Y 4. F 76/1: Se 2/21
102d Congress
2d Session
COMMITTEE PRINT
U.N. SECURITY COUNCIL RESOLUTIONS ON IRAQ:
COMPLIANCE AND IMPLEMENTATION
REPORT
PREPARED FOR THE
SUBCOMMITTEE ON EUROPE AND THE MIDDLE EAST
OF THE
COMMITTEE ON FOREIGN AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
BY THE
CONGRESSIONAL RESEARCH SERVICE
LIBRARY OF CONGRESS
DOC
MARCH 1992
Y 4.F 76/1:
Se 2/21
Printed for the use of the Committee on Foreign Affairs
DOC
Y 4F 76: Se 2/21
U.S. GOVERNMENT PRINTING OFFICE
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For sale by the U.S. Government Printing Office MAY 20 1992
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COMMITTEE ON FOREIGN AFFAIRS
DANTE B. FASCELL, Florida, Chairman
LEE H. HAMILTON, Indiana
WILLIAM S. BROOMFIELD, Michigan
GUS YATRON, Pennsylvania
BENJAMIN A. GILMAN, New York
STEPHEN J. SOLARZ, New York
ROBERT J. LAGOMARSINO, California
HOWARD WOLPE, Michigan
WILLIAM F. GOODLING, Pennsylvania
SAM GEJDENSON, Connecticut
JIM LEACH, Iowa
MERVYN M. DYMALLY, California
TOBY ROTH, Wisconsin
TOM LANTOS, California
OLYMPIA J. SNOWE, Maine
ROBERT G. TORRICELLI, New Jersey
HENRY J. HYDE, Illinois
HOWARD L. BERMAN, California
DOUG BEREUTER, Nebraska
MEL LEVINE, California
CHRISTOPHER H. SMITH, New Jersey
EDWARD F. FEIGHAN, Ohio
DAN BURTON, Indiana
TED WEISS, New York
JAN MEYERS, Kansas
GARY L. ACKERMAN, New York
JOHN MILLER, Washington
WAYNE OWENS, Utah
BEN BLAZ, Guam
HARRY JOHNSTON, Florida
ELTON GALLEGLY, California
ELIOT L. ENGEL, New York
AMO HOUGHTON, New York
ENI F.H. FALEOMAVAEGA,
PORTER J. GOSS, Florida
American Samoa
ILEANA ROS-LEHTINEN, Florida
GERRY E. STUDDS, Massachusetts
AUSTIN J. MURPHY, Pennsylvania
PETER H. KOSTMAYER, Pennsylvania
THOMAS M. FOGLIETTA, Pennsylvania
FRANK McCLOSKEY, Indiana
THOMAS C. SAWYER, Ohio
DONALD M. PAYNE, New Jersey
BILL ORTON, Utah
(Vacancy)
(Vacancy)
JOHN J. BRADY, Jr., Chief of Staff
KRISTINE WILLIE, Staff Assistant
SUBCOMMITTEE ON EUROPE AND THE MIDDLE EAST
LEE H. HAMILTON, Indiana, Chairman
TOM LANTOS, California
BENJAMIN A. GILMAN, New York
MEL LEVINE, California
WILLIAM F. GOODLING, Pennsylvania
EDWARD F. FEIGHAN, Ohio
JAN MEYERS, Kansas
GARY L. ACKERMAN, New York
ELTON GALLEGLY, California
WAYNE OWENS, Utah
JIM LEACH, Iowa
HARRY JOHNSTON, Florida
ELIOT L. ENGEL, New York
MICHAEL H. VAN DUSEN, Subcommittee Staff Director
RUSSELL J. WILSON, Minority Staff Consultant
CHRISTOPHER KOJM, Subcommittee Staff Consultant
KATHERINE A. WILKENS, Subcommittee Staff Consultant
DAVID WEINER, Subcommittee Staff Consultant
Barn
Lorin


FOREWORD
This study entitled “U.N. Security Council Resolutions on Iraq:
Compliance and Implementation” was prepared by the Foreign Af-
fairs and National Defense Division of the Congressional Research
Service of the Library of Congress for the Subcommittee on Europe
and the Middle East, and has been submitted to the Committee on
Foreign Affairs.
The findings of this study are those of the Foreign Affairs and
National Defense Division, Congressional Research Service, Library
of Congress, and do not necessarily reflect the views of the mem-
bers of the Committee on Foreign Affairs.
DANTE B. FASCELL,
Chairman, Committee on Foreign Affairs.
(III)


VIII
sanctions regime. U.N. and IAEA inspectors were also shot at,
held at a parking lot for several days, and in other ways har-
assed and impeded in their efforts to fulfill their tasks.
• Iraq refused to accept the conditions set forth in S/RES/706
(1991) and S/RES/712 (1991) for the sale of petroleum products
and the purchase of humanitarian materials. The sales were
important because the funds received would be used not only
for humanitarian purposes in Iraq but also to finance imple-
mentation of other provisions of the cease-fire resolution, such
as the boundary demarcation, the weapons of mass destruction
activity, the compensation commission, and to fund the U.N.
Compensation Fund. Without that income, the United Nations
was dependent on voluntary contributions from member states
to support activities that the Security Council determined
would be financed by Iraq. The continuing effectiveness of the
United Nations in pursuing the tasks placed on it by the Coun-
cil might be damaged by a lack of secure funding.
• Iraq has not yet accepted S/RES/715 (1991) that adopted U.N.
and IAEA plans for future ongoing monitoring and verification
of Iraq's compliance with its obligations under S/RES/687, not
to use, retain, possess, develop, construct, or otherwise acquire
any weapons or related items classified as weapons of mass de-
struction.
This report sets out, in table format, most of the provisions of the
12 resolutions adopted by the U.N. Security Council on Iraq in
1991, broken down into nine broad issue areas or topics. For each
of the 92 provisions summarized, a notation is made indicating if
the provision was implemented or complied with, as of December
31, 1991.
A quantitative analysis of the status of compliance as drawn
from the tables in this report concludes that Iraq's rate of compli-
ance with the provisions of the Security Council resolutions is
lower than its rate of noncompliance with those provisions. Of the
59 provisions requiring Iraqi implementation, either alone or in
concert with the United Nations or IAEA, Iraq complied with 14,
or 24 percent. Iraq did not comply with 45 or 76 percent of these 59
provisions.
The issue areas where compliance was lowest included Boundary
Demarcation; Weapons of Mass Destruction; and Sanctions: Oil Ex-
ports/Humanitarian Imports Program. These are all areas where
Iraq might view its national sovereignty as being violated. Thus,
the goals of the U.N. resolutions and their procedures for imple-
mentation become more difficult to enforce as the issue areas in-
fringed more directly on Iraq's perceived national sovereignty and
security spheres.


GUIDE TO ABBREVIATIONS USED IN THIS REPORT
D-G
DMZ
IAEA
ICRC
NPT
Director-General
demilitarized zone between Iraq & Kuwait
International Atomic Energy Agency
International Committee of the Red Cross
Treaty on the Non-Proliferation of Nuclear
Weapons of July 1, 1968
Security Council Resolution 687, the “cease-
fire” resolution
United Nations Secretary-General
United Nations Iraq-Kuwait Observation
Mission
S/RES/687 (1991)
SYG
UNIKOM
(IX)


CONTENTS
Page
iii
vii
ix
1
Foreword ........
Letter of Transmittal .........
Summary and Conclusions............
Guide to Abbreviations used in this Report
I. Introduction.........
A. Background
B. Parameters of this Report
C. Context of the Report ......
II. Iraq's Compliance with the Resolutions .....
A. Results of this Report.........
Explanation of the Statistical Summary Table ....
III. Boundary Demarcation
A. S/RES/687 (1991), April 3, 1991, Section A........
B. S/RES/706 (1991), August 15, 1991, Para. 3 .......
IV. U.N. Iraq-Kuwait Observer Mission (UNIKOM)....
A. S/RES/687 (1991), April 3, 1991, Section B.......
B. S/RES/689 (1991), April 9, 1991 .....
V. Weapons of Mass Destruction .......
A. S/RES/687 (1991), April 3, 1991, Section C........
B. S/RES/699 (1991), June 17, 1991...
C. S/RES/706 (1991), August 15, 1991, Para. 3.......
D. S/RES/707 (1991), August 15, 1991.....
E. S/RES/715 (1991), October 11, 1991
VI. Return of Kuwaiti Property ......
A. S/RES/686 (1991), March 2, 1991.......
B. S/RES/687 (1991), April 3, 1991, Section D......
C. S/RES/706 (1991), August 15, 1991, Para. 3.......
VII. Compensation (Reparations]..............
A. S RES/686 (1991), March 2, 1991.
B. S/RES/687 (1991), April 3, 1991, Section E
C. S/RES/692 (1991), May 20, 1991.
D. S/RES/705 (1991), August 15, 1991
E. S/RES/706 (1991), August 15, 1991, Para. 3......
VIII. Sanctions: General and Arms Embargo..........
A. S/RES/687 (1991), April 3, 1991, Section F.
B. S/RES/700 (1991), June 17, 1991 ....
IX. Sanctions: Oil Exports/Humanitarian Imports Program.
A. S/RES/687 (1991), April 3, 1991, Section F .......
B. S/RES/706 (1991), August 15, 1991, Paras. 1, 2, 5, 7 .........
C. S/RES/712 (1991), September 18, 1991
X. Repatriation of Kuwaiti and Third Country Nationals.........
A. S/RES/686 (1991), March 2, 1991.
B. S/RES/687 (1991), April 3, 1991, Section G...
C. S/RES/706 (1991), August 15, 1991, Para. 6
XI. Humanitarian "Intervention"
A. S/RES/688 (1991), April 5, 1991 ........
XII. Appendices ......
A. Texts of Major Resolutions Adopted in 1991 .....
1. S/RES/687 (1991)—The Cease-Fire Resolution...
2. S/RES/688 (1991)Humanitarian Intervention ...........
3. S/RES/706 (1991)—Sale of Iraqi Oil .........
4. S/RES/707 (1991)—Iraqi Noncompliance Regarding Weapons of Mass
Destruction........
5. S/RES/712 (1991)—Sale of Iraqi Oil.
1
1
3
4
5
6
8
8
8
9
9
9
10
10
12
13
13
14
16
16
16
16
17
17
17
18
18
19
20
20
20
22
22
22
23
25
25
25
25
26
26
27
27
27
37
39
43
47
(XI)


3
ment. This text is from Reuters News Service (Reuters Internation-
al Services, Inc.).
The six resolutions included in the appendix are S/RES/687
(1991), the cease-fire resolution; S/RES/688 (1991), on humanitarian
intervention; S/RES/706 (1991), on the sale of Iraqi oil; S/RES/707
(1991), on Iraqi noncompliance regarding weapons of mass destruc-
tion; S/RES/712 (1991), on the sale of Iraqi oil; and S/RES/715
(1991), approving plans for ongoing monitoring of Iraq compliance
regarding weapons. Security Council Resolution 687 (1991) was un-
precedented both in its length and comprehensive nature and in
the tasks that it delineated for the United Nations to carry out
concerning Iraq. Most of the resolutions that were adopted after S/
RES/687 (1991) implemented or further defined the application of
one of the nine sections of Resolution 687. The five resolutions
listed above after Resolution 687 (1991), however, all go beyond the
provisions of the cease-fire resolution. They also break through the
limits established by article 2, paragraph 7 of the United Nations
Charter, prohibiting U.N. intervention in matters within the do-
mestic jurisdiction of any state. Finally, they might be viewed as
resolutions that set a precedent for U.N. actions in any future situ-
ation involving peace and security matters.
C. CONTEXT OF THE REPORT
The information in the tables should be viewed within the con-
text of the Iraqi response to the United Nations resolutions. Iraq
was circumspect in its April 6, 1991 acceptance of the provisions of
the resolution, a requirement of the Security Council before a
formal cease-fire could be put into effect between Iraq and the coa-
lition of nations assisting Kuwait. Most of the five and 1/2 page
letter to the United Nations from Iraq's Minister of Foreign Affairs
questioned various provisions and underlying premises of Resolu-
tion 687 before finally stating simply that Iraq “has no choice but
to accept this resolution.” (S/22456, p. 7) On April 11, the President
of the Security Council, after further discussions with Iraq's U.N.
ambassador to the effect that the language in the April 6 letter
“constitutes Iraq's irrevocable and unqualified acceptance” of the
resolution, noted that the formal cease-fire was effective. (S/22485)
Section of the cease-fire resolution dealt with the destruction
of Iraq's weapons of mass destruction and required that Iraq de-
clare to the United Nations all such weapons and related materials
it had, with quantities, locations, and so forth. Iraq's declarations
have been incomplete and misleading. 2 Iraq's treatment of the
U.N. and IAEA inspectors has often been less than cooperative.
Among the serious incidents were those in June 1991 involving a
nuclear inspection mission that was denied access to sites and shot
at when they photographed materials being removed. An equally
serious incident took place in September 1991 when another nucle-
ar inspection team was held in a parking lot at Baghdad for four
days. Other teams have encountered harassment and a pattern of
delaying tactics and impediments.
2 Only the first one, a letter dated April 18, 1991, has been published in any form; the United
Nations has not officially published any of Iraq's correspondence containing declarations.


4
Iraq refused to accept the conditions set forth in S/RES/706
(1991) and S/RES/712 (1991) for the sale of petroleum products and
purchase of humanitarian materials. The revenue from those sales
was also intended to finance implementation of other provisions of
the cease-fire resolution (S/RES/687), including the U.N. Compen-
sation Fund, created to pay reparations to those damaged by the
Iraqi invasion and takeover of Kuwait. The United Nations has
had to rely on voluntary contributions from member nations to fi-
nance the meetings and work of the Compensation Commission ap-
paratus, the Boundary Demarcation Commission, and the Special
Commission on weapons of mass destruction. No claims to the U.N.
Compensation Commission have been paid since the Fund contains
no money. This lack of a secure financial base places the future im-
plementation of the Resolution 687 framework at risk. U.N. reports
in July 1991 estimated that as much as $43.4 million might be
needed through the end of 1991. The Special Commission on weap-
ons of mass destruction anticipates that its destruction activities
will incur expenditures of far greater amounts.
The third phase of activities related to weapons of mass destruc-
tion was implementation of future ongoing U.N. verification and
monitoring of Iraq's compliance with the requirements of Resolu-
tion 687, “not to use, develop, construct or acquire” any of the
weapons of mass destruction and related materials cited in that
resolution. The U.N. Security Council adopted the plans for such
verification and monitoring in S/RES/715 (1991), in October but
Iraq has not accepted that reso
II. IRAQ'S COMPLIANCE WITH THE RESOLUTIONS
Many authorities have characterized Iraq's compliance with the
provisions of S/RES/687 (1991) and its subsequent resolutions in
negative terms. For example, on August 15, 1991, the U.N. Security
Council adopted S/RES/707 (1991), in which it
1. Condemns Iraq's serious violation of a number of its ob-
ligations under section C of resolution 687 (1991) and of its
undertakings to cooperate with the Special Commission
and the IAEA, which constitutes a material breach of the
relevant provisions of resolution 687 which established a
cease-fire and provided the conditions essential to the res-
toration of peace and security in the region. ...
Another general assessment came from U.S. Representative to
the United Nations Thomas Pickering in testimony on October 21,
1991, before the Subcommittee on Europe and the Middle East and
the Subcommittee on Human Rights and International Organiza-
tions of the House Foreign Affairs Committee. He maintained that
“The Iraqi government has repeatedly violated the provisions of
the Security Council's resolutions.” He noted that “Iraq has:
-misrepresented the number and scope of development of its
weapons of mass destruction and ballistic missiles, then re-
vealed that information, when compelled by UN inspectors and
international pressure, in a way calculated to avoid further
action by the Security Council;


7
Table 1.
SUMMARY OF IRAQI COMPLIANCE WITH
U.N. SECURITY COUNCIL RESOLUTIONS*
Issue Area
# of
Provi-
sions
Yes No Incom- Pend- In Progress
plete ing | Unknown
3
1
1
1
0
010
Boundary
Demarcation
UNIKOM
1
1
0
0
0
0/0
30
5
6
9
4
4/2
Weapons of Mass
Destruction
2
0
1
0
0
1/0
Return of Kuwaiti
Property
Compensation
4
1
2
1
0
010
1
0
10
1
o
0
Sanctions: General;
arms embargo
010
13
0
12
0
1
010
Sanctions: Oil
Exports/Humanitar-
ian Imports
Program
Repatriation of
Kuwaiti Nationals
2
0
0
2
0
010
3
1
1
1
0
010
Humanitarian
Intervention
TOTALS
59
9 | 24 14
5
5/2
* An additional 33 provisions required only United Nations
implementation, such as preparing a report. Of these, the United
Nations complied with 29 (28 Yes; 1 In Progress) and has not complied
with 4 provisions (1 No; 3 Pending).


8
III. BOUNDARY DEMARCATION
A. S/RES/687 (1991), April 3, 1991, Section A
Provision of Resolution
Implemented
Incomplete
Iraq and Kuwait to respect
the boundary & allocation of
islands set out in agreements
signed Oct. 4, 1963 (para.2)
Commentary
Both Iraq and Kuwait
accepted provision.
However, Iraq
continued to maintain 5
police posts on Kuwaiti
territory.
Report by SYG on May
2: Iraq-Kuwait
Boundary Demarcation
Commission of 5
members.Demarcation
in progress. Estimated
date of completion,
March 1, 1992.
Yes
Secretary-General to arrange
for demarcation of boundary
& report to Council by May
3, 1991 (para.3)
Pending
U.N. to guarantee
inviolability of boundary
(para.4)
Waiting for completion
of demarcation.
B. SRES/706 (1991), August 15, 1991, Para. 3
Provision of Resolution
Implemented
Commentary
No
Part of the U.N. Escrow
Account to finance half the
costs of the Boundary
Commission


9
IV. U.N. IRAQ-KUWAIT OBSERVER MISSION
UNIKOM
A. SRES/687 (1991), April 3, 1991, Section B
Provision of Resolution
Implemented
Yes
Commentary
Plan submitted April 5,
1991, & approved by
S/RES/689. (1991),
adopted April 9, 1991
Secretary-General to submit
to Council a plan for U.N.
observer unit to monitor
the Khor Abdullah & a
demilitarized zone along
Iraq-Kuwait border (para.5)
Once UNIKOM deployed,
states aiding Kuwait to
remove their military forces
from Iraq (para.6)
Yes
Withdrawal completed by
May 9, 1991.
B. SRES/689 (1991), April 9, 1991
Provision of Resolution
Implemented
Yes
Report of Secretary-General
on establishment of
UNIKOM approved (para.1)
Council to review
termination or continuation
of UNIKOM every six
months (para.2)
Commentary
Deployment completed
May 6 & DMZ into effect
May 9, 1991.
Review took place Oct. 7,
with agreement to
continue UNIKOM for a
further 6-month period.
Yes


13
C. S/RES/706 (1991), August 15, 1991, Para. 3
Provision of Resolution
Implemented Commentary
No
Some of the U.N. Escrow
Account to finance full costs
of tasks authorized under
Section C
D. SRES/707 (1991), August 15, 1991
Provision of Resolution
Implemented
Commentary
No
Incomplete
No
Iraq to provide full, final &
complete disclosure of its
programs to develop
weapons of mass
destruction and all holdings
of such (para.3(i))
Iraq to allow Special
Commission, etc. immediate,
unconditional &
unrestricted access to any &
all areas they wish to
inspect (para.3(ii))
Iraq to cease immediately
any attempt to conceal or
move or destroy any such
material without
notification & prior consent
of Special Commission
(para.3(iii))
Iraq to make available
immediately any items to
which the Special
Commission, etc. was
previously denied access
(para. 3(iv))
Iraq to allow the Special
Commission, etc. to conduct
both fixed wing and
helicopter flights
throughout Iraq, with their
own aircraft (para.3(v))
Implementation
unknown; one request
made to IAEA for
consent
Incomplete
Yes
-


17
VII. COMPENSATION (REPARATIONS]
A. S/RES/686 (1991), March 2, 1991
Provision of Resolution
Implemented
Yes
Iraq to accept liability for
any loss, damage or injury...
(para.2(b))
Commentary
Statement of acceptance
made; implementation
process set forth in
S/RES/687 (1991) &
other resolutions
B. SRES/687 (1991), April 3, 1991, Section E
Provision of Resolution
Implemented
Yes
Commentary
Process & procedures
established, but funds for
compensation not
available. Iraq has not
accepted procedures for
oil sales.
to Yes
S/RES/692 (1991)
Iraq to be liable for any
direct loss, damage,
including environmental
damage & the depletion of
natural resources, or injury
to foreign governments,
nationals, & corporations,
resulting from its invasion
& occupation of Kuwait
(para.16)
Decision to create a fund to
pay compensation for claims
under para. 16 (para.18)
Decision to establish a
Commission to administer
the fund (para.18)
Secretary-General to
develop recommendations
for the fund & for a
program to implement
paras. 16-18 (para.19)
Secretary-General to
suggest to Security Council
a maximum level of the
value of its oil exports that
Iraq will pay into the fund
Yes
S/RES/692 (1991)
Yes
May 2, 1991, in S/22559
Yes
30 %, in S/22661, May
31, 1991
(para.19)


22
X. SANCTIONS: OIL EXPORTS/HUMANITARIAN IMPORTS
PROGRAM
A. SRES/687 (1991), April 3, 1991, Section F
Provision of Resolution
Implemented
Yes
Commentary
Foodstuffs are being
shipped to Iraq, with
notice to Sanctions
Committee.
Yes
Prohibitions against sale or
supply to Iraq of
commodities or products
and prohibitions against
financial transactions
related thereto set forth in
S/RES/661 (1990) shall not
apply to foodstuffs under
certain conditions (para.20)
Same prohibitions shall not
apply to materials &
supplies for essential
civilian needs identified as
humanitarian, with
accelerated, "no-objection"
procedures (para.20)
Sanctions Committee
authorized to approve
exceptions to S/RES/661
(1990) sanctions in
humanitarian circumstances
para.20. (para.23)
Sanctions Committee has
approved shipment to
Iraq of materials &
supplies for essential
civilian needs.
Yes
B. SRES/706 (1991), August 15, 1991, Paras. 1, 2, 5, 7
Provision of Resolution
Implemented Commentary
No
Iraq has not accepted
this resolution & its
conditions.
All states authorized to
permit import, for period of
six months (expires March
18, 1992), of Iraqi oil
sufficient to produce not
more than $1.6 billion,
under specific conditions
and for specific purposes
(para.1)


26
XI. HUMANITARIAN "INTERVENTION"
A. SRES/688 (1991), April 5, 1991
Provision of Resolution
Iraq to end repression of its
civilian population,
including Kurds (para.2)
Implemented Commentary
No
Not ended. Reports of
attacks against Kurds
persist. Agreement
between Iraq and Kurd
leadership not
completed.
Incomplete Required initial presence
of some Coalition forces
followed by placement of
U.N. security guards.
U.N. programs & camps
not allowed in southern
Iraq areas occupied by
Shiite Moslems.
Iraq to allow immediate
access by intl humanitarian
organizations to all in need
of assistance (para.3)
Yes
SYG to pursue
humanitarian efforts in Iraq
& report on plight of
civilian population(para.4)
Program and camps set
up; reports by Ahtisaari
and Aga Khan (S/22366
& S/22799). Program
extended to June 30,
1992.
Yes
SYG to use all resources at
his disposal, including
relevant U.N. agencies, to
meet critical needs of
refugees & displaced Iraqi
population (para.5)
Executive Delegate of
the SYG named. Also
U.N. Disaster Relief
Office provides
information on needs
and efforts.


28
S/RES/687 (1991)
Page 2
Noting that Iraq and Kuwait, as independent sovereign States, signed at
Baghdad on 4 October 1963 "Agreed Minutes Between the State of Kuwait and the
Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and
Related Matters", thereby recognizing formally the boundary between Iraq and Kuwait
and the allocation of islands, which were registered with the United Nations in
accordance with Article 102 of the Charter of the United Nations and in which Iraq
recognized the independence and complete sovereignty of the State of Kuwait within
its borders as specified and accepted in the letter of the Prime Minister of Iraq
dated 21 July 1932, and as accepted by the Ruler of Kuwait in his letter dated
10 August 1932,
Conscious of the need for demarcation of the said boundary,
Conscious also of the statements by Iraq threatening to use weapons in
violation of its obligations under the Geneva Protocol for the Prohibition of the
Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare, signed at Geneva on 17 June 1925, 37 and of its prior use of
chemical weapons and affirming that grave consequences would follow any further use
by Iraq of such weapons,
Recalling that Iraq has subscribed to the Declaration adopted by all States
participating in the Conference of States Parties to the 1925 Geneva Protocol and
Other Interested States, held in Paris from 7 to 11 January 1989, establishing the
objective of universal elimination of chemical and biological weapons,
Recalling also that Iraq has signed the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction, of 10 April 1972, 4/
Noting the importance of Iraq ratifying this Convention,
Noting moreover the importance of all States adhering to this Convention and
encouraging its forthcoming Review Conference to reinforce the authority,
efficiency and universal scope of the convention,
Stressing the importance of an early conclusion by the Conference on
Disarmament of its work on a Convention on the Universal Prohibition of Chemical
Weapons and of universal adherence thereto,
Aware of the use by Iraq of ballistic missiles in unprovoked attacks and
therefore of the need to take specific measures in regard to such missiles located
in Iraq,
31
League of Nations, Treaty Series, vol. XCIV (1929), No. 2138.
General Assembly resolution 2826 (XXVI), annex.
T...


37
2. S/RES/688 (1991) -- Humanitarian Intervention
S
UNITED
NATIONS
Security Council
Distr.
GENERAL
S/RES/688 (1991)
5 April 1991
RESOLUTION 688 (1991)
Adopted by the Security Council at its 2982nd meeting,
on 5 April 1991
The Security Council,
Mindful of its duties and its responsibilities under the Charter of the United
Nations for the maintenance of international peace and security,
Recalling Article 2, paragraph 7, of the Charter of the United Nations,
Gravely concerned by the repression of the Iraqi civilian population in many
parts of Iraq, including most recently in Kurdish populated areas which led to a
massive flow of refugees towards and across international frontiers and to cross
border incursions, which threaten international peace and security in the region,
Deeply disturbed by the magnitude of the human suffering involved,
Taking note of the letters sent by the representatives of Turkey and France to
the United Nations dated 2 April 1991 and 4 April 1991, respectively (S/22435 and
S/22442),
Taking note also of the letters sent by the Permanent Representative of the
Islamic Republic of Iran to the United Nations dated 3 and 4 April 1991,
respectively (S/22436 and s/22447),
Reaffirming the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Iraq and of all states in the
area,
Bearing in mind the Secretary-General's report of 20 March 1991 (S/22366),
1. Condemns the repression of the Iraqi civilian population in many parts of
Irag, including most recently in Kurdish populated areas, the consequences of which
threaten international peace and security in the region;
91-11134 3312Z (E)


47
5. S/RES/712 (1991) -- Sale of Iraqi Oil
UNITED
NATIONS
S
Security Council
Distr.
GENERAL
S/RES/712 (1991)
19 September 1991
RESOLUTION 712 (1991)
Adopted by the Security Council at its 3008th meeting,
on 19 September 1991
The Security Council,
Recalling its previous relevant resolutions and in particular resolutions
661 (1990) of 6 August 1990, 686 (1991) of 2 March 1991, 687 (1991) of
3 April 1991, 688 (1991) of 5 April 1991, 692 (1991) of 20 May 1991,
699 (1991) of. 17 June 1991, and 705 (1991) and 706 (1991) of 15 August 1991,
Expressing its appreciation for the report dated 4 September 1991
submitted by the Secretary-General pursuant to paragraph 5 of resolution
706 (1991), 1
Reaffirming its concern about the nutritional and health situation of the
Iraqi civilian population and the risk of a further deterioration of this
situation, and underlining the need in this context for fully up-to-date
assessments of the situation in all parts of Iraq as a basis for the equitable
distribution of humanitarian relief to all segments of the Iraqi civilian
population,
Recalling that the activities to be carried out by or on behalf of the
· Secretary-General to meet the purposes referred to in resolution 706 (1991)
and the present resolution enjoy the privileges and immunities of the United
Nations,
Acting under Chapter VII of the Charter of the United Nations,
1. Confirms the figure mentioned in paragraph 1 of resolution
706 (1991) as the sum authorized for the purpose of that paragraph, and
reaffirms its intention to review this sum on the basis of its ongoing
1/
S/23006.
-
91-30826 36262 (E)
1...


57
S/22456
English
Page 5
their own eyes the consequences of the military operations launched against Iraq.
The Council has not explained to world public opinion and the conscience of mankind
what the relationship is between its resolution 678 and the deliberate destruction
of Iraq's infrastructure - generating stations, water distribution networks,
irrigation dams, civilian bridges, telephone exchanges, factories producing
powdered milk for infants and medicines, shelters, mosques, churches, commercial
centres, residential neighbourhoods, etc. Moreover, the resolution authorizes
third parties to claim compensation from Irag for damage that may have been caused
to them, even when such damage resulted from unfulfilment of their commitments to
Iraq immediately following the adoption of resolution 661.
Further evidence of the resolution's biased and iniquitous nature is that it
holds Iraq liable for environmental damage and the depletion of natural resources,
although this liability has not been established; on the other hand, it makes no
mention of Iraq's own right to obtain compensation for the established facts of
damage to its environment and depletion of its natural resources as a result of
more than 88,000 tons of explosives, or for the destruction of water distribution
networks, generating stations and the road network, which has spread disease and
epidemics and caused serious harm to the environment.
These provisions partake of a desire to exact vengeance and cause hartii, not to
give effect to the relevant provisions of international law. The direct concrete
consequences of their implementation will affect the potential and resources of
millions of Iraqis, and deprive them of the right to live in dignity.
v. After imposing compulsory and universal sanctions against Irag by
adopting resolution 661 (1990) in consequence, according to it, of Iraq's refusal
to comply with the provisions of resolution 660 (1990), the Council has maintained
most of them in force despite Iraq's acceptance of all the Council's resolutions
and the implementation of a good number of their provisions. The Council
resolution provides for the progressive lifting of sanctions over an unspecified
period, thus leaving broad discretionary authority to certain influential members
of the Council which have drawn up the Council's resolutions in an arbitrary manner
in order to impose them for political purposes which bear no relation to the
Charter or to international law.
In essence, this procedure means that the Council has contradicted the initial
resolution under which it imposed sanctions against Irag, and moreover has not
taken account of the offensive launched against Iraq, whereas the interests of the
other parties have been taken into account, despite their wealth and their
considerable resources.
VI. The Council does not deal clearly and direcīly with the question of
withdrawal of the foreign forces occupying part of Iraqi territory, although the
resolution declares a formal cease-fire.
The very conditions invoked in support of the declaration of a formal
cease-fire also necessitate the withdrawal. The fact that the withdrawal is not
explicitly mentioned is tantamount to authorizing the occupation of Iraqi territory
for a period whose duration is at the discretion of the occupying countries, which
1...


62
ANNEX I
CHEMICAL WEAPONS
Location: Muthanna State Establishment, 70 kilometers west of
Baghdad
Activity: Research and development/production/stograge [sic]
Item
Type
Quantity
1. Research and
Five sites, each with
development
five laboratories
laboratories
(destroyed)
2. Production site
One site (destroyed)
for sarin
3. Production for
One site (destroyed)
mustard gas
4. Production site
Four sites (destroyed)
for intermediary
material
5. Workshops for
Five sites (destroyed)
filling various
types of
ammunition
(artillery, mortars,
aerial bombs and
missiles)
6. Sarin
120-mm missile 6,920
7. Sarin
Saqr-30 missile 2,500 (under debris of
warhead
levelled storehouse)
8. Sarin
DE-2 aerial bomb 200 (under debris of
(aluminium)
levelled storehouse)
9. Sarin
Finished product 75 tons
(stock)
10. Tabun
Intermediate
150 tons
material only
11. Tabun
POCP3
500 tons
12. Mustard gas Finished product 280 tons
(stock)


72
S/22998
English
Page 3
paragraph 3 (ii). We should like, in this connection, to refer to the recent
reports of the inspection teams, including that of the third nuclear
inspection team contained in document GOV/INF/621 of 2 August 1991, in which
reference is made to the full cooperation provided by the Iraqi side. We
should like to ask once again: what site is there that a team has not been
permitted to enter and inspect?
4. With regard to paragraph 3 (iii), the Government of Irag took the
decision, as of 28 June 1991, to cease any movement or destruction of any
material or equipment relating to Security Council resolution 687 (1991).
With the arrival of the third nuclear inspection team, agreement was reached
by the Chief of the team and his Iraqi counterpart on the movement of certain
equipment, after it had been seen by the team, to an appropriate location so
as to facilitate future monitoring and inspection by the inspection teams.
Certain of these measures were taken under the supervision of members of the
third team, and the fourth team once again verified them. Agreement was also
reached with the Chief of the fourth team on the continued movement and
assembly of those materials and equipment that the team had seen and recorded
to the collection sites on which the two parties had agreed for the purpose of
facilitating future inspections.
5.
Paragraph 3 (iv) refers to the concomitants of an issue which has become
part of the past and which was over and done with even before the arrival of
the third nuclear inspection team in the first week of July 1991. The third
team examined all items and, together with the Iraqi side, undertook its
removal to the locations agreed on. We therefore wish to ask what items are
still outside the supervision of the inspection teams and to what were they
denied access.
We should be very grateful if you or the Special Committee would kindly
inform us about such items as are referred to in paragraph 3 (iv). Since
there were no such items, we wonder what were the grounds for including this
paragraph in the resolution.
6. With regard to paragraph 3 (v), Iraq has already given its opinion
concerning aircraft flights. Although Iraq has no objections to that in
principle, all that Iraq wishes to make clear, for its part, is that there are
issues relating to administration, communications and logistics that must be
taken into consideration in order to guarantee the safety of the aircraft and
their crews and passengers and that Irag is most concerned about that and
hopes that the issue will be resolved by agreement and cooperation with the
competent Iraqi authorities, in order to safeguard the security and safety of
all.
7. With regard to the halting of all nuclear activities of any kind, as
referred to in paragraph 3 (vi), although this goes beyond the measures set
forth in resolution 687 (1991), from the scientific and the practical
viewpoints there is no longer any nuclear activity, even in the most
elementary sense, following the comprehensive destruction of Iraqi nuclear
locations - reactors, laboratories, materials and other. This is referred to



74
C. SPECIAL COMMISSION ON DESTRUCTION OF
WEAPONS OF MASS DESTRUCTION (UNSCOM)
Inspection Missions Made by Each Team, May-December 31, 1991
NUCLEAR
Dates of Mission
Number of Mission
(UNSCOM #)
Chief Inspector;
Number in Mission
May 15-21
First Inspection
Mission (UNSCOM 1)
Demetrius Perricos; 34
inspectors & supporting
staff
June 22-July 3
Second Inspection
Mission (UNSCOM 4)
M. Zifferero (June 22-
26), David Kay (June
26-July 3); 18
inspectors & supporting
staff
July 6-19
Third Inspection
Mission (UNSCOM 5)
July 27-August 10
Fourth Inspection
Mission (UNSCOM 6)
Demetrius Perricos; 26
inspectors + 11
supporting staff
David Kay; 14
inspectors + 6
supporting staff
Leslie Thorne; 9
inspectors + 6
supporting staff
David Kay; 44
inspectors & supporting
staff
September 14-20
Fifth Inspection
Mission (UNSCOM 14)
September 21-30
Sixth Inspection
Mission (UNSCOM 16)
October 11-22
Seventh Inspection
Mission (UNSCOM 19)
Demetrius Perricos; 26
inspectors + 13
supporting staff
Demetrius Perricos; 12
inspectors + 7
supporting staff
November 11-18
Eighth Inspection
Mission (UNSCOM 22)
Sources: U.N. documents, S/23165, October 25, 1991, p. 18-19 and
S/23268, December 4, 1991; and U.N. Office of the Special Commission.