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Disarmament DocumentationBack to Disarmament Documentation Russia calls for a new Security Council resolution on Iraq, March 23Russian Deputy Minister of Foreign Affairs Yuri Fedotov Interview with Interfax News Agency Regarding Prospects for Political Settlement in Iraq, March 23, 2004. Question: On June 30 the United States intends to declare the transfer of sovereignty to the Iraqis. How can this be formalized from the point of view of international law? Answer: The mechanism for the transfer of Iraq's sovereignty should be determined either by a new United Nations Security Council resolution or through an international conference. So far, however, the modalities of the transfer of sovereignty have not been worked out. These mechanisms were, to an extent, provided by the agreement signed last year between the Coalition Provisional Authority and Iraq's Interim Governing Council. But now many of the provisions of this agreement are losing their relevance, and other options are being discussed. The UN Secretary General on the basis of the report of the UN mission that had visited Iraq submitted his recommendations on the role of the United Nations in postwar settlement in Iraq. Now a mission led by his special representative, Lakhdar Brahimi, is again leaving for Baghdad to discuss these questions. In any case it is clear that the elections in Iraq will be held not earlier than the end of the year. And this will be in the best case. Therefore the talk is now about how to secure legitimacy for a new Iraqi government and to ensure that it has the necessary international recognition. This could be done either by the adoption of a new UN Security Council resolution or by the organization of an international conference with the participation of all the Iraqi forces with an international presence. A conference analogous to the Bonn Conference on settlement in Afghanistan, which can serve as a good example of the combination of internal and international aspects in resolving the situation in a country. Question: And will American troops remain in Iraq after June 30? As is known, high-ranking US administration officials are saying that the American military presence in that country will continue for years. Answer: From all appearances, in Iraq after the transfer to it on June 30 of sovereignty an international presence will have to be retained in order to ensure the security of the country, but under the aegis of the United Nations. That international presence in Iraq, obviously, will simply be indispensable in the present circumstances of the absence of security and of the continuing acts of sabotage and terrorism. The question is just how to ensure its legitimacy from the international law point of view. From the point of view of international law, the occupation of Iraq will cease on June 30 and, thus, the occupying power will no longer bear responsibility for the maintenance of security and order in the country. Accordingly, with the cessation of the occupation the question will arise who will ensure stability and order in the country, because the Iraqis themselves, evidently, will not be able to cope with this task in full measure. One of the possible options is the establishment of a multinational force. In this case it is necessary to clearly outline the mandate of this force and establish its accountability to the United Nations Security Council so that, as is customary in international practice, it will submit regular reports to the UN. It is also necessary to fix the timeframe for their stationing in Iraq. To put it differently, if we are talking about Iraqi settlement passing into the mainstream of international law then also in the matter of an international force it would be logical to apply the approaches which have usually acquitted themselves in other similar situations. Source: Russian Ministry for Foreign Affairs, http://www.russianembassy.org. © 2003 The Acronym Institute. |