Disarmament Documentation

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US-UK-Spain Draft Resolution & France-Germany-Russia Memorandum on Iraq, February 24

I. Draft Resolution

Draft Resolution on Iraq, tabled by Spain, the United Kingdom and the United States at the United Nations Security Council, February 24.

The Security Council,

Recalling all its previous relevant resolutions, in particular its resolutions 661 (1990) of August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999 and 1441 (2002) of 8 November 2002, and all the relevant statements of its President,

Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,

Recalling that its resolution 1441 (2002), while deciding that Iraq has been and remains in material breach of its obligations, afforded Iraq a final opportunity to comply with its disarmament obligations under relevant resolutions,

Recalling that in its resolution 1441 (2002) the Council decided that false statements or omissions in the declaration submitted by Iraq pursuant to that resolution and failure by Iraq at any time to comply with, and co-operate fully in the implementation of, that resolution, would constitute a further material breach,

Noting, in that context, that in its resolution 1441 (2002), the Council recalled that it has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations,

Noting that Iraq has submitted a declaration pursuant to its resolution 1441 (2002) containing false statements and omissions and has failed to comply with, and cop-operate fully in the implementation of, that resolution,

Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq, Kuwait, and the neighboring States,

Mindful of its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security,

Recognizing the threat Iraq's non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security,

Determined to secure full compliance with its decisions and to restore international peace and security in the area,

Acting under Chapter VII of the Charter of the United Nations,

1: Decides that Iraq has failed to take the final opportunity afforded to it in resolution 1441 (2002);

2: Decides to remain seized of the matter.

Source: Text - Draft Resolution on Iraq Offered by US, UK, Spain, US Department of State (Washington File), February 24.

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II. Memorandum on Inspections

Memorandum entitled 'Iraq', tabled by France, Germany and the Russian Federation to the United Nations Security Council, February 24.

1. Full and effective disarmament in accordance with the relevant UNSC resolutions remains the imperative objective of the international community. Our priority should be to achieve this peacefully through the inspection regime. The military option should only be a last resort. So far, the conditions for using force against Iraq are not fulfilled:

• While suspicions remain, no evidence has been given that Iraq still possesses weapons of mass destruction or capabilities in this field;
• Inspections have just reached their full pace; they are functioning without hindrance; they have already produced results;
• While not yet fully satisfactory, Iraqi co-operation is improving, as mentioned by the chief inspectors in their last report.

2. The Security Council must step up its efforts to give a real chance to the peaceful settlement of the crisis. In this context, the following conditions are of paramount importance:

• the unity of the Security Council must be preserved;
• the pressure that is put on Iraq must be increased.

3. These conditions can be met, and our common objective - the verifiable disarmament of Iraq - can be reached through the implementation of the following proposals:

A. Clear Program of Action for the Inspections

According to resolution 1284, UNMOVIC and IAEA have to submit their program of work for approval of the Council. The presentation of this program of work should be speeded up, in particular the key remaining disarmament tasks to be completed by Iraq pursuant to its obligations to comply with the disarmament requirements of resolution 687 (1991) and other related resolutions.

The key remaining tasks shall be defined according to their degree of priority. What is required of Iraq for implementation of each task shall be clearly defined and precise.

Such a clear identification of tasks to be completed will oblige Iraq to cooperate more actively. It will also provide a clear means for the Council to assess the co-operation of Iraq.

B. Reinforced Inspections

Resolution 1441 established an intrusive and reinforced system of inspections. In this regard, all possibilities have not yet been explored. Further measures to strengthen inspections could include, as exemplified in the French non-paper [February 11] previously communicated to the chief inspectors, the following: increase and diversification of staff an expertise; establishment of mobile units designed in particular to check on trucks; completion of the new system of aerial surveillance; systematic processing of data provided by the newly established system of aerial surveillance.

C. Timelines for Inspections and Assessment

Within the framework of resolution 1284 and 1441, the implementation of the program of work shall be sequenced according to a realistic and rigorous timeline:

• the inspectors should be asked to submit the program of work outlining the key substantive tasks for Iraq to accomplish, including missiles/delivery systems, chemical weapons/precursors, biological weapons/material and nuclear weapons in the context of the report due March 1st;
• the chief inspectors shall report to the Council on implementation of the program of work on a regular basis (every 3 weeks);
• a report of UNMOVIC and IAEA assessing the progress made in completing the tasks shall be submitted by the inspectors 120 days after the adoption of the program of work according to resolution 1284;
• at any time, according to paragraph 11 of resolution 1441, the executive Chairman of UNMOVC and the Director General of the IAEA shall report immediately to the Council any interference by Iraq with inspections activities as well as failure by Iraq to comply with its disarmament obligations;
• at any time, additional meetings of the Security Council could be decided, including at high level.

To render possible a peaceful solution inspections should be given the necessary time and resources. However, they can not continue indefinitely. Iraq must disarm. Its full and active co-operation is necessary. This must include the provision of all the additional and specific information on issues raised by the inspectors as well as compliance with their requests, as expressed in particular in Mr. Blix' letter of February 21st 2003. The combination of a clear program of action, reinforced inspections, a clear timeline and the military build-up provide a realistic means to reunite the Security Council and to exert maximum pressure on Iraq.

Source: French Mission to the United Nations, http://www.un.int/france/documents_anglais/030224_cs_france_irak.htm.

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© 2003 The Acronym Institute.