[House Document 104-259]
[From the U.S. Government Publishing Office]




104th Congress, 2d Session - - - - - - - - - - House Document 104-259


 
                            STATUS ON IRAQ

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

A REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ'S COMPLIANCE WITH THE 
 RESOLUTIONS ADOPTED BY THE U.N. SECURITY COUNCIL, PURSUANT TO PUB. L. 
                      102-1, SEC. 3 (105 STAT. 4)




    September 5, 1996.--Referred to the Committee on International 
                  Relations and ordered to be printed.


                                           The White House,
                                     Washington, September 5, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with the Authorization for Use 
of Military Force Against Iraq Resolution (Public Law 102-1) 
and as part of my effort to keep the Congress fully informed, I 
am reporting on the status of efforts to obtain Iraq's 
compliance with the resolutions adopted by the U.N. Security 
Council.
    This report begins with a brief account of the Iraqi attack 
and seizure of the Kurdish-controlled city of Irbil in northern 
Iraq by Iraqi forces on August 31, and the United States 
response through September 4.
    Saddam Hussein's latest actions in launching a large 
military action in northern Iraq provide fresh evidence that he 
is ready at any time to use force aggressively to achieve his 
ends and is a threat to his own people, to his neighbors, and 
to the peace of the region. Our intelligence disclosed an Iraqi 
military buildup underway near Irbil several weeks ago. On 
August 28, we warned Iraq not to use military force; Iraq 
ignored the warning, and, using a force of about 40,000 troops, 
many tanks, and hundreds of artillery pieces, quickly defeated 
the few thousand defenders in Irbil. As of September 4, Iraqi 
forces remain in control of Irbil; they have pulled their 
mechanized forces out, leaving behind security forces and a 
limited military presence. Iraq has previously threatened and 
continued to maintain the capability to launch no-notice 
attacks against other Kurdish-populated cities, two of which 
were subjected to shelling during the assault on Irbil.
    Our response demonstrates to Saddam Hussein that he must 
cease all actions that threaten international peace and 
security. Our response has been directly targeted at the threat 
posed by Saddam's use of force:
  --First, we have extended the no-fly zone in southern Iraq 
        from 32 degrees to 33 degrees north latitude, a 
        distance of 60 miles. This will deny Saddam control of 
        Iraqi airspace from the Kuwaiti border to the southern 
        suburbs of Baghdad and significantly restrict Iraq's 
        ability to conduct offensive operations in the region, 
        thus further reducing the threat he poses to his own 
        people, his neighbors, and the international community 
        generally. The no-fly zones were originally established 
        pursuant to and in support of United Nations Security 
        Council Resolutions (UNSCR) 678, 687, and 688, the 
        latter of which condemned Iraq's repression of its 
        civilian population, including its Kurdish population, 
        as a threat to international peace and security in the 
        region. Expanding the no-fly zone was a reasonable 
        response to the enhanced threat posed by Iraq.
  --Second, on September 3 and 4 we conducted strikes against 
        fixed, surface-to-air missile sites, command and 
        control centers, and air defense control facilities 
        south of the 33rd parallel in Iraq. This area contains 
        a major military training base, as well as two major 
        air bases. These strikes were conducted using cruise 
        missiles, both the Tomahawk cruise missile from the USS 
        Carl Vinson Battle Group, which is located in the 
        Persian Gulf, and conventional air launch cruise 
        missiles from B-52Hs. This military action was pursuant 
        to my constitutional authority with respect to the 
        conduct of foreign relations and as Commander in Chief, 
        and was consonant with Public Law 102-1, and section 
        1096 of the Defense Authorization Act for Fiscal Years 
        1992 and 1993 in which the Congress expressed its 
        support of the use of all necessary means to achieve 
        the goals of UNSCR 688, and will help ensure the safety 
        of our forces enforcing the expanded no-fly zone. We 
        will continue to monitor Iraqi actions carefully, and, 
        if necessary, we will take further appropriate actions 
        to deal with the threat posed by Iraq.
  --Third, we have endorsed a halt to the implementation of 
        UNSCR 986, which allows Iraq to sell certain amounts of 
        oil to purchase food, medicine and other essential 
        humanitarian goods for its people, including the Kurds. 
        Irbil, the city seized by the Iraqis, is a critical 
        distribution center for this aid. Until we are sure 
        that these humanitarian supplies can actually get to 
        those who need them, the implementation of UNSCR 986 
        cannot go forward.
    In addition to its recent military attacks in northern 
Iraq, the Government of Iraq had, since my last report dated 
July 8, continued to flout its obligations under a number of 
Security Council resolutions in other ways. The terms of the 
Gulf War cease-fire with Iraq--outlined in UNSCR 687--require 
Iraq to grant the United Nations Special Commission on Iraq 
(UNSCOM) inspectors immediate, unconditional, and unrestricted 
access to any location in Iraq they wish to examine, and access 
to any Iraqi officials whom they wish to interview so that 
UNSCOM may fully discharge its mandate. Since my last report, 
however, Iraq continues to deny access to U.N. weapons 
inspectors to certain Iraqi government facilities. On July 16 
and 18, investigators from UNSCOM were not permitted to enter a 
site where they believe Iraq may be hiding information on its 
weapons of mass destruction (WMD) programs.
    On August 23, the Security Council adopted a formal 
statement in support of UNSCOM's mission in Iraq and cited 
Iraq's behavior as a gross violation of its international 
obligations. As long as Saddam refuses to cooperate fully with 
U.N. weapons inspectors, UNSCOM will be impeded in its efforts 
to fulfill its mandate to ensure that Iraq's WMD program has 
been eliminated. We will continue to fully support the mandate 
and the efforts of the Special Commission to obtain Iraqi 
compliance with relevant U.N. resolutions. We will not consider 
any modification of sanctions until Iraq is in compliance with 
all of its obligations to the Security Council.
    Iraq remains out of compliance with numerous other 
requirements of the Security Council. Iraq continues to stall 
and obfuscate rather than work in good faith toward accounting 
for the hundreds of Kuwaitis and third-country nationals who 
disappeared at the hands of Iraqi authorities during the 
occupation. Iraq refuses to return all of the Kuwaiti military 
equipment stolen during the occupation, as well as priceless 
Kuwaiti cultural and historical artifacts looted on 
instructions from Baghdad. Additionally, Iraq continues to 
provide refuge for known terrorists.
    Saddam Hussein's unwillingness to comply with the norms of 
international behavior extends to his regime's continuing 
threat to Iraqi citizens throughout the country. We and our 
coalition partners continue to enforce the no-fly zones over 
northern and southern Iraq as part of our efforts to deter 
Iraq's use of aircraft against its population. Since my last 
report, we had already deployed approximately 2,000 military 
personnel to the U.S. Central Command area of responsibility to 
enhance the security of U.S. personnel throughout the region 
prior to the most recent developments in response to Saddam's 
new incursions in the north. On July 30, Turkey renewed the 
mandate for Operation Provide Comfort through the end of the 
year.
    Iraq's repression of its Shi'a population continues with 
policies aimed at destroying the Marsh Arabs' way of life in 
southern Iraq as well as the ecology of the southern marshes. 
The human rights situation throughout Iraq remains unchanged. 
Saddam Hussein shows no signs of complying with UNSCR 688, 
which demands that Iraq cease the repression of its own people.
    The United States, together with international and 
humanitarian relief organizations, continues to provide 
humanitarian assistance to the people of northern Iraq. 
Security conditions in northern Iraq remain tenuous at best, 
with Iranian and PKK (Kurdistan Workers Party) activity adding 
to the ever-present threat from Baghdad. We see no role for 
Iran in the area, and continue to advise all concerned not to 
involve themselves with Tehran.
    On May 20, Iraq and the United Nations signed a Memorandum 
of Understanding setting forth the terms for the implementation 
of UNSCR 986, which among other things, will permit Iraq to 
sell $2 billion of oil to purchase food, medicine, and other 
materials and supplies for essential civilian needs. The United 
States has long supported implementation of UNSCR 986 to 
provide the Iraqi people the relief that Saddam refused to 
provide. We are working closely with the United Nations and 
others to see the resolution implemented as the Council 
intended: as a mechanism to bring relief to suffering Iraqis, 
while denying benefits to Saddam and his associates. However, 
as noted above, Iraq's recent actions have led to a freeze on 
implementation of UNSCR 986 until we can be sure those 
humanitarian supplies can actually get to those who need them.
    In October 1994, the U.N. Security Council adopted 
Resolution 949, which demanded that Iraq not threaten its 
neighbors or U.N. operations in Iraq and that it not redeploy 
or enhance its military capacity in southern Iraq. In view of 
Saddam Hussein's proven record of unreliability, it is prudent 
to retain a significant U.S. force presence in the region in 
order to maintain the capability to respond rapidly to possible 
Iraqi aggression or threats against its neighbors. Throughout 
this period, an air expeditionary force has been deployed to 
the region.
    The Multinational Interception Force (MIF) continues to 
provide a strong deterrent to Iraqi attempts to illegally 
export petroleum and other products from their ports on the 
Arabian Gulf. Since my last report, several cargo ships 
conducting illegal trade with Iraq have been diverted, denying 
Saddam Hussein the money and material this trade would 
otherwise bring. Over the summer months the MIF has diverted or 
turned away dozens of cargo vessels attempting to bring cargo 
into Iraq in violation of UNSCR 661.
    All of the states of the Gulf Cooperation Council (GCC) 
have now accepted diverted vessels and have enforced the U.N. 
sanctions regime. Once vessels have been turned over, oil and 
agricultural product cargoes have been seized and sold and the 
proceeds deposited in the U.N. escrow account.
    We are also expanding our efforts to force the deflagging 
of vessels involved in sanctions violations. In the past 
several months Honduras, Belize, St. Vincent and the 
Grenadines, India, Panama, and the United Arab Emirates have 
either deflagged or initiated proceedings against vessels 
involved in sanctions violations. This procedure will deny 
operators attempting to violate sanctions the means to 
accomplish their illegal actions.
    We continue to archive significant foreign policy 
objectives by maintaining multinational participation in MIF. 
In recent months, we have received commitments or proposals for 
participation from New Zealand, Belgium, The Netherlands, 
Canada, the United Kingdom, and Australia. These efforts 
underscore our leadership in achieving international 
cooperation in enforcing sanctions, and they go far to ease the 
burden of these operations on our own Navy.
    Should UNSCR 986 be implemented, the workload of the MIF 
will increase significantly. We have revised our Notice to 
Mariners, which governs the maritime regime in the Gulf, to 
emphasize the strict observance of authorized trade with Iraq. 
Our objective is to ensure that appropriate humanitarian 
supplies reach the needy in Iraq while denying profit or an 
increase in capability to Saddam Hussein's regime.
    Our policy with respect to sanctions enforcement remains 
firm: sanctions continue to send a clear message to the 
Government of Iraq and those who would defy U.N. resolutions 
for profit, that there will be no lifting of sanctions until 
Iraq has fully established its peaceful intentions by complying 
with all relevant U.N. Security Council resolutions.
    The United Nations Compensation Commission (UNCC), 
established pursuant to UNSCR 687, continues to resolve claims 
against Iraq arising from Iraq's unlawful invasion and 
occupation of Kuwait. Currently, the UNCC has issued over 
900,000 awards worth approximately $3.7 billion. The UNCC has 
been able to authorize only limited payments for fixed awards 
for serious personal injury or death, as Iraq is not in 
compliance with all relevant U.N. Security Council resolutions, 
and U.N. sanctions remain in force. However, under UNSCR 986, 
if Iraq sells the full amount of oil initially authorized $600 
million in revenue will go to the Compensation Fund, based on 
the requirement that 30 percent of oil sales proceeds be 
transferred into the fund. Because the UNCC has issued just 
over $3 billion in awards, funds generated by this sale of oil 
will be sufficient to pay only a portion of the claims issued 
to date.
    To conclude, Iraq remains a serious threat to regional 
peace and stability. I remain determined to see Iraq comply 
fully with all of its obligations under U.N. Security Council 
resolutions. My Administration will continue to oppose any 
relaxation of sanctions until Iraq demonstrates its peaceful 
intentions through such compliance.
    I appreciate the support of the Congress for our efforts 
and shall continue to keep the Congress informed about this 
important issue.
            Sincerely,
                                                William J. Clinton.

                                
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