[House Document 105-202]
[From the U.S. Government Publishing Office]
105th Congress, 2d Session - - - - - - - - - - House Document 105-202
IRAQ'S COMPLIANCE WITH U.N. SECURITY COUNCIL RESOLUTIONS
__________
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)
February 3, 1998.--Referred to the Committee on International Relations
and ordered to be printed
The White House,
Washington, November 26, 1997.
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 United Nations
Security Council (UNSC). This report covers the period from
September 23 to the present.
Since my last report, the Government of Iraq attempted to
defy the international community by unilaterally imposing
unacceptable conditions on the operations of the U.N. Special
Commission (UNSCOM). On October 29, the Iraqi government
announced its intention to expel all U.S. personnel working in
Iraq for UNSCOM. Iraq's aim appears to have been to establish
an environment under which it could restore its capacity to
develop weapons of mass destruction without restriction. For 3
weeks, the Government of Iraq refused to allow American UNSCOM
personnel to enter the country or to participate in site
inspections, expelled UNSCOM personnel who are U.S. citizens,
threatened the safety of the U.S. Air Force U-2 aircraft that
flies missions for UNSCOM, tampered with UNSCOM monitoring
equipment, removed UNSCOM cameras, moved and concealed
significant pieces of dual-use equipment, and imposed
additional unacceptable conditions on continued operations of
UNSCOM. Two confrontational actions were undertaken in an
atmosphere of strident, threatening Iraqi rhetoric, the
dispersal of Iraqi armed forces as if in preparation for a
military conflict, and the placement of innocent civilian
``human shields'' at military sites and at many of Saddam
Hussein's palaces in violation of international norms of
conduct.
On November 20, having obtained no agreement from the U.N.
or the United States to alter UNSCOM or the sanctions regime--
indeed, having obtained none of its stated objectives--the
Iraqi government announced that it would allow UNSCOM
inspectors who are U.S. citizens to return to their duties.
This encouraging development, however, will be ultimately
tested by Saddam Hussein's actions, not his words. It remains
to be seen whether the Government of Iraq will now live up to
its obligations under all applicable UNSC resolutions,
including its commitment to allow UNSCOM to perform its work
unhindered.
As expressed unanimously by the five permanent members (P-
5) of the Security Council meeting in Geneva November 20, the
will of the entire international community is for the
unconditional decision of Iraq to allow the return of UNSCOM
inspectors to Iraq in their previous composition. I must note
that the United States was not briefed on, did not endorse, and
is not bound by anything other than the terms of the P-5
statement. Neither the United States nor the U.N. are bound by
any bilateral agreement between Russia and Iraq. We will
carefully monitor events and will continue to be prepared for
any contingency.
Iraq's challenge was issued, in part, in response to U.N.
Security Council Resolution (UNSCR) 1134, of October 23, in
which the Security Council condemned Iraq's flagrant violations
of relevant Security Council resolutions and expressed its firm
intention to impose travel restrictions on the Iraqi leadership
if the long-standing pattern of obstruction and harassment of
UNSCOM personnel continued. In the debate of UNSCR 1134, not
one nation on the Security Council questioned the need to
continue sanctions. The only serious debate was over when and
how to impose additional sanctions. UNSCR 1134 was based on the
UNSCOM and the International Atomic Energy Agency (IAEA) 6-
month reports to the UNSC that indicated that the Government of
Iraq has not provided the ``substantial compliance'' called for
in UNSCR 1115 of June 21, 1997--especially regarding immediate,
unconditional and unrestricted access to facilities for
inspection and to officials for interviews.
On November 12 the resolve of the international community
was further demonstrated when the Security Council voted
unanimously to adopt UNSCR 1137--the first new sanctions
against Iraq since the Gulf War--condemning Iraq's continued
violations of its obligations and imposing restrictions on the
travel of all Iraqi officials and armed forces members
responsible for or participating in noncompliance. The UNSC in
a Presidential Statement condemned Iraq again upon the actual
expulsion of the American UNSCOM personnel. The UNSC's
solidarity was reflected as well in the UNSCOM Executive
Chairman's and IAEA Director's decisions that all UNSCOM and
IAEA personnel should depart Iraq rather than accede to the
Iraqi demand that no American participate in inspection
activities.
As a demonstration of our firm resolve to support the U.N.,
I directed the deployment of the USS GEORGE WASHINGTON, escort
ships, and additional combat aircraft to the region. In this
regard we take note of and welcome House Resolution 322
expressing the sense of the House that the United States should
act to resolve the crisis in a manner that assures full Iraqi
compliance with UNSC resolutions regarding the destruction of
Iraq's capability to produce and deliver weapons of mass
destruction. While the addition of these forces gives us a wide
range of military options, should they be necessary, we remain
firmly committed to finding a diplomatic solution.
The ongoing crisis is only one chapter in the long history
of efforts by the Iraqi regime to flout its obligations under
UNSC resolutions. Iraq has persistently failed to disclose
fully its programs for weapons of mass destruction. It admits
to moving significant pieces of dual-use equipment subject to
monitoring. Without full disclosure, UNSCOM and the IAEA cannot
effectively conduct the ongoing monitoring and verification
mandated by UNSCR's 687, 707, 715, and other relevant
resolutions.
Iraqi biological and chemical weapons are currently the
most troubling issues for UNSCOM. This is due to the innate
dual-use nature of the technology--how easily it can be hidden
within civilian industries such as, for biological agents--the
pharmaceutical industry, and for chemical agents--the pesticide
industry. In both cases, Iraq continues to prevent full and
immediate access to sites suspected of chemical or biological
warfare activities. Until 2 months ago, for example, major
aspects of Iraq's pernicious ``VX'' program (a powerful nerve
agent) were unknown to UNSCOM due to Iraqi concealment. UNSCOM
is still unable to verify that all of Iraq's SCUD missile
warheads filled with biological agents--anthrax and botulinum
toxin--have been destroyed. When UNSCOM says it is making
``significant progress'' in these areas, it is referring to
UNSCOM's progress in ferreting out Iraqi deception, not Iraqi
progress in cooperating with UNSCOM.
The Iraqi regime contends that UNSCOM and the IAEA should
``close the books'' on nuclear and missile inspections. But
there are still many uncertainties and questions that need to
be resolved. Among the many problems, Iraq has:
failed to answer critical questions on nuclear
weapons design and fabrication, procurement, and
centrifuge enrichment;
failed to detail how far the theoretical and
practical aspects of its clandestine nuclear efforts
progressed;
failed to explain in full the interaction between its
nuclear warhead and missile design programs;
failed to provide a written description of its post-
war nuclear weapons procurement program;
failed to account for major engine components,
special warheads, missing propellants, and guidance
instruments that could be used to assemble fully
operational missiles; and
failed to discuss--on the direct orders of Tariq
Aziz--its actions to retain missile launchers.
In accordance with relevant UNSCR's, UNSCOM must continue
to investigate the Iraqi nuclear and missile programs until it
can verify with absolute certainty that all the equipment has
been destroyed and that all the capabilities have been
eliminated. Otherwise, Iraq will be able to strike at any city
in the Middle East, delivering devastating biological,
chemical, and even nuclear weapons.
UNSCOM's work must include vigorous efforts to unveil
Iraq's ``Concealment Mechanism.'' Led by elements of its
special security services, Iraq has for over 6-years engaged in
a massive and elaborate campaign to keep UNSCOM inspectors from
finding proscribed equipment, documents, and possibly weapons
themselves. Over the years, inspection teams have been
prevented from doing their jobs and held--often at gunpoint--
outside suspect facilities, providing enough time for evidence
to be hidden or destroyed. To rout out Iraq's remaining weapons
of mass destruction, UNSCOM must be granted full access to all
sites, without exception.
The Iraqi regime contends that it has been forced to defy
the international community in this manner out of concern for
the well-being of the Iraqi people, claiming that malnutrition
and inadequate medical care are the direct result of
internationally imposed sanctions. To the contrary, the deep
concern of the United States and the international community
about the condition of the Iraqi people is evident in the fact
that the international sanctions against Iraq have been
carefully structured to help ensure that ordinary Iraqs need
not suffer. Since their inception, the sanctions against Iraq
have had exceptions for the importation into Iraq of foods and
medicines. In August 1991, when Iraq claimed that it was unable
to pay for its food needs, the Security Council adopted UNSCR
706 (and later 712), authorizing Iraq to sell limited amounts
of petroleum on the international market, with the proceeds to
be used to purchase humanitarian supplies, and to fund vital
U.N. activities regarding Iraq. The Government of Iraq,
however, ignored the needs of its own people, by refusing to
accept UNSCR's 706 and 712.
In April 1995 the Security Council proposed a new oil-for-
food offer to Iraq in UNSCR 986, sponsored by the United States
and others. UNSCR 986 authorized the sale of up to $1 billion
of oil every 90 days for Iraq to purchase food, medicines, and
other ``humanitarian items'' for its people. The Government of
Iraq delayed implementation of UNSCR 986 for a year and a half,
until December 1996.
Since December 1996, the Iraqi regime has continued to
obstruct the relief plan. It has reduced the food ration for
each person, even as more food was flowing into the country. In
fact, there are credible reports that as food imports under
UNSCR 986 increased, the regime reduced its regular food
purchases, potentially freeing up money for other purposes.
There are also reports that Iraq may have stockpiled food in
warehouses for use by the military and regime supporters--even
though the Iraqi people need the food now. Under UNSCR 1111--
the 6-month renewal of UNSCR 986 passed in June 1997--the
regime delayed oil sales for 2 months, even while it claimed
its people were starving. In Baghdad, the regime staged
threatening demonstrations against U.N. relief offices. Under
both UNSCR's 986 and 1111, the U.N. Sanctions Committee has had
to carefully consider each and every import contract because of
the possibility that Iraq may slip orders for dual-use items
that can be employed to make weapons into long lists of
humanitarian goods.
Since 1990--even at the height of the Gulf War--the
consistent position of the United States has been that this
dispute is with Iraq's regime, not with its people. We have
always been open to suggestions on how UNSCR's 986 and 1111 can
be improved or expanded to better serve the needs of the
people. The confrontational tactics of the Iraqi government
have not altered this position.
Sanctions against Iraq were imposed as the result of Iraq's
invasion of Kuwait. It has been necessary to sustain them
because of Iraq's failure to comply with relevant UNSC
resolutions, including those to ensure that Saddam Hussein is
not allowed to resume the unrestricted development and
production of weapons of mass destruction. Prior to the Gulf
War, Saddam had already used chemical weapons on the Iraqi
people and on Iranian troops, and he threatened to use them on
coalition forces and innocent civilians in Saudi Arabia and
Israel during the Gulf War. By restricting the amount of oil he
can sell to a level that provides for the needs of the Iraqi
people but does not allow him to pursue other, nonhumanitarian
objectives, international sanctions make it virtually
impossible for Saddam to gear up his weapons programs to full
strength.
Saddam could end the suffering of his people tomorrow if he
would cease his obstruction of the oil-for-food program and
allow it to be implemented properly. He could end sanctions
entirely if he would demonstrate peaceful intentions by
complying fully with relevant UNSC resolutions. The United
States has supported and will continue to support the sanctions
against the Iraqi regime until such time as compliance is
achieved.
Saddam Hussein remains a threat to his people, to the
region, and to the world, and the United States remains
determined to contain the threat posed by his regime. The
United States looks forward to the day when Iraq rejoins the
family of nations as a responsible and law-abiding member but
until then, containment must continue.
Regarding military operations, the United States and its
coalition partners continue to enforce the no-fly zones over
Iraq under Operation Northern Watch and Operation Southern
Watch. We have detected myriad intentional Iraqi violations of
both no-fly zones. While these incidents (Iraqi violations of
the no-fly zones) started several hours after an Iranian air
raid on terrorist bases inside Iraq, it was clear that Iraq's
purpose was to try and test the coalition to see how far it
could go in violating the ban on flights in these regions. A
maximum effort by Operation Southern Watch forces complemented
by early arrival in theater of the USS NIMITZ battle group,
dramatically reduced violations in the southern no-fly zone. An
increase in the number of support aircraft participating in
Northern Watch allowed increased operating capacity that in
turn significantly reduced the number of violations in the
north. We have repeatedly made clear to the Government of Iraq
and to all other relevant parties that the United States and
its partners will continue to enforce both no-fly zones, and
that we reserve the right to respond appropriately and
decisively to any Iraqi provocations.
United States force levels include land- and carrier-based
aircraft, surface warships, a Marine amphibious task force, a
Patriot missile battalion, a mechanized battalion task force,
and a mix of special operations forces deployed in support of
USCINCCENT operations. To enhance force protection throughout
the region, additional military security personnel have been
deployed for continuous rotation. USCINCCENT continues to
monitor closely the security situation in the region to ensure
adequate force protection is provided for all deployed forces.
United Nations Security Council Resolution 9491 adopted in
October 1994, demands that Iraq not use its military or any
other forces to threaten its neighbors or U.N. operations in
Iraq and that it not redeploy troops or enhance its military
capacity in southern Iraq. In view of Saddam's accumulating
record of unreliability, it is prudent to retain a significant
U.S. force presence in the region in order to deter Iraq and
maintain the capability to respond rapidly to possible Iraqi
aggressions or threats against its neighbors.
Implementation of UNSCR 1051 continues. It provides for a
mechanism to monitor Iraq's efforts to reacquire proscribed
weapons capabilities by requiring Iraq to notify a joint unit
of UNSCOM and the IAEA in advance of any imports of dual-use
items. Similarly, U.N. members must provide timely notification
of exports to Iraq of dual-use items.
The human rights situation throughout Iraq remains
unchanged. Iraq's repression of its Shi'a population continues,
with policies that are destroying the Marsh Arabs' way of life
in southern Iraq and the ecology of the southern marshes. The
United Nations, in its most recent reports on implementation of
Resolution 986, recognized that the Government of Iraq
continues forcibly to deport Iraqi citizens from Kirkuk and
other areas of northern Iraq still under the Iraqi government's
control. 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 of Kuwait. The
Government of Iraq shows no signs of complying with UNSC
Resolution 688, which demands that Iraq cease the repression of
its own people. The U.N. Human Rights Commission's special
rapporteur on Iraq reported to the General Assembly of his
particular concern that extrajudicial, summary or arbitrary
executions and the practice of torture continue to occur in
Iraq.
The INDICT campaign continues to gain momentum. Led by
various independent Iraqi opposition groups and nongovernmental
organizations, this effort seeks to document crimes against
humanity and other violations of international humanitarian law
committed by the Iraqi regime. We applaud the tenacity of the
Iraqi opposition in the face of one of the most repressive
regimes in history. We also take note of and welcome H. Con.
Res. 137 of November 12, expressing the sense of the House of
Representatives concerning the need for an international
criminal tribunal to try members of the Iraqi regime for war
crimes and crimes against humanity.
Regarding northern Iraq, our efforts to help resolve the
differences between Massoud Barzani, leader of the Kurdistan
Democratic Party (KDP) and Jalal Talabani, leader of the
Patriotic Union of Kurdistan (PUK) have not yet yielded the
type of permanent, stable settlement that the people of
northern Iraq deserve. The Peace Monitoring Force--sponsored by
the United States, Great Britain, and Turkey under the Ankara
Process and comprising Iraqi Turkomans and Assyrians--was
forced to withdraw from the agreed cease-fire line between the
two groups, when PUK forces, joined by the terrorist Kurdish
Workers Party (PKK) launched a wide-scale attack on the KDP
onOctober 13. The KDP, supported by airstrikes and ground elements of
the Turkish army, launched a counterattack on November 8. We have
helped to arrange a number of temporary cease-fires and to restore
humanitarian services in the course of this fighting, but the
underlying causes for conflict remain. We will continue our efforts to
reach a permanent settlement through mediation in order to minimize
opportunities for Baghdad and/or Tehran to insert themselves into the
conflict and threaten Iraqi citizens in this region.
The Multinational Interception Force (MIF) continues its
important mission in the Arabian Gulf. The U.S. Navy provides
the bulk of the forces involved in the maritime sanctions
enforcement authorized under Resolution 665, although we
receive much-needed help from a number of close allies,
including during the past year: Belgium, Canada, The
Netherlands, New Zealand, and the United Kingdom.
Illegal smuggling of Iraqi gasoil from the Shatt Al Arab
waterway in violation of Resolution 661 has doubled since May
of this year--reaching an estimated 180,000 metric tons per
month--and continues to increase. The smugglers use the
territorial waters of Iran with the complicity of the Iranian
government that profits from charging protection fees for these
vessels to avoid interception by the MIF in international
waters. Cash raised from these illegal operations is used to
purchase contraband goods that are then smuggled back into Iraq
by the same route. We continue to brief the U.N. Sanctions
Committee regarding these operations and have pressed the
Committee to compel Iran to give full accounting of its
involvement. We have also worked closely with our MIF partners
and Gulf Cooperation Council states to take measures to curb
sanctions-breaking operations.
The United Nations Compensation Commission (UNCC),
established pursuant to UNSCR 687 and 692, continues to resolve
claims against Iraq arising from Iraq's unlawful invasion and
occupation of Kuwait. The UNCC has issued almost 1.3 million
awards worth approximately $6 billion. Thirty percent of the
proceeds from the oil sales permitted by UNSCR's 986 and 1111
have been allocated to the Compensation Fund to pay awards and
to finance operations of the UNCC, and these proceeds will
continue to be allocated to the Fund under UNSCR 1111. To the
extent that money is available in the Compensation Fund,
initial payments to each claimant are authorized for awards in
the order in which the UNCC has approved them, in installments
of $2,500. To date, 455 U.S. claimants have received an initial
installment payment, and payment is in process for an
additional 487 U.S. claimants.
Iraq remains a serious threat to international peace and
security. I remain determined to see Iraq comply fully with all
of its obligations under U.N. Security Council resolutions. My
Administration will continue to sustain and strengthen
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.