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UN Security Council Resolution 1441 |
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UN Security Council Resolution 1441 |
| Middle East | peacewatch | top stories | Documents | culture | dialog | links | more links | donations |
Introduction
This resolution on Iraq calls for full cooperation with inspections and full disarmament. Inspections were stopped in 1998 after Iraq stopped cooperating with inspectors. The resolution is a compromise between the strong resolution that the US wanted, which would authorize invasion automatically upon non-compliance, and weaker French and Russian versions. The resolution was passed on a US initiative, in order to provide a multilateral framework for a contemplated attack on Iraq. The American planning did not take into consideration the eventuality that Iraq would comply with the resolution.
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United Nations S/RES/1441 (2002)
Security Council
Distr.: General
8 Nov, 2002
Resolution 1441 (2002)
The Security Council,
Reaffirming its resolutions 242 (1967) of 22
November 1967, 338 (1973) of 22 October 1973,
1397 (2002) of 12 March 2002, 1402 (2002) ,
1403 (2002) of 4 April 2002, and the Statement of its
President of 10 April 2002,
Recalling all its previous relevant resolutions, in particular its
resolutions 661 (1990) of 6 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, and 1284 (1999) of 17 December 1999, and all the relevant statements
of its President,
Recalling also its resolution 1382 (2001) of 29 November 2001 and its
intention to implement it fully,
Recognizing the threat Iraq's noncompliance with Council resolutions and
proliferation of weapons of mass destruction and long-range missiles poses to
international peace and security,
Recalling that its resolution 678 (1990) authorized Member States to use all
necessary means to uphold and implement its resolution 660 (1990) of 2 August
1990 and all relevant resolutions subsequent to Resolution 660 (1990) and to
restore international peace and security in the area,
Further recalling that its resolution 687 (1991) imposed obligations on Iraq as
a necessary step for achievement of its stated objective of restoring
international peace and security in the area,
Deploring the fact that Iraq has not provided an accurate, full, final, and
complete disclosure, as required by resolution 687 (1991), of all aspects of its
programmes to develop weapons of mass destruction and ballistic missiles with a
range greater than one hundred and fifty kilometres, and of all holdings of such
weapons, their components and production facilities and locations, as well as
all other nuclear programmes, including any which it claims are for purposes not
related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate, unconditional, and
unrestricted access to sites designated by the United Nations Special Commission
(UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate
fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required
by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and
the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international monitoring,
inspection, and verification, as required by relevant resolutions, of weapons of
mass destruction and ballistic missiles, in spite of the Council's repeated
demandsthat Iraq provide immediate, unconditional, and unrestricted access to
the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC),
established in resolution 1284 (1999) as the successor organization to UNSCOM,
and the IAEA; and regretting the consequent prolonging of the crisis in the
region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to complywith its
commitments pursuant to resolution 687 (1991) with regardto terrorism, pursuant
to resolution 688 (1991) to end repression of its civilian population and to
provide access by international humanitarian organizations to all those in need
of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and
1284(1999) to return or cooperate in accounting for Kuwaiti and third country
nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully
seized by Iraq,
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,
Determined to ensure full and immediate compliance by Iraq without conditions or
restrictions with its obligations under resolution 687 (1991) and other relevant
resolutions and recalling that the resolutions of the Council constitute the
governing standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the successor organization
to the Special Commission, and the IAEA, isessential for the implementation of
resolution 687 (1991) and other relevant resolutions,
Noting the letter dated 16 September 2002 from the Minister for Foreign Affairs
of Iraq addressed to the Secretary-General is a necessary first step toward
rectifying Iraq's continued failure to comply with relevant Council resolutions,
Noting further the letter dated 8 October 2002 from the Executive Chairman of
UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the
Government of Iraq laying out the practical arrangements, as a follow-up to
their meeting in Vienna, that are prerequisites for the resumption of
inspections in Iraq by UNMOVIC and the IAEA, and expressing the gravest concern
at the continued failure by the Government of Iraq to provide confirmation of
the arrangements as laid out in that letter,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary General and members of the League of Arab States and
its Secretary General for their efforts in this regard,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that Iraq has been and remains in material breach of its obligations
under relevant resolutions, including resolution 687 (1991), in particular
through Iraq's failure to cooperate with United Nations inspectors and the IAEA,
and to complete the actions required under paragraphs 8 to 13 of resolution
687
(1991);
2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this
resolution, a final opportunity to comply with its disarmament obligations under
relevant resolutions of the Council; and accordingly decides to set up an
enhanced inspection regime with the aim of bringing to full and verified
completion the disarmament process established by resolution 687 (1991) and
subsequent resolutions of the Council;
3. Decides that, in order to begin to comply with its disarmament obligations,
in addition to submitting the required biannual declarations, the Government of
Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later than 30 days
from the date of this resolution, a currently accurate, full, and complete
declaration of all aspects of its programmes to develop chemical, biological,
and nuclear weapons, ballistic missiles, and other delivery systems such as
unmanned aerial vehicles and dispersal systems designed for use on aircraft,
including any holdings and precise locations of such weapons, components,
sub-components, stocks of agents, and related material and equipment, the
locations and work of its research, development and production facilities, as
well as all other chemical, biological, and nuclear programmes, including any
which it claims are for purposes not related to weapon production or material;
4. Decides that false statements or omissions in the declarations submitted by
Iraq pursuant to this resolution and failure by Iraq at any time to comply with,
and cooperate fully in the implementation of, this resolution shall constitute a
further material breach of Iraq's obligations and will be reported to the
Council for assessment in accordance with paragraph 11 and 12 below;
5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded,
unconditional, and unrestricted access to any and all, including underground,
areas, facilities, buildings, equipment, records, and means of transport which
they wish to inspect, as well as immediate, unimpeded, unrestricted, and private
access to all officials and other persons whom UNMOVIC or the IAEA wish to
interview in the mode or location of UNMOVIC's orthe IAEA's choice pursuant to
any aspect of their mandates; further decides that UNMOVIC and the IAEA may at
their discretion conduct interviews inside or outside of Iraq, may facilitate
the travel of those interviewed and family members outside of Iraq, and that, at
the sole discretion of UNMOVIC and the IAEA, such interviews may occur without
the presence of observers from the Iraqi government; and instructs UNMOVIC and
requests the IAEA to resume inspections no later than 45 days following adoption
of this resolution and to update the Council 60 days thereafter;
6. Endorses the 8 October 2002 letter from the Executive Chairman of UNMOVIC and
the Director-General of the IAEA to General Al-Saadi of the Government of Iraq,
which is annexed hereto, and decides that the contents of the letter shall be
binding upon Iraq;
7. Decides further that, in view of the prolonged interruption by Iraq of the
presence of UNMOVIC and the IAEA and in order for them to accomplish the tasks
set forth in this resolution and all previous relevant resolutions and
notwithstanding prior understandings, the Council hereby establishes the
following revised or additional authorities, which shall be binding upon Iraq ,
to facilitate their work in Iraq:
-- UNMOVIC and the IAEA shall determine the composition of their inspection
teams and ensure that these teams are composed of the most qualified and
experienced experts available;
-- All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities,
corresponding to those of experts on mission, provided in the Convention on
Privileges and Immunities of the United Nations and the Agreement on the
Privileges and Immunities of the IAEA;
-- UNMOVIC and the IAEA shall have unrestricted rights of entry into and out of
Iraq, the right to free, unrestricted, and immediate movement to and from
inspection sites, and the right to inspect any sites and buildings, including
immediate, unimpeded, unconditional, and unrestricted access to Presidential
Sites equalto that at other sites, notwithstanding the provisions of resolution
1154 (1998);
-- UNMOVIC and the IAEA shall have the right to be provided by Iraq the names of
all personnel currently and formerly associated with Iraq's chemical,
biological, nuclear, and ballistic missile programmes and the associated
research, development, and production facilities;
-- Security of UNMOVIC and IAEA facilities shall be ensured by sufficient UN
security guards;
-- UNMOVIC and the IAEA shall have the right to declare, for the purposes of
freezing a site to be inspected, exclusion zones, including surrounding areas
and transit corridors, in which Iraq will suspend ground and aerial movement so
that nothing is changed in or taken out of a site being inspected;
-- UNMOVIC and the IAEA shall have the free and unrestricted use and landing of
fixed- and rotary-winged aircraft, including manned and unmanned reconnaissance
vehicles;
-- UNMOVIC and the IAEA shall have the right at their sole discretion verifiably
to remove, destroy, or render harmless all prohibited weapons, subsystems,
components, records, materials, and other related items, and the right to
impound or close any facilities or equipment for the production thereof; and
-- UNMOVIC and the IAEA shall have the right to free import and use of equipment
or materials for inspections and to seize and export any equipment, materials,
or documents taken during inspections, without search of UNMOVIC or IAEA
personnel or official or personal baggage;
8. Decides further that Iraq shall not take or threaten hostile acts directed
against any representative or personnel of the United Nations or the IAEA or of
any Member State taking action to uphold any Council resolution;
9. Requests the Secretary General immediately to notify Iraq of this resolution,
which is binding on Iraq; demands that Iraq confirm within seven days of that
notification its intention to comply fully with this resolution; and demands
further that Iraq cooperate immediately, unconditionally, and actively with
UNMOVIC and the IAEA;
10. Requests all Member States to give full support to UNMOVIC and the IAEA in
the discharge of their mandates, including by providing any information related
to prohibited programmes or other aspects of their mandates, including on Iraqi
attempts since1998 to acquire prohibited items, and by recommending sites to be
inspected, persons to be interviewed, conditions of such interviews, and data to
be collected, the results of which shall be reported to the Council by UNMOVIC
and the IAEA;
11. Directs the Executive Chairman of UNMOVIC and the Director-General of the
IAEA to report immediately to the Council any interference by Iraq with
inspection activities, as well as any failure by Iraq to comply with its
disarmament obligations, including its obligations regarding inspections under
this resolution;
12. Decides to convene immediately upon receipt of a report in accordance with
paragraphs 4 or 11 above, in order to consider the situation and the need for
full compliance with all of the relevant Council resolutions in order to secure
international peace and security;
13. Recalls, in that context, that the Council has repeatedly warned Iraq that
it will face serious consequences as a result of its continued violations of its
obligations;
14. Decides to remain seized of the matter.
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