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Revised Draft of Spain-UK-US Resolution on Iraq, March 7

Draft United Nations Security Council Resolution on Iraq, originally tabled by Spain, the United Kingdom and the United States on February 24; amended text submitted by United Kingdom, March 7.

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 to 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 cooperate 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 neighbouring states,

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

Recognising the threat of 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. Reaffirms the need for full implementation of resolution 1441 (2002);

2. Calls on Iraq immediately to take the decisions necessary in the interests of its people and the region;

3. Decides that Iraq will have failed to take the final opportunity afforded by resolution 1441 (2002) unless, on or before 17 March 2003 the council concludes that Iraq has demonstrated full, unconditional, immediate and active cooperation in accordance with its disarmament obligations under resolution 1441 (2002) and previous relevant resolutions, and is yielding possession to UNMOVIC and the IAEA of all weapons, weapon delivery and support systems and structures, prohibited by resolution 687 (1991) and all subsequent relevant resolutions, and all information regarding prior destruction of such items.

4. Decides to remain seized of the matter.

Source: Full text - draft UN resolution, BBC News Online, http://news.bbc.co.uk/go/pr/fr/-/2/hi/middle_east/2831607.stm.

Note: the amended resolution - with its specific deadline for full Iraqi compliance - bears an interesting resemblance to a 'non-paper' introduced in February by the government of Canada. The 'Canadian Compromise' - attempting to bridge the gap between the US-UK-Spanish position that a resolution authorising the immediate use of force against Iraq is now appropriate, and the French-German-Russian position that no such step needs to be taken - is reproduced below. We are grateful to Douglas Scott, President of the Markland Group for the Integrity of Disarmament Treaties, for providing us with the text. Mr. Scott wishes to thank Stan Keyes, member of the Canadian Parliament, for making the text available to him.

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Canadian Non-Paper, February 2003

'Non-Paper: Ideas on Bridging the Divide', circulated at the United Nations by the Permanent Mission of Canada, February 2003.

Purpose

The following draws upon existing ideas in order to establish a defined process for a specific period of time to address the Iraq situation.

Rationale

• Council division on such a crucial issue could have serious long-term implications for the UN and for international peace and stability.
• Both sides have a point:

  An open-ended inspection process would relieve the pressure on the Iraqis to disarm;

  A truncated inspection process would leave doubt that war was a last resort.

• The focus should be put back on disarmament, on substance not on process, e.g. the disposition of the VX gas and precursors, etc.
• Iraq should be left in no doubt exactly what is demanded of them on substance, not just on process, i.e. no wiggle room.
• Hence, the need for a deadline for substantial cooperation, for example March 28, which would:

  1) be near term enough to keep the pressure on the Iraqis to disarm;

  2) nonetheless, afford sufficient time for judgements to be made whether the Iraqis were cooperating on substance and disarming and/or providing persuasive and credible evidence that weapons had already been destroyed as claimed;

• If Iraq persists in evasion, the Council retains the right to act at any point;
• If the March 28 inspection report indicates that the Iraqis have not complied, all necessary means could be used to force them to disarm.
• If Iraq cooperates, an enhanced inspection, verification and monitoring system would be implemented.

Timetable and Disarmament Requirements

• February 28

  Inspectors bring forward their "clusters" report early and present it in the Council setting out the key remaining disarmament issues/questions

  Inspectors present a prioritization with timeframes for the Council of the key substantive tasks for Iraq to accomplish, including missiles/delivery systems, chemical weapons/precursors, biological weapons/material and nuclear weapons.

• March 7

  Inspectors update the Council on Iraq cooperation on substance

• March 14

  Further update

• March 21

  Further update

• March 28

  Final report to the Council by inspectors

• March 31

  Meeting of the Council at Ministerial level:

  If the inspectors have reported substantial Iraqi compliance, a robust ongoing verification and monitoring system, including increased numbers of inspectors/monitors, investigations, etc., would be implemented;

  If inspectors have reported continued Iraqi evasion, all necessary means could be used to force them to disarm.

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© 2003 The Acronym Institute.