[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.