Thank you, sir. Chairman GilmAn. Thank you, Mr. Fox. Mr. Brady. Mr. Brady. Mr. Chairman, first, I would like to ask unanimous consent that a statement on the matters we have been considering today by Richard S. Williamson, Assistant Secretary of State for the International Organization Affairs during the Reagan Adminis- tration, be included in the record of today's proceedings. Chairman Gilman. Without objection. [The prepared statement of Mr. Williamson appears in the ap- pendix.] Mr. Fox. Mr. Chairman, may I have my opening statement put in the record? Chairman Gilman. No objection. [The prepared statement of Mr. Fox appears in the appendix.] Mr. Brady. I am sorry Mr. Lantos had to leave the hearing today. I have a great deal of respect for him, and his contributions to this Committee over the years are remarkable. But the fact that he is not here at this moment, I will suffice it to say that his ear- lier statement that the reason we are here is because President Bush did not finish the job is simply wrong. The fact of the matter shows that the objectives of Operation Desert Storm to roll back Iraq's brutal invasion of Kuwait suc- ceeded brilliantly, and the fact of the matter is that the inspections process and the destruction of weapons of mass destruction and bi- ological weapons in Iraq that this Administration claims as achievements are, in fact, a direct result of President Bush's efforts leading the coalition forces. The facts also show that on this Administration's watch the progress has been just the opposite. The fact of the matter is that this Administration has not, and will not, do the job necessary to 42 enforce vigorously and aggressively enforce investigations that allow us to seek out and destroy these weapons and to keep Amer- ican troops from entering that country out of frustration. The proof is in the pudding, and the fact that Major Ritter is here today fur- ther demonstrates it. Major Ritter, earlier we heard testimony that U.S. efforts to pressure the Commission to avoid provoking Iraq by postponing or canceling disarmament inspections were dismissed as merely tech- nical suggestions, routine in nature, low-level issues—even though they had been discussed at the National Security Council by a Sec- retary of State—low-level issues that, in fact, were so routine that you yourself participated in similar efforts. Would you comment on that? Mr. Ritter. Yes, sir. The job of disarming Iraq is the responsibility of both the Special Commission in the fields of chemical, biological and ballistic mis- siles and the International Atomic Energy Agency in the field of nuclear weapons and fissile materials. How that fits in vis-a-vis what the overall foreign policy objectives of the United States are, whether that is a low-level objective or something, that is some- thing that the United States has to address. But from the perspective of the Special Commission, these are very serious issues. We were given a very serious task by the Secu- rity Council, and we didn't view this disarmament as something being routine in nature or a low-level issue. We, in fact, viewed it as a major issue, and every inspection that we undertook in Iraq was not routine. It was a unique exercise specifically tailored to achieve a specific disarmament objective. Therefore, when somebody intervenes to disrupt a campaign of discovery—and that is what we were conducting, campaigns, each inspection we viewed as a battle, a battle to achieve a specific goal, but we tried to string these inspections together in an overall cam- paign which would seek to expose Iraq's concealment mechanism. So once you intervene and stop a specific inspection, you have dis- rupted the entire campaign. That is not a technical issue. That is not a routine issue. That is not a low-level issue. Such intervention I would state is, in fact, a high-level issue. When you intervene to disrupt a campaign you have disrupted something on a strategic level. You have prevented the Special Commission from carrying out, using the means of its own choosing, inspections of discovery which were designed to expose the concealment mechanism used by Iraq to retain components, means of production and, indeed, per- haps weapons which are proscribed by the Security Council resolu- tion. Mr. Brady. Major Ritter, you have a unique perspective. I am sorry it has come to the point that, after so many years of dedicat- ing yourself to this issue, that the support was lacking for the troops in the inspection battle and campaign and that you had to reach the level where you needed to step down out of principle. I appreciate your courage and your perspective today. Mr. Ritter. Thank you. Mr. Brady. Thank you, Mr. Chairman. Chairman GilMAN. The gentleman's time has expired. Thank you, Mr. Brady. APPENDIX Statement of Martin S Indyk Assistant Secretary for Near Eastern Affairs Department of State House International Relations Committee September 15, 1998 I welcome this opportunity to be here to discuss United States policy towards Iraq. In recent weeks, there have been a lot of charges leveled at the Administration, and at the Secretary of State personally, for supposedly pursuing a "duplicitous" policy towards Iraq. I welcome the opportunity to set the record straight. The objective of Operation Desert Storm was to roll back Iraq's brutal invasion of Kuwait. In that, it succeeded brilliantly due to strong leadership from President Bush and the courage and skill of coalition forces, led by the United States. But as President Bush recalls in his new book, the war did not end like World War II, with the surrender of the beaten Army and the punishment of the villainous enemy leaders. Although humiliated and weakened, Saddam Hussein and his military survived. We have been dealing with the consequences ever since. From the outset, our goal and that of the UN Security Council has been to deny Iraq the capacity ever again to threaten international peace and security. Our tools have included: • the UN Special Commission (UNSCOM), which was authorized by the Security Council: 1) to carry out inspections to verify Iraq's declared programs for chemical and biological weapons and missiles, and to seek out what Iraq would not declare; 2) to destroy those programs or render them harmless, and 3) to monitor Iraq in order to deter any attempt to revive these programs; • inspections by the International Atomic Energy Agency (IAEA) to accomplish the same tasks in the nuclear weapons area; and • economic sanctions, which create an incentive for Iraq to comply with weapons inspection and monitoring activities, as well as its other obligations under Security Council resolutions. This effort has paid dividends. (45) 46 2 Year by year, Iraqi efforts to conceal its weapons of mass destruction programs have been unmasked. Slowly but surely, the world has learned more about the extent of Saddam's preparations for biological warfare, the use of poison gas and the development of nuclear weapons. In the process, UNSCOM and the IAEA have forced the destruction of more Iraqi weapons of mass destruction capacity than was destroyed during the entire Gulf War. Throughout this period, Iraq has tried and failed to undermine Security Council unity on the key points of compliance and sanctions. At the same time, with our allies, we have constrained Iraq's military options through Operations Southern and Northern Watch and, when necessary, the reinforcement of our military presence in the Gulf. As a result, the military threat posed by Iraq has been effectively contained. But that threat has by no means been eliminated. Despite the best efforts of UNSCOM and the IAEA, Iraq has not disclosed the full truth about its chemical and biological weapons programs. UNSCOM believes Iraq is probably concealing SCUD missiles. And questions remain about Iraq's nuclear programs. As long as Baghdad is under its present leadership, we must expect that Iraq will reconstitute its weapons of mass destruction if given the opportunity. Iraq's goal is to gain relief from sanctions without revealing more about its weapons programs. To this end, Baghdad has repeatedly probed for weaknesses in the Security Council's resolve. It has sought to create divisions among Council members. It has exploited with breathtaking cynicism the suffering of its own people. It has appealed to Arab solidarity. And, most tellingly, it has tried to portray itself as the victim in a confrontation with a runaway UNSCOM being ordered about by an arrogant and callous United States. To dramatize this charge, Iraq has halted cooperation with UNSCOM on three occasions during the past year, most recently at the beginning of August. Throughout, we have countered Iraq's outrageous propaganda with plain truth. We have backed UNSCOM's efforts to expose the contradictions between Iraqi declarations and the physical and documentary evidence. We have stressed the importance of full compliance with Security Council resolutions. We have led the effort—which Saddam Hussein resisted for years—to establish the oil for food program that is addressing the humanitarian needs of the Iraqi people. And last spring, we threatened to use force—as we have on three separate occasions since the end of the Gulf War—if Iraq did not permit UNSCOM inspections to resume. In the face of that threat, it did. 47 3 Over the past year, senior Administration officials have probably had more conversations with our foreign counterparts on these subjects than any other. In Washington and in capitals abroad, we have relendessly advanced the U.S. position that the consequences of Iraqi noncompliance are unacceptable and that firmness is the only language Saddam understands. Many governments agree with that, but others have a different view. It is worth recalling that the international coalition assembled by the Bush Administration in 1990 came together to drive Iraq out of Kuwait, and not for any more far-reaching purpose. As former National Security Adviser Scowcroft recalls, even before the ground war against Iraq began, "the political situation was volatile and the coalition perhaps deteriorating" Today, as a result of vigorous diplomacy conducted by two Presidents and four Secretaries of State, backed by bipartisan leaders in Congress, there remains an international consensus that Iraq must comply with UN Security Council resolutions and cooperate with UN weapons inspectors. There also remains agreement that sanctions should continue until these conditions are met, but some on the Security Council would like to weaken the conditions and weaken UNSCOM to achieve that purpose. And there never has been, and is not now, a consensus about whether or in what circumstances force should be used in an effort to compel Iraqi compliance with the Council's postwar resolutions Some countries that supported the use of force to roll back Iraq's brutal and blatant aggression in 1990 simply feel less threatened today by a weakened Iraq and do not see failure to comply with UN inspections as a "bombing" offense. Others argue that military strikes would backfire because they would engender sympathy for Iraq while not restoring the effective operation of UNSCOM or ending Iraq's ability to build chemical and biological arms. Some governments are content, perhaps for commercial reasons, just to sit on the sidelines and let the United States assume the full costs and consequences of dealing with Saddam Hussein. Some nations, including some historic allies of the United States, argue that our goal is simply to keep sanctions on Iraq forever, and that we are not providing Baghdad with any real incentive to cooperate. Finally, there exists a perception in parts of the Arab world that the enforcement of UN Security Council Resolutions reflects a double standard. We have tried our best to rebut that presumption, but it persists nevertheless. 48 4 For a combination of these reasons, outside the United States not a single country in the world is calling for the use of force to respond to Saddam Hussein's latest refusal to cooperate with UNSCOM. This, then, is the diplomatic context within which we must operate if our goal of eliminating the security threat posed by Iraq is to be achieved. Aspects of it were mirrored in our discussions here in the United States about the wisdom of taking military action during a similar confrontation with Iraq last winter. The widely disparate advice provided to the Administration by the Congress and by others is a symptom of the difficulties involved. The choices we face are not those of some ideal world in which our perceptions are universally shared, the American people are united, all our allies are on board, the road to success is clearly marked and the consequences of our decisions are fully predictable. Rather, we face hard choices in the real world, in which every event affects the next, and the political terrain shifts with each passing day. It is a world in which the costs and benefits of alternative courses of action must be considered with deliberation, for they are not obvious. In recent weeks, some have suggested that the United States has not done enough to support the work of UNSCOM. It has even been suggested that we have tried to prevent UNSCOM from discovering the truth about Iraq's weapons of mass destruction programs. The people who level these charges are undoubtedly well-intentioned. But they work from a different set of facts than the Administration does With respect to Mr. Ritter personally, as UNSCOM Chairman Butler told the New York Times last week, the testimony he has given as to these facts was "often inaccurate in chronology and detail" and was therefore "misleading" As I said, the Administration has to work on the basis of a broader set of facts. First is the fact that the United States has been by far the strongest international backer of UNSCOM. For years, we have provided indispensable technical help, expert personnel, sophisticated equipment, vital diplomatic backing and logistics and other support. Nothing has changed in that regard. For example, in May of this year. National Security principals agreed that the heads of all relevant U.S. agencies should issue new to directives ensure that UNSCOM and IAEA inspections would receive high priority support throughout our government. The Secretary of State issued that directive to State Department officials on June 23, 1998. As to Mr. Ritter's specific charge that we cut vital support to UNSCOM, it is simply not true. On the diplomatic front, we have taken the lead in rebutting and disproving Iraq's contentions in disputes with UNSCOM before the Security Council. We have pushed and pushed and pushed some more to help UNSCOM break through the smokescreen of lies and deception put out by the Iraqi regime. Secretaries Albright and Cohen and the rest of the President's foreign policy team have traveled the world 49 5 attempting to keep the heat on Iraq and demanding that it cooperate with UNSCOM. The suggestion that we urged other governments not to support UNSCOM turns the truth on its head; it is exactly the opposite of what we have been doing. A second fact is that, Iraqi intransigence aside, UNSCOM's inspection efforts have continued to make important progress. For example, just this summer, UNSCOM was able for the first time to conduct inspections of sensitive sites, such as Iraqi Air Force Headquarters, where it found new evidence that Iraq had lied about the size of its chemical weapons stocks. Those inspections were talking place, with U.S. support at the very time Scott Ritter claims we were blocking inspections A third fact we have to take into account is the importance of maintaining Security Council and coalition unity in dealing with Iraq. There is a very hardheaded reason for this. Unless we are prepared unilaterally to send tens of thousands of American ground troops into Baghdad to remove Saddam and destroy Iraq's military infrastructure, we are not going to eliminate by force Iraq's ability to conceal and possibly reconstitute weapons of mass destruction. If we are not prepared to take such action, we will have to rely on the help of others through sanctions, support for inspections, and acceptance of the need to use military strikes for limited objectives if necessary. This has an influence on the tactical decisions we make. As I suspect the veterans among you would agree, there is great value in any confrontation in being able to choose your own timing and terrain. Saddam's provocations are designed with political purposes in mind: to spark a reaction, divide the Security Council, isolate the United States and diminish support for sanctions. Our strategy is to deny Saddam that opportunity, and to keep the world spotlight not on what we do, but on what Iraq is failing to do—which is to comply with its obligations. A fourth fact, related to the third, is the importance of maintaining the integrity and independence of UNSCOM. The continuation of UNSCOM's work is essential if we are to achieve our goal, and the world's goal, of moving beyond containment to the elimination of Iraq's capacity to pose a serious military threat. Unfortunately, if UNSCOM is to succeed, it must, among others things, both be and be perceived to be independent. It is ironic that Scott Ritter, whom we respect, and Saddam Hussein, whom we deplore, both argue that UNSCOM's independence has been compromised by the United States. If we were to agree with Scott Ritter on that point, we would be conceding a very key point to Saddam Hussein. It may be precisely the opposite of his intention, but Mr. Ritter's allegations have profoundly undermined the perception that UNSCOM is independent. And that will make it much harder for UNSCOM to do its job. 50 6 As UNSCOM Chairman Butler has repeatedly affirmed, the United States has never impinged on UNSCOM's integrity or dictated its decisions. But UNSCOM's purpose is to assure that there are no prohibited weapons in Iraq. So it is not hard for us to work together towards that common long-term goal. And, make no mistake, the purpose of every conversation and contact we have had with UNSCOM has been to move us closer to achieving that goal. For seven years, through Republican and Democratic Administrations alike, U.S. policy has not changed We want Iraqi compliance. This does not mean our tactics are rigid. If a climber scaling a cliff finds one route blocked and switches to another, that is not lack of resolve, nor is it inconsistency, it is common sense. In pursuing our goal of Iraqi compliance, we have sometimes made tactical suggestions to UNSCOM about questions of timing and procedure. This is entirely appropriate and is done by other Council members, as well, on a regular basis. Over time, we found that some of our suggestions were accepted, others were not. Most often, our discussions with UNSCOM have focused on where more vigorous inspection activity might be productive, on how Iraqi lies might be exposed, or on when an inspection might best catch Iraqi efforts at deception by surprise. No nation has done more to encourage UNSCOM to be thorough, unyielding and aggressive in its inspections, and no nation has done more to support UNSCOM's dogged and, at times, dangerous efforts in this regard. I call to your attention a letter from Chairman Butler to the Washington Post on August 26 in which UNSCOM's Executive Chairman writes that: "I have never had any reason to doubt the United States commitment to the need for Iraq to comply with the decisions of the Security Council, which are binding in international law, and in particular, the United States insistence upon the requirements imposed by those resolutions upon Iraq to the effect that they must be disarmed of their weapons of mass destruction." It is also true, that on a few occasions, our advice to UNSCOM was more cautious. For example, this past January when our military preparations were incomplete and the Muslim Holy season of Ramadan was underway, we judged that it was not the right time for a major confrontation. I note, in this regard, that Mr. Ritter told a Senate hearing two weeks ago that he had objected to a planned inspection of the Ministry of Defense because he thought it was "probably heading down a slippery slope of confrontation which could not be backed up by UNSCOMs mandate." If it is good enough for Mr. Ritter to raise such questions, why is he criticizing the Secretary of State? For, this was precisely the kind of question we also sometimes found occasion to raise. For the record, we did not "demand" this inspection, as Mr. Ritter claims. Chairman Butler made the decision to inspect the Ministry, and we supported those 51 7 inspections We were aware that UNSCOM's previous Executive Chairman, Rolf Ekeus, was concerned that UNSCOM had found few Ministry of Defense documents related to Iraq's WMD program, which made the Ministry an obvious inspection target. Given the importance of Security Council unity, we have been concerned in recent months that the responsibility for any resumption of Iraqi non-cooperation fall where it belongs, on the shoulders of Saddam Hussein, not UNSCOM. We had questions, which Chairman Butler had answered, about a particular intrusive inspection planned by UNSCOM in July. But it is important to note that other intrusive inspections were going on at the same time as we were raising these questions. And we made clear our support for the inspections Scott Ritter was to have led in August. The issue became moot, however, when Iraqi officials informed UNSCOM on August 3 that they were halting any further cooperation. At that point, we believed it was best to let the onus fall clearly on Saddam Hussein Chairman Butler agreed that it would be wise to allow the Security Council to respond to Iraq's decision before attempting the planned inspections We also knew that some in the Security Council were planning to blame UNSCOM for the renewed breakdown in cooperation As events have developed, it turns out that our initial judgment in August was absolutely right. On the issue of Iraq and UNSCOM, the Security Council is now much more united as last week's vote demonstrated. To summarize, if the allegation is that we sought to influence the pace of UNSCOM inspections, we did. But we did it in order to have the greatest long-term chance of overcoming Iraqi efforts at deception. If we hadn't, we would not have been doing our jobs. If the allegation is that we have undermined the effectiveness and independence of UNSCOM; the answer is no. On the contrary, we have been the foremost backer of UNSCOM. If the allegation is that we have retreated from our determination to achieve our goals in Iraq, the answer is that we have not and will not. In the Security Council, even the members who have been most sympathetic to Iraq's point of view can find no excuse—or even any sense—in Saddam's latest actions as the council's most recent resolution demonstrates. Accordingly, we are pressing Council members to take the steps necessary to enforce their Resolutions. Iraq's latest refusal to cooperate with UNSCOM is a direct challenge to the Council's authority. As a Council member, the United States is seeking a firm and principled response. Our success in persuading the Security Council to pass resolution 1194 is one important element in this response. That resolution— which the Council 52 8 passed unanimously— condemns Iraq and suspends indefinitely the bimonthly Iraq sanctions reviews. This suspension means that, until Iraq rescinds its decision of August 5 and resumes full cooperation with UNSCOM, there is no chance that the Council will consider any modification to the sanctions regime. Simply put, the Council's firm action means that Saddam's flagrant violation of the Council's resolutions ensures that he cannot get the one thing he wants most: an end to sanctions with his WMD capabilities intact. Our success in gaining unanimous Council approval for the resolution also underscores the wisdom of the tactical approach we have been taking toward Iraq since Saddam initiated his confrontation with the Council in August. While the impact of the Council's decision has been lost on some in the West, I can assure you it is well understood in Baghdad. On September 13, Iraq's National Assembly passed a resolution calling on the Security Council to reverse its decisions, and threatening to sever all relations with UNSCOM. This statement is outrageous and unacceptable. It is not for the Council to reverse itself; it is Baghdad that must end its open defiance of the international community and comply with Security Council resolutions. Saddam Hussein should heed the clear warning of resolution 1194. And he should not misjudge the will of the United States to act. Force remains an option. It has not been taken off the table. But in the first instance, we are insisting that the Security Council live up to its responsibility, to respond to this latest Iraqi challenge to its authority. We have a significant strike capability in place in the region, a considerably stronger one than we did at the beginning of the last confrontation with Baghdad. We can augment that force rapidly should we need to do so Saddam's actions have put us back on the ladder of potentially escalating confrontation with Iraq. So be it. We will not accept the indefinite blockage by Iraq of the inspection activities of UNSCOM and the IAEA. And we will insist that Iraq live up to its commitment to cooperate with UNSCOM's monitoring activities. For all its bluster, Iraq remains within the strategic box Saddam Hussein's folly created for it seven years ago. As we look ahead, we will decide how and when to respond to Iraq's actions based on the threat they pose to Iraq's neighbors, to regional security and to U.S. vital interests. Our assessment will include Saddam's capacity to reconstitute, use, or threaten to use weapons of mass destruction. The bottom line is that if Iraq tries to break out of its strategic box, our response will be swift and strong. But we will act on our own timetable, not Saddam Hussein's. From the perspective of our own security, we are in a position of strength. Our ability to project force in the region is significantly more robust now than it was a year ago. We have added a rapid reinforcement capability. With our allies, we are maintaining a close eye on Iraqi troops through the enforcement of Operations Northern and Southern Watch. The multi-national Maritime Interception Force is keeping the teeth in UN sanctions, having seized more than 30 vessels since January. 53 9 And let us remember that, since 1991, sanctions have deprived Saddam Hussein's coffers of more than $120 billion. Although it is not an end in itself, the sanctions regime is what denies Baghdad the resources it needs to rebuild its military, and its weapons of mass destruction programs. In closing, let me say in fairness to our critics that the diplomatic language we have used to describe our policy towards Iraq may have sometimes lacked clarity. Let me be clear now To Saddam Hussein, our message is: Do not miscalculate. Do not misread our public debates, which are an expression of the freedoms we enjoy in America, as a sign of fundamental weakness or disunity. We have our differences. But on the central issues of upholding law and responding to aggression, the American people are united To the Members of the Security Council, our message is that, together, we must meet our responsibility. We must be firm, united and determined in our insistence that Iraq meet its obligations and in the actions we take to back up that insistence. The integrity and credibility of the Security Council is at stake. To the American people, we will be true to our principles, our interests and our character. We are not spoiling for a battle. We are not eager to put our fighting men and women at risk. We do not wish to shoulder burdens and assume costs that others, by right, should share. But we will not allow the scorpion that bit us once to bite us again. We have not ruled out any options. If Saddam provokes a fight, he will get one, and he will lose Finally, to the Iraqi people, the United States looks forward to the day when Iraq can rejoin the family of nations as a responsible and law-abiding member. And to those Iraqis inside and outside the country who want to build a democratic future for their nation: the United States is on your side. As part of its on-going effort to help the people of Iraq address their basic needs, the U.S. has long sought to foster cooperation between the Kurdish parties in northern Iraq. We have invited Mr Barzani, the leader of the Kurdish Democratic Party, and Mr. Talabani, the leader of the Patriotic Union Party, to Washington this month to help them reconcile their differences Over the past six months, with the help of the U.S., these two leaders had made progress to resolve practical problems. They represent the interests of millions of Iraqi Kurds. We look to them to promote stability and reconciliation among the peoples of that region, which is in their interest and ours. They may now be ready to make significant progress toward a more lasting reconciliation, one that is fully consistent with Iraq's territorial integrity and unity. 55 News Release September 15, 1998 For Information: Matthew L. Lifflander 29* Floor, 30 Rockefeller Plaza New York, New York 10112 Telephone: (212) 698 - 7777 Facsimile: (212) 698 - 7825 e-mail: Statement of Scott Ritter September 15, 1998 at United States House of Representatives Hearing of the Committee on International Relations Room 2172 Rayburn House Office Building, Washington, DC Thank you for the opportunity to present my concerns to this distinguished body. There are serious problems in the foreign policy of the United States toward Iraq and the necessary inspection, monitoring and verification procedures to ensure that Iraq does not reconstitute its prohibited weapons program. I applaud the repeatedly stated policies of the United States. I am very disappointed in the deviations from that policy. I have been very critical of specific actions undertaken by the United States to interfere with the difficult inspection tasks being carried out by the Special Commission. I welcome this hearing as part of an overall public review of United States foreign policy objectives in Iraq, something I had hoped that my resignation and speaking out would have occasioned. If the direct nature of my statements have caused discomfort, so be it. My criticism is based upon facts and experiences obtained over the course of seven years actively attempting to implement the provisions of Security Council resolutions calling for the disarmament of Iraq — to deprive it of its weapons of mass destruction. I have great concern about the text of the most recent Security Council resolution, 1194, which condemns Iraq for suspending cooperation with the Special Commission and the International Atomic Energy Agency. The provision of this last resolution that causes me concern is the same one I referred to in my letter of resignation. I voiced strong objection to the concept of a "comprehensive review" of Iraq's compliance with its obligations under Security Council resolutions, and especially so if such a review were to be conducted under the auspices of the Secretary General. Based upon our previous 56 experience at the Special Commission, such a "comprehensive review" is most likely to result in some redefining of Iraq's obligations for disarmament to the point that meaningful disarmament of Iraq would be jeopardized. Once again, Iraq, through its consistent policy of obstructionism, has achieved yet another concession. So one must look askance at any new effort to appease Iraq by calling for a new "comprehensive review" of its compliance with Security Council resolutions. Such a review is very disturbing. The Special Commission has been placed under such pressures in the past, always at the behest of Iraq. Prior to my departure from the Special Commission, I know that the Executive Chairman was under pressure to define Iraq's outstanding disarmament obligations in a manner which would allow such a comprehensive review to achieve the closure of the chemical and ballistic missile files. To do this, the Special Commission would have to cease its investigation of Iraq's concealment mechanism, and agree to place its remaining concerns about retained components and means of production under a program of ongoing monitoring and verification. Such a move would be fundamentally wrong, and would lead to what I have called the "Illusion of Arms Control." This most recent Security Council resolution on Iraq is only reflective of the continuing pattern of confrontation and concession. I cannot see how the recent resolution did anything more than delay the inevitable. Iraq has paid no real price for telling one lie after another and continuing its obstruction of the weapons inspection teams. If Iraq chooses in the future to allow the resumption of inspection activity, will it be rewarded with yet another round of "comprehensive reviews." The danger the objectivity of such a review. The track record of the Secretary General on Iraq is mixed at best. I believe that the world, especially the Congress of the United States, must pay close attention in the weeks and months ahead to keep the process of disarming Iraq honest. If recent history is any guide, there will be many pressures placed upon the Special Commission, most behind the scenes and as such out of public view, to make compromises of substance concerning Iraq's unfulfilled disarmament obligations. The credibility of the United Nations and the United States is at stake here. I hope that in my testimony here today I might be able to help shine a light on this most important issue. Thank you -30- 57 STATEMENT OF THE HONORABLE JON D. FOX BEFORE THE HOUSE INTERNATIONAL RELATIONS COMMITTEE REGARDING IRAQ AND THE STATUS OF WEAPONS INSPECTIONS SEPTEMBER 15, 1998 THANK YOU MR. CHAIRMAN. I BELIEVE THAT THIS IS A VERY IMPORTANT TOPIC THAT WE ARE DISCUSSING TODAY. THE DISARMING OF IRAQ AND THE REMOVAL OF ANY WEAPONS OF MASS DESTRUCTION SHOULD STILL BE CONSIDERED A TOP PRIORITY FOR THE UNITED STATES. ALTHOUGH IT SEEMS NOW LIKE IT HAS BEEN PUSHED INTO THE BACKGROUND, THE WORK OF THE INSPECTION TEAMS MUST BE BROUGHT BACK INTO FOCUS. I WOULD LIKE TO TAKE A MINUTE TO THANK MISTER SCOTT RITTER FOR HIS EXCELLENT WORK IN THE PAST AS A MEMBER OF THE U N SPECIAL COMMISSION. HIS DEDICATION TO THE VITAL TASK OF DISARMING IRAQ MUST BE COMMENDED. WE NEED MORE PEOPLE WITH THE CHARACTER AND INTEGRITY OF SCOTT RITTER WORKING OVERSEAS AND HERE IN THE US. I LOOK FORWARD TO HEARING HIS IMPORTANT TESTIMONY. 58 I ALSO AM GREATLY LOOKING FORWARD TO HEARING THE REMARKS OF AMBASSADOR MARTIN INDYK, THE STATE DEPARTMENT'S EXPERT ON NEAR EASTERN AFFAIRS. HIS KNOWLEDGE AND INSIGHT WILL PROVIDE THE MEMBERS OF THIS COMMITTEE VALUABLE INFORMATION FOR OUR WORK ON THE IRAQ SITUATION. AGAIN, I THANK THE CHAIRMAN FOR THE TIME AND I LOOK FORWARD TO THE TESTIMONY FROM THESE GENTLEMAN. 59 Congressman Jerry Solomon INTRODUCTION OF SCOTT RITTER BY CHAIRMAN GERALD B H SOLOMON TO THE COMMITTEE ON INTERNATIONAL RELATIONS, SEPT 15, 1998 MR. CHAIRMAN— TODAY IS A GREAT HONOR FOR ME - I GET TO INTRODUCE SCOTT RITTER, A FELLOW MARINE AND A ROLE MODEL FOR OUR COUNTRY. A FEW YEARS AGO SCOTT RITTER WAS A YOUNG MARINE OFFICER ANSWERING HIS COUNTRY'S CALL BY SERVING IN COMBAT DURING DESERT STORM. HE SHOWED PERSONAL COURAGE BY PARTICIPATING IN COMBAT OPERATIONS INSIDE IRAQ IN SUPPORT OF COUNTER-SCUD EFFORTS. WHEN THE WAR ENDED SCOTT DIDN'T STOP PUTTING HIS HONOR AND LIFE ON THE LINE. HE BECAME THE CHIEF OF CONCEALMENT INVESTIGATION UNIT, UNITED NATIONS SPECIAL COMMISSION. HIS MISSION WAS TO STOP WEAPONS OF MASS DESTRUCTION FROM FALLING INTO THE HANDS OF A MAD MAN - SADDAM HUSSEIN. Rules Committee Chairman, House of Representatives New York 60 MARK MY WORDS, THE COURAGE SCOTT RITTER SHOWED AS A MARINE IN COMBAT WAS MATCHED BY THE COURAGE HE SHOWED ENFORCING THE ELIMINATION OF IRAQ'S ARSENAL OF CHEMICAL AND BIOLOGICAL WEAPONS. THE WHOLE WORLD SHOULD BE GRATEFUL SCOTT RITTER RANG THE ALARM ON HUSSEIN'S QUEST FOR NUCLEAR WEAPONS AND LONG-RANGE BALLISTIC MISSILES. TRAGICALLY, SCOTT RITTER HAD TO RESIGN TO BRING SUNLIGHT ON WHAT I WOULD DESCRIBE AS A CRAVEN POLICY OF APPEASEMENT AT THE HIGHEST LEVELS OF THE CLINTON ADMINISTRATION. AS A FORMER MARINE, I KNOW ONE THING IS TRUE - THE TROOPS ALWAYS KNOW. I TRUST SCOTT'S OBSERVATIONS, KNOWLEDGE AND I AM PROUD TO BE HERE TODAY IN SUPPORT OF THE QUEST FOR TRUTH. HE KNEW EXACTLY WHAT WAS GOING ON AND HIS MISSION HAD TURNED INTO A SHAM. AMERICAN LEADERS PUT SCOTT AND HIS PEOPLE IN HARM'S WAY WITH NO SUPPORT. THIS IS AN UNCONSCIONABLE POLICY. BUT FOR SHOWING COURAGE IN RESIGNING OVER PRINCIPLE, SCOTT RITTER WAS ATTACKED BY SMALL-MINDED PEOPLE IN BIG OFFICES WHO SHOULD KNOW BETTER ~ AND OUGHT TO BE ASHAMED OF THEMSELVES. 61 TO BELITTLE SCOTT THAT "HE DOESN'T HAVE A CLUE" INSULTS HIM DIRECTLY AND BY INFERENCE ALL MEN AND WOMEN IN THE FIELD, BOTH THOSE IN UNIFORM AND THOSE IN CIVILAN CAPACITY, ALL FIGHTING AGAINST THE FORCES OF TOTALATARIANISM AND EVIL. IT IS ALSO PETTY AND ARROGANT BY THOSE WHO HAVE NEVER WORN A UNIFORM TO MOCK MAJOR RITTER'S NAME AND ATTACK HIM PERSONALLY FROM AN UNTOUCHABLE POSITION OF POWER. THIS IS THE ACTION OF A BULLY. I HAVE TO RETURN TO CHAIR A RULES COMMITTEE HEARING, BUT LET ME AGAIN STATE IT IS AN HONOR TO BE HERE TODAY WITH SCOTT RITTER. I KNOW HE WILL BE TREATED WITH THE RESPECT HE EARNED IN WAR AND PEACE. 54-33499 -3 62 STATEMENT FOR THE COMMITTEE ON INTERNATIONAL RELATIONS UNITED STATES HOUSE OF REPRESENTATIVES Hearing: "Disarming Iraq: The Status of Weapons Inspections" September IS, 1998 The Spread of Weapons of Mass Destruction: The Threat The Danger and U.S. Failures in Iraq Statement by Richard S. Williamson While the Cold War is over, the fact is that today America faces a "clear and present danger." The continuing spread of weapons of mass destruction - nuclear, chemical, biological and ballistic missiles - is a clear and terrifying danger. And unstable regimes, rogue states and acts of terrorism against Americans here and abroad clearly are real, present, immediate dangers. Earlier this year in the intelligence chiefs annual "state of the world" briefing to the Senate Intelligence Committee, they said that America "confronts dangers to world peace, personified by President Saddam Hussein of Iraq, and a Pandora's box of potential threats, exemplified by the spread of nuclear, biological and chemical weapons."1 While Assistant Secretary of State for intelligence and research Phyllis Oakley testified that "the danger of nuclear attack, large scale conventional attack and other threats to our national existence is low," Mr. Williamson is a partner With the Chicago Law Firm of Mayer, Brown & Piatt. He served as U.S. Ambassador and Resident Representative to the IAEA and Assistant Secretary of State in the Reagan Administration. 63 CIA Director George Tenet cited as America's first and foremost threat the spread of weaponry, pointing to China's sales of military hardware to Iran and Pakistan, and Russian companies' sales of missile technology to Iran.2 Tragically, the Clinton Administration has not dealt with this "clear and present danger" as a central priority of American foreign policy. Rather, the Administration seems to have weighed the stop of weapons of mass destruction as a marginal preference of U.S. foreign policy; one too easily expendable to economic concerns, United Nations collegiality or even as a preference that can be compromised for domestic political considerations. The Clinton Administration's dismal record in this area of central importance to American security concerns is disheartening and dangerous. The latest evidence of the failure of U.S. policy in nonproliferation is Iraq. Where last winter, President Clinton mobilized U.S. troops in the Persian Gulf and threatened military force to insure that Saddam Hussein complied with the United Nations weapons inspection regime in Iraq, now the U.S. appears to have a two track policy of retreat: publicly affirm U.S. "irritation" over Saddam's recent violation of his prior commitments to permit inspections (not a total public reversal, but a nuanced de- escalation); while at the same time compromising and, perhaps, even undercutting the U.N. inspector's capacity to carry out their mandate. Seen in the broad context of the failure of United States resolve in trying to stop weapons of mass destruction, the resignation of the senior American U.N. weapons inspector in Iraq, William Scott Ritter, Jr., is very alarming. In his resignation letter he charges that the Clinton Administration, the United Nations Secretary General and the U.N. Security Council have stymied the inspectors on "the doorstep" of uncovering Iraq's hidden weapons programs. And 2 65 the terrorists involved in the Kenya and Tanzania U.S. Embassy bombings in distressing. Their capacity for evil has grown. And terrorists have shown their willingness to use weapons of mass destruction. In March, 1995, the Aum Shinrikyo cult exposed thousands of Tokyo subway commuters to the sarin nerve agent. And in October, 1995, a band of Chechen rebels threatened Moscow claiming they had obtained nuclear fissile materials and were prepared to use it against Russian citizens if their demands were not met. The next month Russian officials discovered a package containing low-grade radioactive material in Ismailou Park. If the terrorist acts in Oklahoma City and the World Trade Center had used one hundred pounds of highly enriched uranium, about the size of a grapefruit, much of Oklahoma City would have disappeared and the tip of Manhattan would have been destroyed.4 Last year the National Defense Panel issued a report, "Transforming Defense: National Security in the 21 st's Century" which warned that in the next 20 years, America will have more to fear from terrorists attacking its civilians with disease germs, nerve gas and other weapons of mass destruction than from possible military conflicts abroad. In receiving the report, Secretary of Defense Cohen said, "The NDP paints a compelling and, I believe, accurate picture of a future in which terrorism ... and weapons of mass destruction play a more prominent role, even posing direct threats to the U.S. homeland."5 The Pentagon is preparing for terrorist attacks that employ lethal microbes and toxic chemicals. In June the Administration asked Congress for $294 million in additional counter- terrorism spending to stockpile antidotes and antibiotics and to train federal and local officials in how to respond to a chemical or biological attack.6 4 66 Last month, President Clinton ordered the United States military to take retaliatory airstrikes against Osama bin Laden, the Saudi terrorist blamed for the Embassy bombings in Africa. Eighty cruise missiles were fired toward the hills of Afghanistan and a plant in Khartoum. Clearly, the war on terrorism has gone from rhetoric to combat. American resolve to confront the growing threat will be tested. But the danger from the terrorist threat is unavoidable.7 Rogue States In addition to the growing terrorist threat, serious dangers increase from rogue states. Each year the State Department notifies Congress pursuant to the Export Administration Act of 1979 of countries where significant terrorist acts occurred and nations that have repeatedly provided state support for international terrorism - premeditated, politically motivated violence perpetuated against non-combatant targets usually intended to influence an audience.1 By 1994, seven nations had made the terrorism list: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. A willingness to sponsor terrorism is a key element of a country being a rogue state. But the characteristics of rogue states and the dangers they pose to American citizens abroad and at home go beyond a willingness to sponsor terrorist acts. In the cases of Iran, Iraq, Libya, North Korea and Syria, these rogue regimes also possess large-scale conventional forces and seek weapons of mass destruction. These miscreants increase the danger daily for American peace and security. S 67 Policy options vary for dealing with these menacing rogue states: contain them with economic sanctions and deter or coerce them with threats of force; embrace them with promises of rewards, or embrace as well as contain them with carrots and sticks.9 Opinions will vary on which policy option is the best course with which rogue state at any particular time or in any given circumstance. But what is absolutely certain is that these rogue states are bad actors, they threaten American interests and American lives, and that their acquisition of weapons of mass destruction greatly compromise U.S. security. This past July 15th, as you are well aware, the bipartisan commission established by Congress in the National Defense Authorization Act for 1997, the Commission to Assess the Ballistic Missile Threat to the United States, chaired by former Secretary of Defense Donald Rumsfeld, issued its report. It challenges the assessment made by the U.S. intelligence community in 1995 that the missile threat to the United States was at least 15 years away. The Rumsfeld Commission warned that the missile threat may be immediate. The report states that "[a] nation that wants to develop ballistic missiles and weapons of mass destruction can now obtain extensive technical assistance from outside sources. Foreign assistance is not a wild card. It is a fact." Elsewhere the Rumsfeld Commission report states, "Nations are increasingly able to conceal important elements of their ballistic missiles and associated weapons of mass destruction and are highly motivated to do so. The extraordinary level of resources North Korea and Iran are now devoting to developing their own ballistic missile capabilities poses a substantial and immediate danger to the U.S., its vital interests and its allies." 68 The report found that among others Iran, Iraq and North Korea are aggressively seeking missile technology and, if they got it, could inflict "major destruction" on the United States. Further, it found that Russia and China are supplying equipment and expertise to those countries. And, just as disturbing, the Rumsfeld Commission found that the U.S. intelligence communities' ability to provide "timely and accurate" estimates of the threat is "eroding."10 Mr. Rumsfeld, speaking at a briefing on Capitol Hill in July said that recent U.S. intelligence assessments of nuclear missile threats have failed to consider possible developments in the missile capabilities of rogue states that could swiftly endanger the U.S." Rumsfeld said, "Things have happened. [Nuclear missile proliferation] is a moving target... We see an environment of little or no warning of ballistic missile threats to the U.S. from several emerging powers."12 Unstable Nations/Unstable Regions The dangers from the spread of weapons of mass destruction are compounded by the risks inherent in unstable nations and unstable regions of the world. Unfortunately these various tinderboxes are often armed with weapons of mass destruction. The most prominent unstable regime today is Russia where the nation faces the twin problems of economic and political collapse. The economy is in collapse. The value of the ruble plummets daily. The Russian stock market is in a free fall. Consumer goods are disappearing from store shelves. IMF loans are in jeopardy. Economic reform is in retreat. President Boris Yeltsin's personal and political health are tenuous. He fired young, reform Prime Minister Sergei Kinyenko. Last week Yeltsin's choice for Prime Minister Viktor Chernomyrdin was 69 twice rejected by the Duma. Yeltsin yielded to the Duma and picked former Soviet spymaster Yergeny Primakov as Prime Minister. And early indications point to a Russian government that will be more statist and more inward-looking. While it may be too dramatic to declare that the Russian government is teetering on the verge of collapse, its hold on power certainly is tenuous.13 And in Russia you have twenty-two thousand nuclear missiles. Whose hand will control them in the months ahead, and will it be steady? Nuclear seepage from Russia remains an enormous problem.14 North Korea is a mess. The Soviet Union "fathered North Korea in 1948 as a child of the Cold War."15 The U.S.S.R. is now gone, Russia must deal with its own dilemmas. Fending for itself, Pyongyang faces the crisis of devastating famine;16 tenuous political transition to the new leadership of Kim Jong II,17 and perceived threats from abroad. Concurrently, North Korea continues to sell weapons of mass destruction, develop ever more effective ballistic missiles," and evidence suggests, continues to pursue nuclear weapon capabilities.19 Joseph Nye, Dean of the John F. Kennedy School of Government at Harvard University has worked extensively on the North Korean nuclear issue while a senior official in the C.I.A. then the Pentagon in the Clinton Administration's first term. He says, "The danger is that the weaker [North Korea] becomes the less willing they are to bargain. While they may seem counterintuitive, the North Koreans usually get tougher as they get cornered. In cultural terms, they may be more willing to accept risks in a situation of desperation."20 As noted in a recent New York Times editorial, "North Korea is a dangerous, unpredictable country."21 8 71 over Kashmir has "become an emotional test of principle and identity."26 And during the past decade Kashmir has been torn by insurrection. 20,000 lives have been lost. Since the nuclear tests last May, armed clashes have increased. In late July and early August, government officials claim, 57 Pakistani civilians had been killed and 75 wounded by Indian mortar, rocket and military fire. Indian officials claimed 30 killed on their side.27 India continues to reject Pakistan's proposal for outside mediation to help resolve the Kashmir issue.2* Pakistan Prime Minister Nawaz Sharif has said that "India is demonstrating irresponsible behavior" unacceptable by a nuclear power.29 Following a meeting in June with a U.N. envoy to urge Pakistan to sign a nuclear test-ban treaty, Pakistan Foreign Minister Guha Ayub Khan said that Western nations were "putting the cart before the horse." He said that "the nuclearization of very large armies on the subcontinent is a direct result of the Kashmir dispute... [Once the Kashmir issue is settled] the necessity to maintain large armies or nuclear weapons or delivery systems goes away."30 But the Kashmir issue is not settled. It is a tinderbox. And this regional instability, now armed with nuclear weapons on both sides, present immediate and terrifying danger to the world. The Clinton Record In this world fraught with "clear and present danger" the Clinton Administration's record on proliferation is disappointing. It is "all hat, no cattle." Firm in rhetoric, but weak in resolve. In recent years, there has been some progress in the campaign to stop the spread of weapons of mass destruction. Nuclear weapons were removed from the territories of these former Soviet republics: Kazakhstan, Belarus and Ukraine. 178 nations agreed to extend the 10 73 force was necessary "to resolve past North Korean nuclear transgressions as well as to preclude future nuclear threats."31 Senator John McCain expressed similar sentiments on the Senate floor.32 Karen Elliott House wrote in The Wall Street Journal that "[T]ime is not on America's side... Thus, the administration has to be willing not only to go to war on the Korean peninsula but also to put the U.S.-China relationship on the line." Ms. House concluded that "capitulation in Korea will mark the end of effective nuclear non-proliferation. This is the ultimate national security issue for the U.S. and its allies."33 But the Clinton administration did not raise another "Desert Shield" against non- proliferation in North Korea. The administration even was unwilling to challenge China by bringing the issue before the U.N. Security Council. Instead the administration "privatized" our foreign policy by allowing former President Jimmy Carter to travel to Pyongyang with the indicia of legitimacy to negotiate with North Korea to resolve the issue. The final resolution was seriously flawed. Under the agreement, North Korea pledged to dismantle its existing nuclear program, including two graphite nuclear reactors under construction, in exchange for an American promise to help pay for the construction of two light-water nuclear reactors and the delivery of 500,000 metric tons of oil a year. The total aid package was about $4.6 billion. The North Koreans also promised to help the Atomic Energy Commission gather evidence to confirm the size of its plutonium stockpile. At the time, critics complained that the agreement was heavily "front loaded" in favor of North Korea. Georgia Anne Geyer called the agreement "foreign policy through buy-off."34 12 74 Even more troubling, from the outset, critics charged that the verification provisions of the agreement were too weak.35 They charged that the U.S. and its allies would pay billions to Pyongyang to build new state-of-the-art nuclear reactors and still lack adequate safeguards against proliferation. Unfortunately, the critics seem to have been correct. According to a General Accounting Office report issued this summer, there were significant gaps in the inspection program imposed by the 1994 nuclear freeze agreement. The North Koreans have refused repeated requests for information about the whereabouts of nuclear components that North Korea had planned to install in two nuclear reactors that were scrapped under the agreement. The North Koreans also have refused to allow the IAEA to install monitoring devices on nuclear waste tanks. The GAO report says that the North Koreans may have tampered with the tanks since the 1994 agreement and secretly removed some of the nuclear waste in an effort to hide evidence of earlier diversions of plutonium from the reactor.36 Chairman of the Senate Energy and Natural Resources Committee Frank Mukowski has said that the GAO investigation shows that the 1994 agreement was "folly." He said, "Our carrot-and-stick approach is all carrots, no sticks. We were too quick to provide North Korea with the goodies before we knew the truth."37 Since the GAO report, more evidence has emerged indicating that Pyongyang is breaking the 1994 agreement. Two weeks ago it was reported that American intelligence analysts believe nearly 15,000 North Koreans are at work on a vast, secret underground nuclear facility. Reportedly a large-scale tunneling and digging operation in a mountainside about 25 miles northeast of Yongbyan, a former nuclear research center where North Korea may have produced enough plutonium for two nuclear weapons.31 13 75 The Clinton Administration claims that this secret operation does not "technically" violate the 1994 agreement. For example, they say that North Korean workers have not begun pouring cement for the foundation of the facility, which is explicitly forbidden.39 This is absurd. Or as Henry Sokolski, executive director of the Nonproliferation Policy Education Center, said: "That the Administration was implementing this understanding and publicly asking for money [from Congress for oil for North Korea] when they knew this facility existed is outrageous."40 China The People's Republic of China is a major arms exporter.41 It is a means for China to get foreign currency. It helps underwrite expenses for the development and production of weapons. It is a means to gain access to Western technology. And it is a means for China to gain influence on recipient states through leverage as the supplier.42 In early 1996, the C.I.A. discovered that Beijing broke the law by selling to Pakistan material related to nuclear weapons. The Chinese sold Pakistan magnet rings used in nuclear- weapons technology. In May, 1996, Beijing said they did not do it and that they would not do it again. In August 1996, U.S. intelligence uncovered that Beijing again was breaking the law. China was caught selling special furnace and diagnostic equipment with weapons application to a Pakistani plant not subject to "international safeguards." These were clearly documented cases where China sold to Pakistan equipment used for the production of weapons-grade enriched uranium. American law requires that sanctions be imposed in cases that violate international laws intended to stop the spread of nuclear weapons.43 14 76 The law's intent is clear. China's sale of nuclear technology to Pakistan is uncontested. But, the Clinton Administration, in announcing it would not punish China for this sale, accepted China's claim that the government was "unaware of any transfers" of equipment, therefore the transfer was not "willful." The Chinese company that made the nuclear technology sale is part of the Chinese military system and owned by the government. The issue is not whether President Clinton's clever lawyers found a "defensible" loophole to hide behind. In fact, it was a charade. China received no sanction for its illegal act of nuclear proliferation. Pakistan was another step closer to fully developing its nuclear weapon capacity. And India saw that the United States was not committed to stopping the spread of the bomb but rather was complicit in helping its one neighbor and adversary China help arm its other neighbor and adversary Pakistan with nuclear capabilities. A consequence of this wobbly U.S. policy is that Beijing continues to boldly violate other nonproliferation regimes. For example, U.S. intelligence sources fear that Chinese equipment may be involved in an underground chemical/biological weapons factory outside Damascus.44 China has supplied Iran with cruise missiles that could be used against U.S. forces in the Persian Gulf.45 And last year it became public that Beijing deliberately deceived Washington in 1994 when they claimed they were importing machine tools for civilian purposes. Reportedly, satellite photos show the American machine tools were illegally diverted to a missile factory.46 Gary Milhollin, director of the Wisconsin Project on Nuclear Arms Control, has written that these instances of Chinese proliferation violations "should come as no surprise. The Clinton 15 77 Administration's penchant for putting trade above national security has convinced China that even the greatest outrages will go unpunished."47 India and Pakistan Thirty-five years ago, President John F. Kennedy saw the possibility of a world in the 1970s with 15 to 25 nuclear-weapon states, a situation he regarded as "the greatest possible danger." When President Clinton took office there were five declared nuclear weapons states (China, France, United Kingdom, Russia and U.S.), the same number as 30 years earlier. While there were a number of countries believed to be just below the explosion threshold, and there were cracks in the Nuclear Non-Proliferation regime, no new nation had exploded a nuclear device and declared itself to be a nuclear weapon state. There had been no nuclear break out. None until now. On May 11th of this year India tested nuclear weapons. U.S. intelligence failed to detect preparations for the explosion. China's nuclear technology assistance to Pakistan clearly influenced India's decision to go nuclear.4* And, contributing to the decision in New Delhi undoubtedly were U.S. legal and diplomatic contortions to avoid sanctioning Beijing for providing nuclear technology to Islamabad. Threatened by China and Pakistan and, understandably, uncertain about the resolve of the sole global superpower, the United States, to stop rising nuclear threats to India; New Delhi acted to protect itself. As Jaswant Singh, a senior advisor on Defense and Foreign Affairs to Indian Prime Minister Atal Bihari Vajpayee and a Member of Parliament, writes in the current issue of 16 78 Foreign Affairs, for fifty years India's nuclear policy has been to seek global disarmament or, in the alternative, equal security for all. The Nuclear Nonproliferation Regime was discriminatory, according to the Indians, because it sanctioned the possession of nuclear weapons for the permanent five members of the U.N. Security Council while prohibiting them for the have-nots. The end of the Cold War has not ushered in an era where globalization and trade have rendered meaningless traditional security concerns. And, writes Mr. Singh, India felt increasingly threatened and "sandwiched" between two nuclear weapons powers, Pakistan and China. And, he asks, if nuclear deterrence works in the West, why won't it work in India?49 Predictably, within weeks Islamabad detonated its own nuclear weapons and declared itself a "nuclear weapons state." Consequently an already unstable region of the world is more precarious. Since May, while India and Pakistan have announced moratoriums on further testing, neither has agreed to sign the 1996 Comprehensive Test Ban Treaty. Furthermore, both continue to develop missiles that threaten the other and can be outfitted with nuclear warheads.50 And, as noted earlier, reportedly India plans to build nuclear-powered submarines eventually to be outfitted with missiles carrying nuclear warheads.51 So far the Clinton Administration has had uncertain footing in dealing with a nuclear armed Asia sub-continent. Secretary of State Madeline Albright, for example, has insisted that India will never be permitted to enter the international nuclear nonproliferation system as a declared nuclear power. The Indians see the U.S. position as pointless. "India is now a nuclear weapon state," Prime Minister Atal Bihari Vajpayee said in a statement to Parliament after the tests. "This is a reality that cannot be denied. It is not a conferment that we seek; nor is it a 17 79 status for others to grant. It is an endowment to the nation by our scientists and engineers. It is India's due."52 The clear and present danger from this nuclear break out are staggering. Today both India and Pakistan lack organizational resources to produce acceptable mechanical safety devices and safe weapon design features.53 These neighbors have immediate proximity to their rival and less reliable warning systems than the United States and the Soviet Union. Neither India nor Pakistan have gone through the gradual, incremental process of tests, experiments and deployment that the previously declared nuclear weapons states went through and consequently they have less organizational learning about nuclear safeguards. And both India and Pakistan are likely to experience political and social unrest in the future. All these factors accentuate the enormous dangers of India and Pakistan as newly declared nuclear weapon states. Iraq Iraq has a long and troubling history in its determined quest to acquire and use weapons of mass destruction. In the late 1970s Iraq paid the French to build a research reactor in Osirak. But in September 1980, Iraq temporarily evicted all French technicians, saying it could not protect them because of its war with Iran. Two months later, Iraq's government announced it would not permit International Atomic Energy Agency (IAEA) inspections of its nuclear facilities until the war with Iran ended. The Iraqi government refused French entreaties to allow it to substitute less highly enriched uranium rather than bombgrade uranium for the research reactor. Due to these troublesome acts and based on its own intelligence, on June 7,1981, Israeli planes attacked 18 80 the Osirak research reactor. It was the first military action taken to prevent the development of nuclear power. A diplomatic firestorm erupted. Even the United States condemned Israel's action in the U.N. Security Council.54 At its June, 1981, meeting, the IAEA Board of Governors passed a resolution by 29 to 2 (with 3 abstentions) strongly condemning Israel "for this premeditated and unjustified attack on the Iraqi nuclear research center," and recommended the IAEA General Conference consider suspension of Israel.55 That fall there was a heated debate at the IAEA general conference. Israeli technical assistance was suspended.56 The next September, the IAEA General Conference passed another resolution condemning Israel and voted to deny Israeli credentials. However, the Persian Gulf War in 1992 revealed that the Osirak reactor was indeed part of Iraq's program to build a nuclear weapon. Later Secretary of Defense Dick Cheney thanked Israel for its 1981 military intervention that delayed Iraq's capability to build a nuclear bomb. From 1980 to 1988, Iraq engaged in a bloody war with Iran. Before the U.N. brokered peace plan (UNGA Res. 598), Iraq became the first nation since World War I to use large scale amounts of chemical weapons in the battlefield. Later Saddam used chemical weapons against Iraqi Kurds in the north to put down a crisis. Thus Saddam Hussein has demonstrated not only his determination to be armed with weapons of mass destruction but his willingness to use them against his enemies, foreign and domestic. Following the armed expulsion of Iraq from Kuwait in the Persian Gulf War, Saddam Hussein's troubled history in developing and using weapons of mass destruction led the United Nations to pass Resolution 68757 which calls for the destruction of all weapons of mass 19 81 destruction within the defeated Iraq. To implement this resolution, the United Nations established Unscom (United Nations Special Commission on arms inspections) and initiated an intrusive inspection regime. In its seven years, Unscom has managed to destroy many Iraqi missiles and weapons of mass destruction notwithstanding Saddam Hussein's constant efforts to thwart the U.N. inspectors at every turn. Unscom has uncovered evidence that Iraq developed a staggering menu of weapons of mass destruction. Furthermore, Iraq has not been able to show to the satisfaction of international inspectors that it has destroyed these weapons. The Iraqi arsenal includes home-produced A-l Hussein ballistic missiles, biological agents including anthrax, botulinum, aflatoxin and what cover smut; chemical poisons including mustard, Sarin and Tabun; and delivery systems including drop tanks, 2-400 aerial bombs and the Zubaidi spray device.5* Just this past summer, Unscom reported on new evidence that Iraq put the deadly VX nerve agent into missile warheads. The presence of VX was found in a number of samples of Iraqi scud warheads recovered from a destruction site at Nibai, north of Baghdad. Iraq had fought the removal of the shells for inspection in a weapons laboratory in America.59 Iraq had insisted that its VX development had been limited to the laboratory. Now it is clear that Iraq loaded VX gas into missile warheads before the 1991 Persian Gulf War, and then tried to conceal the evidence.60 But, as The Washington Post editorial writers wrote, "Now, thanks to the courageous and patient work of United Nations inspectors, we know that Saddam Hussein — once again — has been lying."61 Furthermore, a document examined at Iraqi air force headquarters on July 18 suggest that Iraq still has hidden about 6,300 air-dropped chemical bombs and 730 tons of chemical agents.62 20 82 Weapons inspection is a slow and meticulous process. It is an inexact science, but the combination of surveillance cameras, monitoring, accounting and on-site personal verification is generally reliable. During Unscom's 7 years, they have uncovered lots of information about Saddam Hussein's extensive program to maintain and expand his arsenal of mass destruction. At least 13 times, Unscom officially has informed the U.N. Security Council that Iraq is blocking access to suspected weapons sites.63 As Secretary of State Madeleine K. Albright has written, "Periodically, Saddam rattles his cage, hoping that by provoking a crisis he can wear down the will of the international community, while we spend our precious defense dollars dispatching and recalling our forces."*4 Last October the Iraqi Parliament recommended that Iraq suspend cooperation with Unscom to counter a Security Council resolution threatening more sanctions against Iraq.65 Within days Iraq announced that it was expelling the Americans working on Unscom accusing the Americans of being spies.66 While there were divisions within the 15 member U.N. Security Council, the United States pushed hard for an Iraqi reversal, explicitly leaving open the option of a military strike against Saddam.67 The Clinton Administration also said it reserved the right to take unilateral military action against Saddam if he remained defiant.6' At the time there were 20,000 U.S. troops in the region and a dozen warships capable of sending cruise missiles into Iraq. There also were 200 fighter planes stationed on the aircraft carrier Nimitz or at bases in Saudi Arabia.69 During the inspection interregnum forced by Baghdad, the Iraqi's hid sensitive equipment and tampered with U.N. surveillance cameras. For example, the apparatus was hidden that could be used to calibrate prohibited missile gyroscopes.70 21 83 As diplomatic efforts to find a solution dragged on, President Clinton ordered a further U.S. military build up in the Persian Gulf.71 And an Iraq newspaper owned by Saddam Hussein's son called for commando assaults on U.S. and British embassies and warships.72 In the midst of this crisis, Ambassador Richard Butler, executive chairman of Unscom, briefed the U.N. Security Council about evidence that Baghdad continued to pose a threat in almost every area of weapons development. He also laid out ways and means that the Iraqis continued to try to conceal their arsenal. It appeared that many times materials had been moved or hidden after the Iraqis were notified that an inspection visit was planned. Inspectors had been delayed or denied entry to 83 percent of "sensitive" sites.73 Then in late November after a month of brinkmanship, Saddam relented and let the Unscom inspectors return. But it is clear that Iraq used the time when inspections were interrupted to hide its weapons.74 Saddam lost nothing in this confrontation. There was no penalty for illegally forcing Unscom inspectors out of Iraq. No more was asked of him than another promise to give inspectors full access to sites where weapons were made or stored. Indeed, he gained time to hide weapons and he created greater fragmentation among the U.N. Security Council coalition necessary to continue sanctions on Iraq.75 Even as Unscom inspectors returned, Iraq insisted that they must avoid sensitive sites and property belonging to Saddam Hussein, so called presidential palaces. Iraq ruled 78 sites off- limits.76 This triggered a new crisis. There was immediate and broad concern that these so- called presidential palaces hide weapons. Secretary of Defense William Cohen promptly reinitiated threats of U.S. force to compel Iraq to comply fully with the U.N. inspection regime.77 Meanwhile growing divisions within the U.N. Security Council seemed to paralyze that body. 22 84 "Iraq is very adroitly taking advantage of the Council divisions," said Ambassador Park Soo Gil of South Korea.71 Then in January Saddam Hussein again blocked the work of a monitoring team.79 Once again he was trying to dictate conditions to U.N. weapons inspectors. Once again U.N. and American resolve were being tested.*0 Russia and China broke ranks. They urged the U.N. Security Council to certify that Iraq had halted its nuclear weapons program, despite a U.N. report indicating that Baghdad still was withholding information. As U.S. Ambassador Bill Richardson said at the time, "There are still patterns of concealment, insufficient information provided by Iraq and generally a lack of cooperation."" Secretary of Defense Cohen acknowledged at the time that Iraq retains the ability to make chemical and biological weapons in a matter of hours or days.82 C.I.A. Director George Tenet went to Capitol Hill to warn that the Agency had concluded that Iraq is still hiding a major chemical and biological weapons development program that poses a direct threat to U.S. forces, interests and allies in the Middle East." Unscom Chairman Richard Butler said that biological warheads were already loaded on Iraqi mobile missile launchers.*4 As the crisis drew out week after week, the United States urged allies to support the use of force. The administration made plans for a military strike on Iraq. Leading Congressional Republicans publicly stated support. Senator John McCain called for "sufficient and sustained military operations" against Iraq. He said, "I will support (and attack) if I believe that it is of sufficient significance to make a difference."*5 Secretary Albright made clear at the time that the U.S. would act alone militarily against Baghdad if necessary.*6 But in any event, President 23 85 Clinton cautioned Saddam that "You cannot defy the will of the world. You have used weapons of mass destruction before. We are determined to deny you the capacity to use them again."87 The United States engaged in vigorous diplomacy. Britain supported the U.S. position early on. Warily Saudi Arabia approved the use of force." Eventually, as a consequence of intense U.S. diplomacy, offers of military assistance to the U.S. were given by Canada, Germany, Australia, Oman and others." Washington mixed diplomacy with the threat of force to pressure Iraq. President Clinton clearly stated U.S. goals in Iraq, "unconditional and unfettered access" to suspected weapons sites by United Nations. "We want a diplomatic solution to the crisis, but success or failure of diplomacy rests on Saddam," said British Prime Minister Tony Blair. "If he fails to respond then he knows that the threat of force is there and it is real."90 The Chicago Sun-Times reflected the consensus in America that "a severe military blow will serve clear notice to Hussein that the world can and will respond when his arsenal reaches the threshold of endangering others."91 Or as a Chicago Tribune editorial read, "If Hussein won't see the light, then the use of force will be inevitable."92 In mid-February, in a last ditch effort to find a diplomatic solution to resolve the crisis created by Saddam short of war, the U.N. Security Council authorized Secretary General Kofi Annan to go to Baghdad for talks with Iraq. Guidelines were carefully crafted for the negotiations. Principally, any arrangement had to make clear that "the role and powers of the United Nations weapons inspectors working for the United Nations Special Commission... must not be undermined or limited."93 Meanwhile, President Clinton continued to rattle U.S. 24 86 swords. In an address at the Pentagon, he said "Force can never be the first answer. But sometimes it's the only answer."94 In Baghdad, Secretary General Annan negotiated with Saddam Hussein and reached an agreement. Iraq agreed to lift its ban on arms inspections at presidential properties.95 Iraq gave up most of its demands, including a time limit on inspections of presidential sites. Quickly the Clinton Administration endorsed the deal, but retained its right to strike if Iraq reneged on the deal.96 Wary of Saddam Hussein, United States forces maintained their readiness. Even at the time of this diplomatic breakthrough, the biggest question was how long Saddam's publicly cooperative stance toward U.N. inspectors would last. Or as one observer said at the time, President Clinton bought a deal whereas Saddam bought time.97 The Chicago Tribune editorialized that "The big question now is whether Hussein, who ignored a similar commitment just last November, will live up to his promises this time or quickly resume scheming to sabotage the inspections program and preserve his capacity to make weapons of mass destruction... Hussein's brinkmanship as further proof he responds only to the threat of imminent force."*' Clearly Saddam Hussein accepted the diplomatic escape offered by Secretary General Annan because he had become convinced that the United States was ready to use military force against him. As Kofi Annan said when the agreement was reached, the U.S. and Britain were "perfect U.N. peacekeepers" who knew that "the best way to use force is to show it in order not to use it."99 But to sustain the Annan agreement, to insure free and unfettered access to possible weapon sites, to permit integrity of the inspection regime, it was evident that "the U.S. has to make clear to Iraq and U.S. allies that if there is any violation America will use force, without 25 87 negotiation, hesitation or U.N. approval."100 So how did America fall from the clarity last February to the murky, curious case of the resignation from Unscom of Steve Ritter, senior American weapons inspector? Iraq - The Latest Crisis Saddam Hussein's brinkmanship with U.N. inspectors from November 1997 to February 1998 had strengthened his hand. The divisions among the U.N. Security Council's permanent five members had grown. On the one side Russia, France and China pushed to remove U.N. sanctions, while the U.S. and Britain continued to insist that Unscom stay the course and root out all Iraqi weapons of mass destruction. In accordance with the agreement worked out between U.N. Secretary General Kofi Annan and Saddam Hussein, in late March U.N. arms experts went into each of the 1,058 buildings inside Saddam's eight "presidential compounds." During the searches, the inspectors found no prohibited material or documents.101 Inspectors had not expected to find much at the sites. Iraqi sources reportedly said that many of the buildings were emptied months earlier when tension escalated over Iraq's refusal to grant access to the palaces. Nonetheless, Unscom wanted to set a precedent of entering sites that Iraq had said were off limits.102 Iraq Deputy Prime Minister Tariq Aziz seized the opportunity to claim that "the visit has verified Iraq's credibility." And Iraq sympathizers used this to press their case to end sanctions.103 Iraq continued to press for an end to the intrusive weapons inspection regime using threats of defiance if there was no movement toward long-term monitoring. Russia advocated Iraq's case within the U.N. Security Council. 20 88 In May, the International Atomic Energy Agency said it was ready to move out of an active, intrusive disarmament phase and into long-term monitoring. Soon thereafter Russia and the United States agreed on how to proceed with future Iraq nuclear arms inspections. They agreed that the IAEA would report in July on Iraq's response to a number of outstanding questions.104 Inevitably moving to "long-term monitoring" would mean a lower level of inspections. It would provide more opportunity to Iraqi obstruction. At the time Paul Leventhal and Stephen Dolley of The Nuclear Control Institute criticized the deal, claiming that any move to long-term monitoring was premature. They pointed out that the IAEA's own report showed that many crucial documents on weapons design and research were missing. Furthermore, the IAEA report said that nuclear components, including equipment for uranium conversion were missing while larger stockpiles of uranium remained in Iraq.105 David Albright, president of the Institute for Science and International Security in Washington, said that a new level of inspections would encourage Iraq to "whittle down" enforcement.106 Within weeks the Clinton Administration announced that the United States was reducing its forces in the Persian Gulf in half. During the military showdown with Iraq earlier in the year, 44,700 American troops, 34 warships and more than 400 fighter jets and bombers were stationed in the Gulf. By early June America would drop that number to less than 20,000 troops, roughly the force level that the U.S. had in the region before the winter showdown over Unscom inspections of Iraq. This action, taken less than a month after yet another threat that Iraq would again challenge Unscom inspectors, could only be seen as a weakening of United States resolve.107 27 89 Iraq (and Russia's) hopes to have the sanctions lifted suffered a major set-back in early June. There was growing sentiment in the U.N. Security Council that the Unscom intrusive weapons inspection had lasted long enough. Brazilian representative Celso L.N. Amorim and other Security Council members asked for a briefing on Iraqi compliance with technical details that could serve as a "road map" for Iraq to follow to gain lifting of sanctions and shifting the arms inspections from intrusive "search-and-destroy" mode to long-term surveillance.10* Unscom Chairman Richard Butler went before the Security Council on July 3rd and 4th and presented evidence that showed as ludicrous Iraqi claims that it had met all disarmament demands. Ambassador Butler provided a detailed technical accounting of information Iraq had failed to provide on biological, chemical and missile programs. Ambassador Butler told the Security Council that serious unanswered questions remained on the disposal "of missile propellants, warheads and production efforts in which Iraq tried to recreate Russian weapons from Baghdad resources."109 Following the briefing, Ambassador Richardson said, "Iraq has been dealt a devastating blow to its credibility."110 Nonetheless, out of these U.N. Security Council briefings, a "road map" was compiled for Iraq. Ambassador Butler said that "if Iraq answered the outstanding questions and met demands for material and information, the Security Council could move a long way in lifting the eight-year embargo during the next major review, in October, of Iraqi compliance."1" Saddam Hussein's problem, however, was that he could not follow the "road map" without disclosing his vast program for developing and concealing weapons of mass destruction. In mid-June Ambassador Butler flew to Baghdad for talks with Iraq Deputy Prime Minister Tariq Aziz about the so-called "road map." After two days of discussions, Ambassador 28 90 Butler declared the negotiations a success. He said that "We have... agreed upon a schedule of work for the next two months. The aim of this activity is to bring to an end as soon as possible, but legitimately, validly, the work of the disarmament of Iraq's prescribed weapons of mass destruction."112 A cynic — or perhaps a realist — would have been skeptical of Iraq's pledge to cooperate. Then why, we might ask, did Mr. Butler give something for another hollow promise? Up until that meeting, Ambassador Butler had insisted that Unscom needed "conclusive proof that Iraq had destroyed all its weapons of mass destruction. In June in Baghdad, he lowered the bar. He showed flexibility. Ambassador Butler said his experts were willing to acknowledge that it is impossible to get "100 percent verification."113 Immediately there were concerns among diplomats in New York that Iraq would try to rum any cooperation with Butler's road map into proof that it had met all demands. Ambassador Richardson said, "The Iraqis are good at rhetoric about complying but when it comes to fulfilling their commitments they are always woefully short. We don't expect the Butler road map to be met.""4 Yet even then, in mid-June, some Security Council members were questioning the United States resolve on Iraq. With a range of international crises to confront, they questioned the U.S. ability to give sufficient attention to Iraq."5 At least one analyst went even further. Jim Hoagland of The Washington Post speculated that Ambassador Butler's Baghdad meeting reflected his feeling that "he can no longer count on strong, unequivocal support from Washington and London.""6 At the same time he reported that in late-April the Clinton Administration had decided "to avoid open confrontation with Iraq over U.N. weapons inspectors.""7 If the Clinton Administration had made such a policy shift while publicly unacknowledged, it helps explain the set backs over the summer. It also raises the issue 29 91 of the Clinton Administration's decision to undermine the authority and confidence of Unscom, and consequently giving Saddam Hussein running room for his program to conceal and further develop weapons of mass destruction. Iraq hoped that its nuclear program would be the first to be certified as satisfying weapons inspectors. Baghdad quickly confronted with a major set back. From June 29 to July 3, IAEA inspectors visited Iraq. In late July the IAEA reported to the U.S. Security Council the documents, equipment and material needed to make a nuclear weapon."* While they had found no evidence that Iraq has nuclear weapons, the IAEA report criticized Iraq for not being forthright. The report stated, "Indeed it is prudent to assume that Iraq has retained documentation of its clandestine nuclear program, specimens of important components, and possible amounts of non-enriched uranium."119 For example, inspectors were troubled by their inability to confirm Iraq's destruction of a vacuum induction furnace capable of turning to melt uranium into the spheres forming the core of a nuclear bomb. Inspectors also criticized Iraq for refusing to turn over drawings of a weapon design, experimental test data and other documents related to its nuclear program.120 At the same time, Iraq suffered setbacks in its efforts to shift from intrusive weapon inspections to long-term monitoring for biological, chemical and missile systems. In late June, Unscom reported evidence that Iraq put the deadly VX nerve agent into missile warheads, contradicting Iraqi declarations that the gas had never been weaponized.121 And in July, Iraq continued to refuse to give Unscom material on its extensive biological program. 30 92 On August 1st, Ambassador Butler returned to Baghdad. On August 5th, Iraq announced its decision to free to cooperation with Unscom inspectors. Although surveillance went on, no actual site inspections were permitted. Unscom reported to the U.N. Security Council that Iraq knew that problems in accounting for biological and chemical compounds were serious and growing. Repeatedly Iraq had been forced to revise stories when confronted with evidence uncovered by Unscom. At the time it suspended cooperation with Unscom, Iraq continued to change figures and alter other information earlier presented as "full, final and complete" declarations.122 Further, Iraq continued to refuse to turn over documents including one discovered in July that could prove that there are larger quantities of chemical agents unaccounted for.123 Unscom also reported that they found problems with Iraqi accounts of what they had done with biological weapons such as bombs, spraying devices and quantities of agents themselves such as botulinum toxin, anthrax bacillus and aflatoxin.124 Secretary General Annan told the U.N. Security Council that Iraq's freeze on cooperation with Unscom was "clearly in violation of the resolution of the Security Council and the memorandum of understanding I concluded in Baghdad in February."125 While the U.N. Security Council demanded that Iraq reverse its decision, it took no further action. A few days later Secretary of Defense William Cohen reminded Saddam Hussein that American forces remained on guard in the Gulf. But Secretary of State Madeleine Albright said, "This, at this stage, is not a problem between Saddam Hussein and the U.S. It is a problem between Saddam Hussein and the United Nations, and the United Nations has to stand up for what it has obliged him to do."126 That was certainly a long slide from the position in February 31 93 , f that if there was any violation by Iraq of the inspection agreement that America would use force "without negotiation, hesitation or U.N. approval." Within days senior Clinton Administration sources were explaining U.S. retreat from its vow to use immediate military punishment of Iraq blocked U.N. weapons inspectors. Sources were quotes as saying that "the act that would bring retaliation from Washington has shifted to Iraqi moves to produce weapons of mass destruction or threaten its neighbors."127 The Clinton Administration shifting policy faced immediate criticism. Tom Friedman of The New York Times wrote "[t]hat U.N. resolution (1154) stated that Iraq had to provide 'immediate unconditional and unrestricted access' to U.N. inspectors, and 'any violation would have the severest consequences for Iraq.' Well, last week the Iraqis informed the U.N. that they were totally 'suspending cooperation' with the U.N. inspectors. What was the U.S. response? It sure wasn't the severest consequences."12* A New York Times editorial read, "Instead of warning Mr. Hussein that his resistance was no more acceptable now than it was before, and would be met with military force if necessary, the Administration has deliberately downplayed the defiance... Without a clear and consistent message from Washington that it is prepared to enforce the inspection system, Iraq's weapons program cannot be reliably contained."129 Reacting to the softer U.S. position, within days Iraq announced that it not only was freezing all current Unscom inspections but it was blocking any follow-up searches in cases when monitoring indicates something suspicious. As part of its monitoring program, Unscom had strategically placed state-of-the-art surveillance equipment including cameras and sampling devices for air, soil and water. But this system works only if inspectors have the right to return 54-33499 -4 32 95 going back on absolutely unambiguous language by the president, the Secretary of State and the Secretary of Defense ... For Saddam, it is the final signal to the gulf region that he has survived, he has been able to outmaneuver the coalition and they are going to have to politically and militarily come to terms with his still being around."137 And, I might add, it means that Saddam Hussein, a man who has demonstrated his willingness to use weapons of mass destruction, will be armed with them again and ready to use them. Unquestionably U.S. policy on eliminating weapons of mass destruction in Iraq had changed. Perhaps the Clinton Administration can justify this shift. But, as Barton Gellman has written, "[Arguments (pro and con) have not been fully aired because President Clinton and his top advisors do not acknowledge a policy shift and therefore decline to explain it."131 Forcing The Issue In the face of drifting U.S. policy toward Iraq, Scott Ritter took a courageous act to force the issue. Mr. Ritter was a Marine officer in the Gulf Wars. He joined Unscom in September, 1991 soon after its creation. At the time of his resignation last month, Mr. Ritter was the senior American arms inspector in Unscom. On August 26th in his letter of resignation, Mr. Ritter charged that the U.N. Security Council had abdicated its responsibility to disarm Iraq. He signaled out the Clinton Administration, the U.N. Secretary General and the Security Council for having stymied Unscom. He charged that their failure to strongly support the weapons inspections was "a surrender to Iraqi leadership."139 34 96 In an interview, Mr. Ritter emphasized that Saddam Hussein "was allowed to avoid complete destruction in 1991 by promising the world to give up all his prohibited weapons and to prove he had done so."140 "Iraq is being allowed to redefine the terms of the U.N. cease-fire resolution that stopped the Gulf War. I fought in that war and cannot be part of that. It would mean that hundreds of Americans would have died in vain."141 Since his resignation, Mr. Ritter, and in an article, has detailed the lack of Security Council support for Unscom to carry on its mission effectively and the consequences of that retreat. On several occasions, he charges, that Clinton Administration officials have urged Unscom to stop trying to hold surprise inspections in Iraq. Administration officials confirmed this report and said that they wanted to avoid an open confrontation with Iraq.142 The final straw for Mr. Ritter came a few weeks ago. He reports that Unscom had identified specific sites where Iraq was hiding ballistic missiles and another that "contained documents that confirmed the management of Iraq's concealment program by a member of Saddam Hussein's personal staff."143 The team of inspectors were in place in Baghdad. Unscom chairman Richard Butler supported die inspection. Then at the last minute after consulting with Secretary Albright and other Security Council members, Ambassador Butler was forced to cancel the mission. There no longer was support for surprise inspections. Mr. Ritter felt he had no choice but to resign. In remarks following the resignation, Unscom chairman Butler praised Mr. Ritter, calling him a man of integrity. He said, "Scott and I agree that thee is still work of disarmament to be done."144 35 97 Last week, Mr. Ritter testified before a Senate Committee that Iraq was about three years from making nuclear weapons, and six months from biological weapons. This is serious. The United States must treat this threat as the "clear and present" that it is. Where Do We Go Now? During the Clinton Administration the world has become a more dangerous place. Most alarming is the spread of weapons of mass destruction. We have squandered time. In addition to the nuclear setbacks in India, Pakistan and North Korea, there are many more distressing examples of proliferation of biological and chemical weapons, as well as ballistic missiles. For example Iran has tested missiles able to reach Israel.145 Iraq, however, is in many ways the most troubling failure. Saddam Hussein has a history of producing weapons of mass destruction and using them against his foes; foreign and domestic. In 1991 a war was fought to drive Iraq from its illegal occupation of Kuwait. In defeat Saddam Hussein was allowed to survive in exchange for committing to give up all prohibited weapons. There was a global consensus in support of the war and in support of the U.N. resolutions that created the arms inspection regime. Some hailed it as evidence of a new world order. Tragically, Saddam's long campaign of delay, obstruction and confrontation has fragmented the world community and thwarted the arms inspectors. If Saddam Hussein ultimately prevails it we'll be a crippling blow to the campaign to stop the spread of weapons of mass destruction, a major defeat for world order, and a disgrace for the Clinton Administration. As former U.S. Ambassador and Resident Representative to the International Atomic Energy Agency, I am familiar with the mechanics and the reliability of sophisticated surveillance monitoring 36 98 to stop diversion of sensitive materials. While the mechanical tools are impressive, they are not reliable without on-site inspections. Both are needed to guard against the spread of weapons of mass destruction. And as Mr. Ritter has said, "The illusion of arms control is more dangerous than no arms control at all."146 And as a former Assistant Secretary of State for International Organizations, I am familiar with multilateral diplomacy, especially in the United Nations. The U.N. can be a frustrating arena for the United States. It is a place of promise and of mischief. But it is an arena where the U.S. can prevail and through which the U.S. can advance its interests if an issue is important enough to the U.S. and if the U.S. is willing to work the issue hard in capitals and on Turtle Bay. The Clinton Administration should not be allowed to hide behind the U.N. Security Council for its failure to vigorously support Unscom inspections in Iraq. The Clinton Administration should not be allowed to hide behind the U.N. Security Council for its failure to back up the Unscom inspectors with force if necessary. Our failure in Iraq is a failure of conflicting and unsorted priorities. It is a failure of ineptitude. It is a result of neglect. The spread of weapons of mass destruction is a clear and present danger to Americans living at home and abroad. It is a clear and present danger to United States interests. It is a clear and present danger to a safe and stable world order. No failure of conflicting and unsorted priorities can be tolerated when it comes to the struggle to contain weapons of mass destruction. Scott Ritter's resignation has helped bring attention to failures in U.S. non-proliferation policy. It has helped create political pressure on the Clinton Administration. And last week we saw 37 99 the Clinton Administration response to that pressure when the U.S. led the Security Council to vote to get tough with Iraq. The new U.N. Security Council resolution freezes future reviews of Iraqi sanctions until such time as Saddam Hussein resumes cooperation with Unscom. The resolution also calls for a complete review of Iraqi relations with the United States.147 This is progress, but it is not a final victory. Last week Secretary Albright said that she was dismayed by dissension over U.S. policy on Iraq. She reaffirmed the United States commitment to support the U.N. arms inspectors in Iraq. It was a good speech.14* But in the past, the Clinton Administration's record on proliferation has been firm in rhetoric, but weak in resolve. It is "all hat, no cattle." We must back up the demand for free unfettered intrusive inspections, with the credible use of force, unilateral force if necessary. And if Saddam Hussein determination to produce nuclear, chemical and biological weaponry continues and he stands in the way of effective inspections, the United States cannot afford to choose appeasement the U.S. must use armed force against Saddam Hussein. Congress has an important role to play. The continuing spread of weapons of mass destruction - nuclear, chemical, biological and ballistic - is a clear and present danger. Congress must help firm up wobbly legs in the Clinton Administration. It should work to keep non- proliferation a central priority of American foreign policy and to insure it is treated as such. ENDNOTES 1. Tim Weiner, "U.S. Spy Agencies Find Scant Peril on Horizon," The New York Times. January 29,1998. 2. Bad. 38 100 3. Tim Weiner, "Sophisticated Terrorists Pose Daunting Obstacle," The New York Times. August 13,1998. 4. See, Barclay G. Jones, "Atomic Terrorism: The Real Threat," Chicago Tribune. December 12,1996. 5. Michael Killian, "Pentagon Told to Rethink Strategy: Era of Terrorism Replacing Cold War, Panel Says," Chicago Tribune. December 2,1997. 6. Terry Atlas, "Officials Anxiously Prepare For Germ, Chemical Terrorism," The Chicago Tribune. August 13,1998. 7. For an excellent discussion of what fighting terrorism will require, see Robert M. Gates, "What War Looks Like Now," The New York Times. August 16,1998. 8. Raymond Tantor, Rogue Regimes: Terrorism and Proliferation (New York, St. Martins Press, 1998) p. 40 9. See generally Raymond Tantor, Ibid. 10. Bruce B. Auster, "Should America Worry About Missiles Again? Experts say Rogue States Soon Could Get Them," U.S. News and World Report. July 27,1998, p. 25. 11. Michael Killian, "Panel Disputes C.I.A. Assessment, Fears Attacks By Rogue States," The Chicago Tribune. July 16,1998. See also, Baker Spring, "The Rumsfeld Commission Corrects A Faulty Assessment of the Missile Threat," The Heritage Foundation, July 24,1998. 12. Killian, Ibjd- 13. See generally, Peter Rutland, "Yeltsin: The Problem, Not the Solution," The National Interest Fall 1997, pp. 30-39; Richard Pipes, "Is Russia Still an Enemy?" Foreign Affairs. Vol. 76, No. 5, SeptyOct. 1997, pp. 65-78. 14. See Bill Powell, "If You Really Want to Worry, Think Loose Nukes," Newsweek, May 28,1998, p. 32-33. See also Graham T. Allison, Jr., Owen R Cote, Jr., Richard A. Falkenrath, and Steven E. Miller, Avoiding Nuclear Anarchv: Containing the Threat of Loose Russian Nuclear Weapons and Fissile Material (Cambridge, Mass: MJT Press), 1996; Graham T. Allison, Jr., "Loose Nukes from Russia," The Brown Journal of World Affairs (Winter/Spring 1997): pp. 65-72; Associate Press, "Georgia Seeks Non-Military Buyer for Soviet Uranium," Chicago Sun-Times. January 8,1997; and Andrew and Leslie Cockburn, One Point Safe (Anchor Books, New York, 1997) 15. Tantor, flad-P-219. 39 101 16. , "U.S. Delegation Gets Disturbing Look at Famine-Ridden North Korea," Chicago Tribune. August 20,1998. 17. "Some analysts see [Kim Jong II] as a maniac, noting that he has been accused of kidnaping a South Korean actor-and-actress couple whose work he admired, of planning the bombing of the South Korean Cabinet in 1983, and of plotting the bombing of a civilian South Korean airliner in 1987." Nicholas D. Kristof, "North Koreans Officially Inherit Another "Great Leader," The New York Times. September 6,1998. 18. Robert S. Greenberger, "North Korea Launch Missile, Stirring Call to Halt U.S. Funds," The Wall Street Journal. September 1,1998, Steven Lee Myers, "Missile Test by North Korea: Dark Omen for Washington: U.S. Fears New Sales to Belligerent Nations," The New York Times. September 1,1998. 19. David E. Sanger, "North Korea Site An A-Bomb Plant, U.S. Agencies Say," The New York Times. August 18,1998. 20. David E. Sanger, "North Korea Site An A-Bomb Plant, U.S. Agencies Say", The New York Times. August 17,1998. 21. Editorial. "North Korea's Nuclear Ambitions." The New York Times. August 19,1998. 22. Ramola Talwar, "Report: India Plans Nuclear Subs," Chicago Sun-Times. June 27,1998. 23. John F. Burns, "India, Eye on China, Insists It Will Develop Nuclear Deterrent," The New York Times. July 7,1998. 24. Barbara Crossette, "Pakistan Says India Uses False Threats to Justify Nuclear Arms," The New York Times. July 8,1998. 25. John Kifher, "Train Blast Kills 23 and Pakistan Blames India," The New York Times. June 8,1998; Zahid Hussain, "Bomb Kills 26 Aboard Train in Pakistan: Government Says India is to Blame," Chicago Sun-Times. June 8,1998. 26. Editorial, "The Kashmir Tinderbox," The New York Times. June 28,1998. 27. Reuters, "Pakistan calls India Irresponsible in Kashmir," Chicago Tribune. August 3, 1998. 28. , "Indian Shells Kill 10, Officials Say, Chicago Tribune. July 31,1998. 29. Reuters, Ibid. 30. Reuters, "Pakistan Ties Test Ban To a Kashmir Solution," New York Times. June 29, 1998. 40 103 46. Jeff Gerth, "Officials Say China Illegally Sent U.S. Equipment to Military Plant," The New York Times. April 23,1997. See also, Jeff Gerth, "U.S. Approved Equipment Sale to China Despite Hint of Misuse," The New York Times. November 22, 1997. 47. Gary Milhollin, "China Cheats (What a Surprise!)," The New York Times. April 24, 1997. 48. Prem Dshankar Jha, "India's Choice, and Pakistan's," The New York Times. May 29, 1998. 49. Jaswant Singh, "Against Nuclear Apartheid," Foreign Affairs. September/October 1998, pp. 41-52. 50. Lynne Duke, "Pakistan, India Agree to Hold Security Talks: Premiers Remain Divided on Kashmir, The Washington Post, July 30, 1998. 51. Ramola Talwar, Ibid. 52. Thomas W. Lippman, "What Can Be Done About India?" The Washington Post National Weekly Edition. June 29,1998. 53. Michael A. Lew, "Nuclear Neophytes Lack Many Safeguards: India and Pakistan Lack Firm Grip on Managing Arsenals," Chicago Tribune. June 7,1998. 54. On June 29, the Security Council unanimously adopted resolution 487 (1981). 55. The United States opposed the resolution because it pre-empted prerogatives following within the competence of the U.N. Security Council; because the U.S. opposed in principle the exclusion of any member from an international organization, except in strict compliance with statutory provisions, which did not exist in this case; and because all member states have the right to benefit from Agency technical assistance. 56. Later that fall, the UNGA adopted an Iraqi-initiated resolution condemning Israel (UNGA Resolution 38/9). 57. UNGA Resolution 49/687. 58. Barton Gellman, "Drawing a Fuzzier Line in the Sand," The Washington Post National Weekly Edition. August 24,1998, p. 3. 59. A. M. Rosenthal, "The Weapon Called VX," The New York Times. July 10,1998. 60. Terry Atlas, "Nerve Agent Found on Iraq Missile," The Chicago Tribune. June 24,1998. 61. Editorial, "The Smoking Warhead," The Washington Post National Weekly Edition. July 6,1998. 42 104 62. Md. 63. A. M. Rosenthal, "Six Years of Sabotage," The New York Times. November 18,1997. 64. Madeleine K. Albright, "The U.S. Will Stand Firm on Iraq, No Matter What," The New York Times. August 17,1998. 65. Reuters, "Iraqi Lawmakers Urge a Hold in Dealing with U.N. on Arms," The New York Times. October 28,1997. 66. Steven Lee Myers, "A Defiant Iraq Bars Entry to 3 U.S. Arms Inspectors," The New York Times. October 31,1997. 67. "This is a very serious matter, and we are not ruling any option out at this time," the State Department's spokesman, James P. Rubin, said today. Steven Lee Myers, Ibid. See also William Neikirk and David S. Cloud, "Iraq Pulls Clinton Into Risky Strategy Dilemma, Chicago Tribune. November 7,1997. 68. William Neikirk, "Verbal fray heats up between U.S., Iraq," Chicago Tribune. November 4,1997; Steven Lee Myers, "U.S. Says It Is Prepared to Use Force on Iraq," The New York Times. November 11,1997. 69. James Bennet, "Basking Inspectors, Clinton Urges "Very Strong" U.N. Action on Iraq," The New York Times. November 10,1997. 70. Robert Reed, "Iraqis Hide Equipment, U.N. Says," The Chicago Sun-Times. November 6,1977. 71. Storer H. Rowley, "Clinton Orders Gulf Buildup As 'Precaution'," The Chicago Tribune. November 15,1997. See also, Eric Schmitt, "U.S. Weighing Value of Bombing in Coercing Iraq," The New York Times. November 16,1997. 72. , "Iraq Newspaper Urges Attacks on U.S., British," Chicago Sun Times. November 16,1997. 73. Barbara Crossette, "U.N. Council Gets Evidence of Illicit Iraqi Arms Buildup," The New York Times. November 20,1997. 74. Ray Moseley, "Hussein Retreats But Looks Like a Winner: Analysists believe Iraq Used Time To Hide its Weapons," Chicago Tribune. November 21,1997; Jonathan G. Tucker, "Hide-and-Seek, Iraqi Style," The New York Times. November 22,1997. 75. Steven Erlanger, "A Teetering Coalition," The New York Times. November 21,1997. See also, Barbara Crossette, "Russians Press U.N. to Relax Iraq Sanctions, "The New York Times. November 22,1997; and Robin Wright, "Iraq Forces Dialogue On Sanctions," Chicago Sun-Times. November 23,1997. 43 105 76. Craig Turner, "Iraq Won't Let U.N. Into Presidential Palaces," Chicago Sun-Times. November 25,1997. 77. David S. Cloud, "U.S. Cites Deception by Iraq on Weapons," Chicago Tribune. November 26,1997, and Tim Weiner, "Iraq Could Face Still More Sanctions or an Attack, U.S. Says," The New York Times. November 26,1998. 78. Barbara Crossette, "Security Council's Rising Discord Is Music To Iraq," The New York Times. January 4,1998. 79. Storer H. Rowley, "Testing Resolve, Iraq Again Bars U.N. Monitors," Chicago Tribune. January 13,1998. 80. David S. Cloud, "Iraq Again Puts U.S. On The Spot," Chicago Tribune. January 14, 1998. 81. Associated Press, "Russia, China Support Iraq on Sanctions," Chicago Tribune. January 23,1998. 82. Jim Hoagland, "A Real Target," The Washington Post National Weekly Edition. January 26,1998, p. 5. 83. Michael Killian and David S. Cloud, "CIA Chief Says Iraq Hiding Major Toxic Arms Program," Chicago Tribune. January 29, 1998. 84. A. M. Rosenthal, "America's War Goals," The New York Times. January 30, 1998. 85. David S. Cloud, "U.S. Making Plans for Military Strike on Iraq," Chicago Tribune. January 27,1998. See also, Tim Weiner, "U.S. Lists Options On Use Of Force In Iraq Standoff," The New York Times. January 25,1998. 86. Steven Lee Myers, "Albright Says U.S. Could Act Alone Against Baghdad," The New York Times. January 29, 1998. 87. Steven Erlanger, "Iraqis Must End Defiance on Arms, Clinton Warns," The New York Times. January 28, 1998. 88. Daniel Williams, "Iraq Diplomacy Intensifies," Chicago Sun-Times. February 3,1998. 89. Paul Richter, "Iraq Strike Gains Backing, U.S. Says," Chicago Sun-Times. February 11, 1998. 90. Eric Schmitt, "Republicans Seek Clearer Iraq Goal," The New York Times. February 6, 1998. 91. Editorial, "Iraq's Clock Ticking," Chicago Sun-Times. February 11,1998. 44 106 92. Editorial, "Annan Gives Comfort to Iraq," Chicago Tribune. February 12, 1998. 93. Steven Erlanger, "U.S. Seeks to Limit Role of U.N. Chief During Iraq Talks, The New York Times. February 17,1998. 94. James Bennett, "Clinton Describes Goals for a Strike on Iraqi Arsenals," The New York Times. February 18, 1998. See also, Roger Simon, "Diplomacy Window Closing," Chicago Tribune. February 18,1998. 95. Barbara Crossette, "Iraqi Agrees to Inspections in a Deal with U.N. Leader; Washington Awaits Details," The New York Times. February 23,1998. 96. David S. Cloud and Roger Simon, "Clinton Endorses Iraq Deal: But He Retains U.S. Right to Strike if Hussein Reneges," Chicago Tribune. February 24,1998. 97. R. W. Apple, Jr., "Buying a Deal as Hussein Buys Time," The New York Times. February 24,1998. 98. Editorial, "Now Make Hussein Keep His Word," Chicago Tribune. February 24,1998. 99. Christopher S. Wren, "Annan Says He Has the Council's Backing," The New York Times. February 25, 1998. 100. Thomas L. Friedman, "Craziness Pays, The New York Times. February 24,1998. 101. Leon Barkho, "UN finds Iraq Palaces Bare," Chicago Sun-Times. April 4,1998. 102. The visits which began March 26, were designed to "establish our right to unrestricted access," said Charles Duelber, deputy head of Unscom. Ibid. 103. Ibjd. 104. Barbara Crosette, "U.S. and Russia Reach Accord on Iraq Inspections," The New York Times. May 14,1998. 105. IbM. 106. Ibid. 107. Steven Lee Myers, "Clinton Cuts Gulf Forces in Half as Showdown With Iraq Recedes," The New York Times. May 27, 1998. 108. Barbara Crossette, "Top U.N. Inspectors to Brief Security Council on Iraqi Failures to Provide Information," The New York Times. June 1,1998. 45 107 109. Barbara Crossette, "U.N. Inspectors Tell How Iraq Concealed Weapons Programs," The New York Times. June 4,1998. no. Bad. 111. Barbara Crossette, "U.N. Arms Experts Brief Security Council on Iraqi Compliance," The New York Times. June 5,1998. 112. Reuters, "U.N. Team and Iraq Set on Timetable of Inspections," The New York Times. June 15,1998. 113. Leon Barkho, "A Farewell to Arms Inspections? U.N. Rapporteur Set to Lift Iraq Sanctions Despite Restoration," Washington Times. June 16,1998. 114. Barbara Crossette, "Goals Are Set for Iraq, But U.N. Aides Remain Wary," The New York Times. June 17,1998. 115. Ibid. 116. Jim Hoagland, "Shift and Drift," The Washington Post National Weekly Edition. June 29, 1998, p. 5. 117. Mi. 118. Barbara Crossette and Judith Miller, "Nuclear Suspicions Cling to Iraq in Latest Report," The New York Times. July 28,1998. 119. Ibjd, 120. Some outside critics still felt the IAEA report did not go far enough. David Albright, president of the Institute for Science and International Security said, "[T)he report doesn't raise the alarm sufficiently about Iraq's nuclear capabilities." Ibid. 121. Terry Atlas, "Never Agent Found on Iraq Missile," The Chicago Tribune. June 24,1998. 122. Barbara Crossette, "Security Council Closes Its Ranks Against Baghdad," The New York Times. August 7.1998. 123. Iraqis had told Unscom that they had filled 101,080 warheads with chemical weapons in the 1980s. The new document stated that fewer than that were actually deployed. Unscom sought to discover what happened to the rest. Ibid. 124. Ibjd. 125. Bud. 46 108 126. Jim Abrams, "U.S. Reminds Iraq About Its Firepower," Chicago Sun-Times. August 10, 1998. 127. Steven Erlanger, "U.S. Retreats From Vow to Use Force if Iraq Blocks Inspectors," The New York Times. August 14, 1998. 128. Thomas Friedman, "Forgive and Forget," The New York Times. August 11,1998. 129. Editorial, "Drifting to a New Iraq Policy," The New York Times. August 12,1998. 130. Barbara Crossette, "Toughening Stand on Weapons, Iraq Foils Long-Term Monitoring," The New York Times. August 13,1998. 131. Ibid. 132. Editorial, "Saddam Hussein Makes His Move," The New York Times. August 14,1998. 133. Madeleine Albright, "The U.S. Will Stand Firm on Iraq, No Matter What," The New York Times. August 17,1998. 134. Paul Lewis, "U.N. Council Prepares Mild Reply to Iraq," The New York Times. August 17,1998. 135. Paul Lewis, "Mediator Failed To Sway Iraq on Arms, Security Council is Told," The New York Times. August 18,1998. 136. Judith Miller, "Arms Inspector Quits, Rips Clinton, U.N.," Chicago Tribune. August 27, 1998. 137. Barton Gcllman, "Drawing a Fuzzier Line in the Sand," The Washington Post National Weekly Edition. August 24,1998, p. 13. 138. Ibid. 139. Judith Miller, "American Inspector on Iraq Quits, Accusing U.N. and U.S. of Cave-In," The New York Times. August 27,1998. 140. Jim Hoagland, "Ritter's Resignation," The Washington Post National Weekly Edition. August 31,1998, p.5. 141. Ibid- 142. Judith Miller. Ibid. 143. Scott Ritter, "The Final Straw," The Wall Street Journal. September 3,1998. 47 109 144. Nicole Winfield, "Chief U.N. Weapons Inspector Sympathizes with Ex-Aide," Chicago Sun-Times. August 28,1998. 145. Tim Weiner, "Iraq Said to Test Missile Able to Hit Israel and Saudis," The New York Times, July 23,1998. 146. Judith Miller, "American Inspector on Iraq Quits, Accusing U.N. and U.S. of Cave-In," The New York Times. August 27,1998. 147. Barbara Crossette, "U.N. Keeps Sanctions on Iraq, Citing Its Balking of Monitors," The New York Times. September 10,1998. 148. Philip Shenon, "Rebuilding Ex-Arms Inspector, Albright Defends U.S. Role," The New York Times. September 10,1998. 48 110 UUTWUUIIH U.S. HOUSE OF REPRESENTATIVES PERMANENT SELECT COMMITTEE ON INTELLIGENCE WASHINGTON. DC 20515-6415 August 27, 1998 The Honorable Madeleine K. Albright Secretary of State Department of State 2201 C Street. NW Washington, DC 20520 Dear Secretary Albright: I am writing to express my dismay at the Administration's apparent decision to back away from supporting a vigorous United Nations Special Commission (UNSC0M) inspection regime meant to halt Iraq's continuing efforts to build weapons of mass destruction and their delivery systems. In particular, I am distressed by reports that the Administration decided in early August to withdraw support of UNSCOM's efforts to uncover Iraq's "concealment mechanism," that is, the sophisticated and comprehensive program Saddam Hussein has developed to hide his proscribed weapons programs. Yet, my preliminary inquiries into this matter have led me to conclude that, as reported, it was the Administration's lack of support that led to the withdrawal of the most recent UNSCOM inspection team without if s having even tried to carry out a series of inspections that had the potential of exposing the scope of Saddam Hussein's violation of Security Council resolutions and the Memorandum of Understanding of February 23, 1998. In my role as Chairman of the House Permanent Select Committee on Intelligence, I have been kept current of the U.S. Intelligence Community's assessment of Iraqi weapons proliferation activities. I do not exaggerate in saying that I have grave fears for the security of our nation if those activities are not brought to an immediate halt. I had felt somewhat comforted knowing that this attitude was also reflected in the Administration's professed policy towards Iraq. After all, it was the President who at the Pentagon on February 17 of this year said that we must exercise "constant vigilance" in maintaining the inspections program. "(Saddam Hussein] has tried to thwart it in every conceivable way. But the discipline, determination, the year-in, year-out effort of these weapons inspectors is doing the job. And we seek to finish the job." The President also said that, if we do not keep up the pressure to uncover his weapons programs, "some day, some way, I guarantee you, he'll use the arsenal." 117 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) IRAQ'S WMD PROGRAMS. IAEA DIRECTOR GENERAL EL-BARADEI TOLD THE UNSC ON OCTOBER 13 THAT THE IAEA HAS NO INDICATION THAT IRAQ ASSEMBLED NUCLEAR WEAPONS WITH OR WITHOUT FISSILE CORES. 2 118 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) IRAQI FISSILE MATERIAL PROCUREMENT In answer to Congressman Gilman's Question #2 Q: Are you confident that Iraq's obtaining fissile material from an outside source for its nuclear weapons would be detected by UN weapons inspectors or by other means? How difficult an intelligence task would this be? A: THE IAEA IS REASONABLY CONFIDENT THAT ITS PLAN FOR ON- GOING MONITORING AND VERIFICATION (OMV) COULD ENABLE IAEA TO DETECT AN ATTEMPT BY THE IRAQIS TO RECONSTITUTE FISSILE MATERIAL PRODUCTION. DETECTION OF SMUGGLED FISSILE MATERIAL WOULD BE MUCH MORE DIFFICULT; WE HAVE BEEN WORKING ACTIVELY WITH THE IAEA AND OTHER MEMBER STATES TO ASSIST THE IAEA IN STRENGTHENING ITS OMV SYSTEM IN THIS REGARD. 1 119 Question for the Record Submitted to Martin S. Indyk by Chairman Benjamin A. Gilman Committee on International Relations September 15, 1998 3. Did the Iraqi facilities that you were blocked from inspecting include those in which Iraq is thought to be hiding its components for the nuclear weapons? Answer: Because the question implies knowledge which we do not have, it is important to say first that neither we nor the International Atomic Energy Agency are aware of specific nuclear weapon components believed to be hidden in Iraq, though the possibility certainly exists. It is also necessary that I clarify that it is not we, the USG, that is blocked from inspecting, but UNSCOM, an international organization chartered by the Security Council. There are important gaps in Iraq's required disclosures in every weapons area. So UNSCOM's efforts to uncover Iraq's concealment mechanism are aimed across the board. What UNSCOM might find in any one place, we do not know, because the Iraqis are very good at hiding things. 120 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) IRAQI SCALE MODEL NUCLEAR WEAPONS In answer to Congressman Gilman's Question #4 Q: A respected nuclear trade journal, Nucleonics Week has reported that the IAEA was informed that Iraq had developed a scale model of a nuclear weapon. Did UNSCOM have access to information about such a scale model? Are you aware of any other activities of Iraq that would indicate they are preparing to conform their nuclear bomb components to a missile delivery vehicle? A: WE ARE AWARE THAT THE IAEA HAS LOOKED INTO THIS MATTER, AND THAT THEY FOUND NO TRACE OF A SCALE MODEL OF A NUCLEAR WEAPON. AS SUCH THERE WAS NOTHING FOR THE IAEA TO REPORT. THERE ARE STILL UNANSWERED QUESTIONS ABOUT IRAQ'S WEAPONIZATION EFFORTS. THE IAEA HAS HIGHLIGHTED THE LACK OF INFORMATION ABOUT WEAPONIZATION AS ONE OF SEVERAL AREAS WHERE IT HAS CONTINUING UNCERTAINTIES AND WHERE THERE IS A LACK OF COMPLETE AND VERIFIABLE INFORMATION. THE IAEA HAS STATED IT WILL FOLLOW-UP ON ANY INFORMATION IT RECEIVES REGARDING IRAQ'S NUCLEAR PROGRAM. THE IAEA HAS ALSO NOTED IT HAS TAKEN INTO ACCOUNT VARIOUS UNCERTAINTIES IN DESIGNING ITS ON-GOING MONITORING AND VERIFICATION PROGRAM. 1 122 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) CERTIFYING IRAQI COMPLIANCE In answer to Congressman Gilman's Question #6 Q: Do you believe that the UN should close the file on Iraq's nuclear weapons? A: WE CANNOT ENDORSE A SHIFT TO ON-GOING MONITORING AND VERIFICATION (OMV) AT THIS TIME. IN THE UNSC'S MAY 14 PRESIDENTIAL STATEMENT THE COUNCIL AFFIRMED ITS INTENTION TO AGREE TO A RESOLUTION THAT THE IAEA DEDICATE ITS RESOURCES TO OMV, UPON RECEIPT OF A REPORT FROM THE IAEA THAT THE NECESSARY TECHNICAL AND SUBSTANTIVE CLARIFICATION HAVE BEEN MADE, INCLUDING PROVISION OF THE NECESSARY RESPONSES TO ALL OF THE IAEA'S QUESTIONS AND CONCERNS. IRAQ HAS NOT PROVIDED ANY INFORMATION IN RESPONSE. UNTIL IRAQ PROVIDES SUCH INFORMATION, PARTICULARLY WITH REGARD TO DOMESTIC PENAL LEGISLATION OUTLAWING PROSCRIBED WEAPONS AND ASSOCIATED ACTIVITIES AS DEFINED IN UNSC 687, WE CAN NOT ENDORSE A SHIFT TO OMV. 1 123 Question for the Record Submitted to Martin S. Indyk by Chairman Benjamin A. Gilman Committee on International Relations September 15, 1998 7. Please describe how the Security Council and the U.S. have over the past year taken actions to limit the role of UNSCOM to make it progressively easier for Iraq to comply with its disarmament obligations? Where is this process taking us? And how will the most recent Security Council resolution (UNSCR 1194) further limit the ability of UNSCOM to carry out its original mandate? Answer: The Security Council has repeatedly, and unanimously, found that Iraq is in violation of its disarmament obligations under relevant Security Council resolutions. The Security Council has not reduced any of Iraq's obligations in those resolutions. While some members of the Council would like to give Iraq partial credit for partial progress, we believe that resolutions 687, 707, 715 and 1194 are good resolutions that should be firmly supported. Resolution 1194 does not limit UNSCOM at all. It specifically condemns Iraq's decision to suspend cooperation with UNSCOM, and clearly states that no sanctions reviews will be conducted until UNSCOM and the IAEA report to the Council that they are satisfied that they have been able to exercise the full range of activities provided for in their mandates. 124 Question for the Record Submitted to Martin S. Indyk Committee on International Relations September 14, 1998 8. Has the Administration adopted a "deterrence" strategy toward Iraq ensuring only that Saddam Hussein does not use weapons that he might already have or might soon acquire? Has the Administration changed its policy toward Iraq from the February 23 agreement between Iraq and Secretary General Kofi Annan and the adoption of UN Security Council Resolution 1194 on September 9? Answer Our Iraq policy remains to contain a dangerous regime and prevent that regime from acquiring dangerous weapons of mass destruction. Under UN Security Council resolutions, Iraq is obligated to provide full and complete disclosure of its ballistic missile, chemical, biological and nuclear weapon programs, and to destroy any prohibited weapons. It is also prohibited from seeking to acquire or develop such weapons. UNSCOM and IAEA are charged with verifying Iraq's compliance with these obligations. We fully support UNSCOM and IAEA in their missions. Iraq's August 5 suspension of cooperation with UNSCOM and the IAEA violates the February 23 Memorandum of Understanding signed by the Secretary General and Iraq, as well as numerous UN Security Council resolutions, including resolutions 687 and 1154. UN Security Council resolution 1194 adopted on September 9, which we supported, condemns Iraq's decision to suspend cooperation with UNSCOM and IAEA as a "totally unacceptable contravention of its obligations" and demands that Iraq rescind its decision and resume cooperation immediately. We are working with the Council to achieve that shared goal. 125 Question for the Record Submitted to Martin S. Indyk by Chairman Benjamin A. Gilman Committee on International Relations September 15, 1998 9. Please describe how the Security Council and its member states have blocked or otherwise frustrated your inspection efforts over the past several years. Is the Administration in your view running away from a confrontation with Saddam Hussein? How has this affected UNSCOM's efforts in the field? Answer: It is Iraq that has blocked and frustrated UNSCOM inspection efforts. We have worked very hard to maintain Security Council unanimity in supporting the work of UNSCOM and in condemning Iraq's failures to cooperate with UNSCOM. To date, that unanimity has been formally and publicly expressed, as in the recent Resolution 1194. The Administration isn't running away from anything. If Saddam Hussein seeks confrontation, he will continue to find firm resolve on the part of the United States to contain his efforts to threaten his neighbors and to pursue weapons of mass destruction. UNSCOM's efforts in the field have benefited greatly from the support of the United States Government, as is well known by everyone who works with UNSCOM. 54-33499 -5 126 Question for the record submitted to Martin Indyk Houso International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) CERTIFYING IRAQI COMPLIANCE In answer to Congressman Gilman's Question #10 Q: If UNSCOM can't perform its job, how are we going to know whether Iraq is rebuilding its proscribed weapons systems? A: THE UNSC STATED IN RESOLUTION 1194 THAT IRAQ'S AUGUST 5 DECISION TO RESCIND FULL COOPERATION IS "TOTALLY UNACCEPTABLE." AND DEMANDED THAT IRAQ IMMEDIATELY RESCIND ITS DECISION TO HALT COOPERATION WITH UNSCOM AND THE IAEA. IN AN AUGUST 12TH LETTER TO THE UN SECURITY COUNCIL PRESIDENT, UNSCOM EXECUTIVE CHAIRMAN RICHARD BUTLER STATED "THE COMMISSION CANNOT CONTINUE TO PROVIDE THE COUNCIL WITH THE SAME LEVEL OF ASSURANCES OF IRAQ'S COMPLIANCE WITH ITS OBLIGATIONS TO NOT RE-ESTABLISH ITS PROSCRIBED WEAPONS PROGRAMS." IAEA DIRECTOR-GENERAL MOHAMED EL-BARADEI STATED IN AN AUGUST 11th LETTER TO THE UN SECURITY COUNCIL PRESIDENT THAT, "IRAQ'S REFUSAL TO CO-OPERATE IN ANY ACTIVITY INVOLVING INVESTIGATION OF ITS CLANDESTINE NUCLEAR PROGRAM MAKES IT IMPOSSIBLE FOR THE IAEA...TO INVESTIGATE, THROUGH THE FOLLOW-UP OF ANY NEW INFORMATION THAT COMES TO ITS KNOWLEDGE, THE REMAINING QUESTIONS AND CONCERNS RELEVANT TO IRAQ'S CLANDESTINE 1 127 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) NUCLEAR PROGRAM, AS WELL AS ANY OTHER ASPECT OF THAT PROGRAM, AND TO DESTROY, REMOVE, OR RENDER HARMLESS ANY PROHIBITED ITEMS THAT MAY BE DISCOVERED THROUGH SUCH INVESTIGATIONS." WE CONTINUE TO WORK IN DIPLOMATIC CHANNELS TO PRESSURE IRAQ TO RESCIND ITS AUGUST 5 DECISION. WE WILL CONTINUE TO PURSUE THE DIPLOMATIC TRACK AS LONG AS PRACTICAL, BUT WE HAVE TAKEN NO OPTIONS OFF THE TABLE. 2 128 Question for the Record Submitted to Martin Indyk House International Relations Committee September 15, 1998 11. Has Iraq used the United Nations Oil-for-Food program to import dual use goods or other components for its banned weapons programs? Does the U.S. government have any information that Iraq has received, or is receiving, illegal shipments through this program? We have no doubt that the government of Iraq wants to circumvent sanctions in any way it can, including, where possible, by misusing humanitarian programs. Therefore, every effort is made to prevent such abuse of the Oil-for-Food program. Every proposed Oil-for-Food contract is reviewed by the UN Iraq Sanctions Committee, of which the U.S. is a member; objection to a proposed contract by any one member of the Committee will prevent that contract from going forward. The Committee can, and repeatedly has, refused to approve contracts because of dual use concerns. If the U.S. government were to become aware of specific information that Iraq had received or was receiving unauthorized shipments through this program, we would immediately engage with the Sanctions Committee and the UN Office of the Iraq Program (OIP) in an effort to halt dual-use diversions. However, to the best of our knowledge, such a situation has not occured. 129 Question for the Record Submitted to Martin Indyk House International Relations Committee September 15, 1998 12. Could the UN Security Council or any member of the Council take action to stop these shipments if they were to be publicly documented? If the Iraq Sanctions Committee approved a contract and later learned that the proposed contract had misrepresented the end use or the end user of the goods, the Sanctions Committee could take action. As a member of the UN Security Council, the U.S. sits on the Iraq Sanctions Committee. Depending on the precise circumstances of the case, the Committee could ask the UN Office of the Iraq Program (OIP) to notify the contractor that approval for the contract was being withdrawn. If the shipment had not yet reached Iraq and the goods were being sent by sea, the Committee could notify the Multinational Interception Force to be on the alert for the shipment and turn back the vessel carrying the goods. For goods arriving over land, Lloyds inspectors at the Iraqi border could be instructed to refuse entry for the goods. If UN inspectors inside Iraq were to find items which had been diverted, they would report this to the UN Office of the Humanitarian Coordinator in Iraq, which would send a note verbale to the Iraqi Foreign Ministry and a report to the UN Office of the Iraq Program in New York. Following up on the note verbale, UN officials would also consult with the Iraqi government and ask for measures to rectify the 130 diversion of goods. If the Iraqis did not comply with the request, OIP could bring this to the attention of the Security Council. (However, according to OIP, no such diversions have come to the attention of the UN during its regular monitoring.) I i 132 the staff of UN agencies operating in Iraq, focus on specific areas to ensure appropriate use of imported items. UNSCOM is in frequent communication with the UN's Office of the Iraq Program (OIP) and as necessary with the Sanctions Committee. While the mission of UNSCOM is to investigate Iraq's Weapons of Mass Destruction (WMO) programs, if UNSCOM inspectors were to uncover goods which had been diverted from civilian to military use, they could easily notify OIP. UNSCOM reviewed the current Oil-for-Food distribution plan and identified possible dual use items. Every contract approval letter is sent to UNSCOM and to the Multinational Interception Force (MIF), so that those entities are aware of approved goods going into Iraq. UNSCOM routinely visits sites such as FAO warehouses where dual use items are stored. UNSCOM has not to date notified the OIP of any such diversions of goods from civilian to military uses. UNSCOM inspectors have notified the Committee of goods which they discovered which were smuggled into Iraq. I 134 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) UNSCOM'S MONITORING CAPABILITIES SINCE 5 AUGUST In answer to Congressman Gilman's Question #15 Q: In light of the decision of August 5 by the government of Iraq to stop cooperating with the UN weapons inspectors, hasn't UNSCOM lost its eyes and ears by which it can expose and destroy Iraqi weapons of mass destruction? A: THE UNSC STATED IN RESOLUTION 1194 THAT IRAQ'S AUGUST 5 DECISION TO RESCIND FULL COOPERATION IS "TOTALLY UNACCEPTABLE" AND DEMANDED THAT IRAQ REVERSE ITS DECISION AND RESUME COOPERATION IMMEDIATELY. BOTH UNSCOM AND THE IAEA HAVE REPORTED TO THE UN SECURITY COUNCIL PRESIDENT THAT, AS LONG AS IRAQ FORBIDS INSPECTIONS TO TAKE PLACE, UNSCOM AND THE IAEA CANNOT PROVIDE THE SECURITY COUNCIL WITH THE SAME LEVEL OF ASSURANCE THAT IRAQ IS COMPLYING WITH UNSC RESOLUTIONS. WE CONTINUE TO WORK IN DIPLOMATIC CHANNELS TO PRESSURE IRAQ TO RESCIND ITS AUGUST 5 DECISION. HOWEVER, WE HAVE TAKEN NO OPTIONS OFF THE TABLE. 136 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) IRAQ'S DECLARATIONS ON ITS BIOLOGICAL WEAPONS PROGRAM HAS BEEN FOUND BY INTERNATIONAL EXPERTS TO BE INCOMPLETE, INADEQUATE, AND TECHNICALLY FLAWED. THE MATERIAL BALANCE OF IRAQ'S BIOLOGICAL GROWTH MEDIA CANNOT BE DETERMINED. THERE IS EVIDENCE OF THE EXISTENCE, BUT NOT OF THE QUANTITIES PRODUCED, OF BW AGENTS AND MUNITIONS (MISSILE WARHEADS FILLED WITH ANTHRAX AND BOTULINUM TOXIN, R-400 AERIAL BOMBS, DROP TANKS, AND AEROSOL GENERATORS). IRAQ HAS LIED REPEATEDLY ABOUT ITS BW PROGRAM. IN SOME CASES, IT DENIES THAT DOCUMENTATION OF ITS BW PROGRAM EXISTS WHILE, CONCEALING OTHER DOCUMENTS ON ITS BW PROGRAM IT ACKNOWLEDGES DO EXIST. IN THE PAST, IRAQ HAS CLANDESTINELY DESTROYED PROSCRIBED WEAPONS MATERIALS, OR FALSELY CLAIMED TO DESTROY MATERIALS WHILE ACTUALLY RETAINING THEM. 2 137 Question for the record submitted to Martin Indyk House International Relations Committee Hearing on Disarming Iraq: Status of Weapons Inspections (9/14/98) IRAQI USE OF TOOLS FOR PROSCRIBED ACTIVITIES AND WEAPONS In answer to Congressman Gilman's Question #17 Q: Has the administration demarched countries on a regular basis to ensure that its companies are not providing equipment and technical assistance that can be used to manufacture and produce proscribed weapons? How did Iraq recently acquire some 20 four-axis machine tools for use in its ballistic missile efforts? Are those machines being used for proscribed activities? What efforts has UNSCOM made to destroy or disable these machines? A: THE UNITED STATES HAS REPEATEDLY DEMARCHED OTHER COUNTRIES EMPHASIZING THE REGIONAL AND GLOBAL THREAT IRAQ'S WEAPONS OF MASS DESTRUCTION PROGRAMS POSE. WITH REGARD TO THE FOUR-AXIS MACHINE TOOLS, THESE ARE DUAL-USE ITEMS WITH SOME SIGNIFICANCE FOR MISSILE DEVELOPMENT. THERE ARE A NUMBER OF THESE AXIS MACHINES CURRENTLY UNDER OBSERVATION AT SITES DESIGNATED BY UNSCOM. TO ENSURE IRAQ DOES NOT IMPORT ANY MATERIALS, INCLUDING AXIS MACHINE TOOLS, THAT ARE INCONSISTENT WITH THE ITEMS' DECLARED PURPOSE AND END-USER DESTINATION, UNSCOM AND THE IAEA HAVE SET UP AND JOINTLY ADMINISTER AN EXPORT/IMPORT MONITORING MECHANISM FOR IRAQ. UNSCOM ACTIVELY TRACKS THE USAGE OF THESE MACHINES AND PURSUES ANY REPORTS OF THEIR USE IN PROSCRIBED WEAPONS DEVELOPMENT. 1 139 Question for the Record Submitted to Martin S. Indyk Committee on International Relations September 15, 1998 1. Two cornerstones of United States policy toward Iraq since 1991, as I understand policy, have been a tough inspection regime and the maintenance of tough sanctions. I sense that in recent weeks and months, there has been a tension between a robust inspection regime and keeping unity on tough sanctions. - Do you agree that tension exists? - Is it fair to say that your highest priority has been to keep robust sanctions in place and that the timing and nature of inspections should not jeopardize efforts to maintain robust sanctions? Does this necessarily mean that aspects of the inspections regime have been weakened? - Has there been a change of policy on the interplay between sanctions and inspections? - How do you get back into a situation in which it is possible to have both a strong inspections regime and robust sanctions? Answer There is no inherent conflict between sanctions and disarmament inspections; in fact, the two have complementary roles. UN sanctions on Iraq deny Saddam Hussein the revenues with which to reconstitute Iraq's HMD. UNSCOM verifies Iraqi compliance with its HMD obligations and, in the absence of Iraqi disclosure, attempts to uncover the details of Iraq's weapons programs. Iraq has repeatedly attempted to break free of both the sanctions and inspection regimes without complying with UN Security Council resolutions. 140 UNSCOM and IAEA reports are an integral part of UN Security Council consideration of whether Iraqi policies and practices merit action on the Council's part to alter the sanctions regime. In the 40 reviews held prior to the adoption of UN Security Council Resolution 1194 (which suspended such reviews in response to Iraq's decision to suspend cooperation with UN weapons inspectors), no grounds were ever found for Security Council action with respect to sanctions. 141 Question for the Record Submitted to Martin S. Indyk by Hon. Lee H. Hamilton Committee on International Relations September 15, 1998 2. I wanted to ask you about the credibility of U.S. forces in the Gulf today. We have drawn down our forces that were in the Gulf in February when there was the last confrontation with Iraq over inspections. — Can we do more with less? — Do we have the ability today with far fewer forces in the region to project credible firepower should that be necessary? Answer: It is my understanding that the Department of Defense has changed the weapons mix deployed in the Gulf region since February, greatly increasing the ready availability of cruise missiles. It is also my understanding that U.S. military forces now deployed in the Gulf region do have the ability to project significant firepower. I must defer to the Department of Defense on these matters. 143 Testimony of A/S Martin Indyk House International Relations Committee September 14, 1997 Question In the 1998 Supplemental Appropriations Act enacted earlier this year, Congress provided $5 million this year for Radio Free Iraq, $5 million for support of the Iraqi opposition, and $3 million for a process to indict Saddam Hussein. — How much money has been expended since the enactment of this bill? — How much of these funds has been obligated? — Is Radio Free Iraq now broadcasting from the Czech Republic? — When will it be fully operational and how many hours will it broadcast a day? Answer Regarding the $5 million to support the Iraqi opposition and promote the collection of information on Iraqi war crimes, the State Department was receiving grant requests from NGO's and non- profit organizations when new legislation compelled us temporarily to put this process on hold. The FY99 Appropriations Bill—which provides $8 million for the opposition—may effect implementation of the 1998 Supplemental Appropriation. As the new bill requires, we will report on the opposition program 30 days after the bill is signed. About $3.9 million in grant requests were under consideration when the new appropriations bill was passed. Radio Free Iraq plans to begin broadcasting around the end of October. Radio Free Europe/Radio Liberty administers the new service and will have details on the service's budget and its hours of operation. 144 -2- Testimony of A/S Martin Indyk House International Relations Committee September 14, 1997 Question What programs to support the Iraqi opposition are up and running now? — Are we supporting mainly exile groups? — Which groups are we supporting? — What specific activities do these funds support? — Is this effort supporting both the INC and the National Accord groups? — What are your specific goals? Where do you want to be with this program in 1999? Answer As noted above, funding for opposition activities has been affected by the FY99 Appropriations Bill, so grant awards have been placed on hold. We plan to report on efforts to implement this initiative within 30 days of signature. It is the policy of the USG to support the Iraqi opposition by funding unifying programs in which all of the opposition can participate. This approach is not presently centered around any specific group or groups. In FY99, we hope to encourage and assist political opposition groups, nonpartisan opposition groups and unaffiliated Iraqis concerned about their nation's future in peacefully espousing democracy, pluralism, human rights and the rule of law for their country. These committed Iraqis want to build a consensus on the transition from dictatorship to pluralism, convey to the UN their views on Iraqi noncompliance with UN resolutions and compile information to support holding Iraqi officials criminally responsible for violations of international humanitarian law. We will ensure that any support to opposition groups enhances their efforts at unity, is fully consistent with our other policy initiatives on Iraq and is attuned to what the opposition itself can effectively make use of as it develops over time. 145 Iraqi War Crimes Questions Question: How are you proceeding on a campaign to indict Saddam Hussein? Answer: Saddam and his regime have demonstrated their criminal character in acts against the peoples of Iraq and Iraq's neighbors. These acts go back to Saddam's accession to power in 1979. The criminal record of Saddam's regime must become better known before action in the U.N. Security Council to establish a tribunal will succeed. The United States Government is working to gather and prepare evidence that would be of use to a commission or tribunal that would be set up by the Security Council to investigate and prosecute Saddam Hussein and key members of his regime. We are also working with a number of non-governmental organizations and governments to gather evidence and to make sure that this evidence becomes better known. We are also discussing this Iraqi war crimes issue bilaterally with a number of interested States. Question: When can we expect a formal indictment? Answer: Indictment depends on the establishment of a tribunal by the U.N. Security Council, the date of which is not yet known. After a tribunal is established, the prosecutor of that tribunal must conduct an investigation and present evidence to the judges of the tribunal before an indictment would be issued. For purposes of comparison, the period from the startup of the International Criminal Tribunal for the Former Yugoslavia (ICTY) to the indictment of Karadzic and Mladic was a little over two years (May 1993-July 1995). 146 -3- Testimony of A/S Martin Indyk House International Relations Committee September 14, 1997 Question Two of the Iraqi Kurdish leaders are in town this week, Jalal Talabani and Masood Barzani. — What was the purpose of their visit? — What do you hope to accomplish during their visit? — Do you seek to work out an agreement between them on revenue sharing, on military deployments in the north, or on greater political cooperation between the factions? — Is either leader pledging not to cooperate with Baghdad and Saddam? — Are we seeking a commitment from the Kurdish leaders on their ties to Baghdad? — What is the next step with the two leaders? Answer Jalal Talabani (PUK) and Massoud Barzani (KDP) met for the first time in more than four years in talks held at the Department of State. Each leader had concluded a bilateral visit with USG officials immediately prior to these talks. Each asked the US to mediate to give new impetus to their attempts at reconciliation. Secretary Albright, welcoming the leaders, congratulated them on the courageous step they were taking on behalf of their people. She expressed the United States' deep concern for the safety, security and economic well-being of Iraqi Kurds, Shias, Sunnis and others who have been subject to brutal attacks by the Baghdad regime. The joint statement which the two leaders signed includes a timeline to improve the regional administration of the three northern provinces in the context of the 1996 Ankara Accords. Over the next nine months, they will seek to unify their administrations, share revenues, define the status of their major cities, and hold elections. A key component for the success of this program will be continued meetings between the two leaders. To make this possible, both parties have condemned internal 147 -4- fighting, pledged to refrain from violence in settling their differences, and are resolved to eliminate terrorism by establishing stronger safeguards for Iraq's borders. The presence of both Mr. Barzani and Mr. Talabani together in Washington, their request for our mediation, and the commitment in their joint statement to "endeavor to create a united, pluralistic and democratic Iraq that would ensure the political and human rights of Kurdish people in Iraq and of all Iraqis" should make their attitude towards the Baghdad regime clear. Since the Washington talks, we continue to work closely on these issues with the Iraqi Kurds and with Turkey and Great Britain. 148 Question for the Record Submitted to Martin S. Indyk Committee on International Relations September 15, 1998 8. Three are persistent reports that Iraq is smuggling 50,000 to 60,000 barrels of oil per day into Turkey through northern Iraq, in violation of sanctions against Iraq. - Are these reports accurate? - Is this smuggling directly benefiting the Iraqi Government and the KDP Kurdish faction? -What incentive does either party or Turkey have for ending this illegal trade? - Why don't these sales take place under the "Oil for Food" program? Answer We estimate that Turkey imports 30,000-50,000 barrels of diesel/gasoil per day from Iraq outside of the UN-approved oil- for-food program. UNSCR 986 authorized the export of petroleum products, such as gasoil, to Turkey under the oil-for-food program; however, the authorized outlet for this trade, the Kirkuk-Yumurtalik pipeline, is not equipped for the transport of petroleum products. Equipment approved by the UN Sanctions Committee under the oil-for-food program should increase the pipeline's crude capacity, but will not make it suitable for the transport of petroleum products. We are working with the Turks to try to bring the trade under the oil-for-food program, and we believe that arrangements can be devised that would elicit the required cooperation both from the Turkish government and the KDP. Regularizing the trade 149 would deny the Baghdad regime the revenues it currently derives from this trade and eliminate one of the principal violations of the sanctions regime. o