[House Document 108-23]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - - House Document
108-23
REPORT ON MATTERS RELEVANT TO THE AUTHORIZATION FOR USE OF MILITARY
FORCE AGAINST IRAQ RESOLUTION OF 2002
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON MATTERS RELEVANT TO THE AUTHORIZATION FOR USE OF MILITARY
FORCE AGAINST IRAQ RESOLUTION OF 2002, PUBLIC LAW 107-243
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 28, 2003.--Referred to the Committee on International Relations
and ordered to be printed
The White House,
Washington, January 20, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the Authorization for Use of
Military Force Against Iraq Resolution of 2002 (Public Law 107-
243) and as part of my effort to keep the Congress fully
informed, I am providing a report prepared by my Administration
on matters relevant to that Resolution including on the status
of efforts to obtain Iraq's compliance with the resolutions
adopted by the United Nations Security Council. Information
required by section 3 of the Authorization for Use of Military
Force Against Iraq Resolution (Public Law 102-1) is and will be
included in this and subsequent reports.
Sincerely,
George W. Bush.
Report to Congress on Matters Relevant to the Authorization for Use of
Military Force Against Iraq Resolution of 2002
SCOPE
This report is made pursuant to the Authorization for the
Use of Military Force Against Iraq Resolution of 2002 (Public
Law 107-243). It reports on matters relevant to that Resolution
including on the status of efforts to obtain Iraq's compliance
with the resolutions adopted by the United Nations Security
Council. Information required by section 3 of the Authorization
for Use of Military Force Against Iraq Resolution (Public Law
102-1) is included in this report. The report covers events up
to December 15, 2002.
OVERVIEW
As long as Saddam Hussein remains remains in power and in
defiance of United Nations Security Council (UNSC) resolutions,
he threatens the well-being of the Iraqi people, the peace and
security of the region, and vital U.S. interests. Before the
United Nations General Assembly on September 12, the President
challenged the U.N. to address Iraq's systematic violations of
UNSC resolutions and to compel Iraq's disarmament of weapons of
mass destruction (WMD).
In response to the President's address, on November 8, the
UNSC unanimously adopted Resolution 1441, which declares that
``Iraq has been and remains in materials breach of its
obligations under relevant resolutions,'' sets up ``an enhanced
inspection regime with the aim of bringing to full and verified
completion the disarmament process,'' affords Iraq a ``final
opportunity to comply with its disarmament obligations,'' and
recalls that the UNSC has repeatedly ``warned Iraq that it will
face serious consequences as a result of its continued
violations of its obligations.''
Under UNSCR 1441, weapons inspections resumed in Iraq on
November 27, the first inspections since 1998, when Iraqi
noncompliance made it impossible for them to carry out their
duties. If is not, however, the United Nations' burden to prove
Iraq's non-compliance. On the contrary, the burden is on Iraq
to provide verifiable evidence of its disarmament as required
by numerous UNSC resolutions. As UNMOVIC Executive Director
Hans Blix has said, ``I have consistently taken the view that
Iraq must either present existing proscribed items and
programmes for elimination or provide credible evidence that
they have been eliminated. It is not enough just to open doors
to inspectors.'' Thus, the United Nations Monitoring
Verification and Inspection Commission (UNMOVIC) and the
International Atomic Energy Agency's (IAEA) Iraq Action Team
cannot fulfill their disarmament mission unless Iraq cooperates
fully and immediately by bringing forward verifiable evidence
of disarmament.
While we hope that Iraq will comply with UNSC resolutions
requiring WMD disarmament, we are prepared, if necessary to
lead a coalition to use force to ride Iraq of its WMD
capabilities. In order to allow the President to retain as much
flexibility as possible in dealing with this situation, we are
continuing to build up our forces in the region.
We continue to support the Iraqi opposition as part of our
program to back transition to a more representative government
in Iraq. As part of that effort, the Iraqi National Congress
(INC) and other groups continue to be funded for a variety of
activities by the State Department, and continue to receive
training under the drawdown authority of the Iraq Liberation
Act (ILA).
We continue to help maintain No-Fly Zones over northern and
southern Iraq to uphold vital UNSC resolutions and to ensure
the safety of Iraq's persecuted ethnic and religious groups and
Iraq's neighbors.
Ambassador Yuli Vorontsov, the Secretary General's high-
level coordinator for Kuwait issues, presented his periodic
report on Kuwaiti and third-country national prisoners and
stolen Kuwaiti property in December. This report demonstrates
Iraq's continuing failure to comply fully with its obligations
under relevant UNSC resolutions. The Iraqi Government, in a
departure from its standard practice of denying Ambassador
Vorontsov entry to the country, has invited him to Baghdad in
January for consultations.
The Iraqi regime continues to undermine the Oil for Food
(OFF) program, which the Security Council designed to provide
for the humanitarian needs of the Iraqi people and to keep
Iraq's oil revenues out of Saddam Hussein's control. Baghdad
smuggles large amounts of oil outside theprogram in order to
obtain unregulated funds to support WMD programs, rebuild its military,
reward regime supporters, and maintain Iraq's extensive security
apparatus. The Iraqi regime has also on occasion ceased oil sales under
the program and has repeatedly demanded illegal surcharges from oil
lifters. The United States, with the United Kingdom, has been
responsible for the institution of a retroactive pricing policy that
has effectively curtailed Baghdad's ability to demand a surcharge, and
maintains a naval presence in the Gulf to interdict oil smugglers (see
below).
UNMOVIC/IAEA: Weapons of Mass Destruction
Iraq's continued defiance of the international community's
will, as demonstrated by its failure to comply with relevant
UNSC resolutions, caused a four-year absence of weapons
inspectors and no progress in addressing Iraq's outstanding
disarmament obligations. Iraq remains in violation of its
obligations to end its programs to develop WMD and ballistic
missiles with ranges exceeding 150 kilometers. Since 1998, Iraq
has maintained its chemical weapons effort, energized its
missile program, and invested more heavily in biological
weapons; most analysts assess that Iraq is reconstituting its
nuclear weapons program.
Following President Bush's address to the U.N. General
Assembly and the unanimous passage of UNSC Resolution 1441,
Iraq accepted the return of U.N. weapons inspectors, who
resumed their work in Iraq on November 27. We continue to
consult regularly with UNMOVIC's Dr. Hans Blix and IAEA's Dr.
Mohamed Al Baradei, and Mr. Jacques Baute and their staffs to
provide the best support possible. The President and other high
officials have met with UNMOVIC and IAEA leadership and we
maintain working-level and higher-level contacts. Both UNMOVIC
and the IAEA reaffirmed their requests for United States
Government assistance, particularly technical, logistical, and
information support.
At the President's direction, we are actively providing
intelligence, technical, and personnel and training support.
Intelligence support has included briefings on Iraq's WMD
programs, inspection concepts and strategies,
counterintelligence information, and meeting specific requests
from inspectors, such as the provision of maps. Technical
support has included offers of aerial surveillance, lab
equipment and services, sampling equipment, and communications
equipment. We have offered training to the inspectors as well
as suggested candidates for hire and provided others for
temporary duty.
So far, however, there are no signs that the regime has
taken the decision to make a strategic shift in its approach
and to give up its WMD. Indeed, there are many troubling and
serious signs that it has no intention to disarm at all.
The first day inspections resumed, air raid sirens sounded
in Baghdad, apparently to warn that the inspectors had begun
their work. Indeed, the first inspection was delayed by the
actions of an Iraqi ``minder.''
Even more serious is Iraq's response to UNSCR 1441's
requirement that Iraq make a ``currently accurate, full, and
complete'' declaration of its weapons of mass destruction
activities. Iraq's declaration was incomplete and inaccurate.
The December 7, 2002 declaration was padded with reams of
extraneous material, but failed to address scores of questions
pending since 1998. It seeks to deceive when it says that Iraq
has no ongoing WMD programs. Illustrative examples--but not a
complete list--of Iraq's omissions identified as issues by
UNSCOM include: 550 artillery munitions filled with mustard
agent; 400 R-400 aerial bombs capable of delivering biological
agent; tons of unaccounted for chemical weapons precursors;
30,000 empty chemical munitions; tens of thousands of liters of
unaccounted biological agents.
The report also failed to deal with issues which have
arisen since 1998, including: mobile biological weapons
laboratories; missiles and associated facilities which violate
the U.N.-mandated 150km range limit; unmanned aerial vehicle
programs associated with WMD; and attempts to acquire uranium
and the means to enrich it.
In short, we have not seen anything that indicates that the
Iraqi regime has made a strategic decision to disarm. On the
contrary, we believe that Iraq is actively working to disrupt,
deny, and defeat inspection efforts.
Given the false Iraqi declaration, the inspectors should
focus their efforts on auditing the gaps and inaccuracies of
the Iraqi declaration using all the tools at theirdisposal
including: the right to ``immediate, unimpeded, unrestricted, and
private access to all officials or other persons * * * inside or
outside Iraq;'' the right to ``free and unrestricted use'' of aerial
reconnaissance vehicles; and the right to ``immediate, unimpeded,
unconditional, and unrestricted access'' to any and all buildings,
equipment, and records.
The United States stands ready to support the inspectors in
this effort.
U.S. and Coalition Force Levels in the Gulf Region
Saddam Hussein's record of aggressive behavior necessitates
the continued deployment of an increasingly capable force in
the region in order to deter Baghdad and respond to its
reconstitution of its WMD programs, respond to any movement
against the Kurds in northern Iraq or the Shia in southern
Iraq, and respond to any threat it might pose to its neighbors.
We are continuing to build up our forces in the region to
support our diplomatic effort to convince the Iraqi regime to
disarm voluntarily and to ensure that the President has as much
flexibility as possible in the event that Iraq must be disarmed
by force.
While we hope that Iraq will comply voluntarily with UNSC
resolutions concerning WMD disarmament, we are prepared, if
necessary, to lead a ``coalition of the willing'' to use force
to rid Iraq of its WMD capabilities. In this regard, we have
received offers of support from many other nations, to include
military assistance both during and after a possible conflict,
as well as humanitarian and economic aid in helping to rebuild
Iraq.
The Iraqi Opposition
We continue to support the Iraqi opposition, helping Iraqis
inside and outside Iraq to become a more effective voice for
the Iraqi people, and working to build support for the forces
of change inside the country. They are working toward the day
when Iraq has a government worthy of its people--a government
prepared to live in peace with its people and its neighbors.
The Iraqi opposition held a broad-based conference in
London from December 14 to 17, 2002. The Administration was in
close touch with a wide range of opposition groups as planning
for this event moved forward, and during the conference itself.
Over 340 Iraqi delegates attended and included representatives
of almost all major Iraqi opposition groups. The conference
produced a political statement and a statement on the post-
Saddam transition period, and formed a 65-member Advisory
Committee that plans to hold its initial meeting in early 2003.
In November, the INC signed a new grant agreement with the
Department of State that will fund INC headquarters operations
and satellite offices in Tehran, Prague and Damascus, increase
funding for the INC's satellite television broadcasting into
Iraq, increase funding for the production and distribution of
the INC's newspaper, plan for the delivery of humanitarian
relief to Iraqis in need, cover June and July expenses for the
INC's Information Collection Program, and manage assistance
provided to the INC under the ILA. The grant will cover INC
expenses from June 2002 to January 2003.
The President has directed the drawdown of the remaining
$92 million available in assistance under the ILA. In addition,
the United States has designated six new opposition groups as
authorized recipients of drawdown assistance under the ILA, and
removed one opposition party from the list.
Future of Iraq
Should it become necessary for the United States and
coalition armed forces to take military action against Iraq,
the United States, together with its coalition partners, will
play a role in helping to meet the humanitarian,
reconstruction, and administrative challenges facing the
country in the immediate aftermath of a conflict. We will also
be responsible for securing the elimination of WMD capabilities
and stockpiles. We will work to transfer authority as soon as
practical to the Iraqis themselves, initially in an advisory
role, and to maximize the contributions of Non-Governmental
Organizations, international organizations, and other members
of the international community to these activities, as
appropriate. The U.S. is fully committed to stay as long as
necessary to fulfill these responsibilities, but is equally
committed to leave as soon as the Iraqi people are in a
position to carry out these responsibilities themselves.
Should there be a conflict with Iraq, there is a potential
for adverse humanitarian consequences. The nature and
significance of such consequences depend in large measure on
the conduct of the Iraqi regime, which has in the past attacked
its own people with chemical weapons. The United States is now
engaging in contingency planning for humanitarian operations
involving USAID, the Department of State, and numerous other
United States Government agencies to assist those driven from
their homes and to minimize disruption and damage to existing
humanitarian infrastructure.
In an immediate post-conflict environment, the United
States, with its coalition partners, would seek to help the
Iraqi people to begin the reconstruction of their country. We
are planning for this reconstruction to begin as quickly as
possible, and to demonstrate to the Iraqi people an immediate
improvement in their lives and the promise of a brighter post-
Saddam future.
In addition, we have formed a ``Future of Iraq'' project,
which helps expatriate Iraqis address post-regime change issues
such as transitional justice, public health, democratic
principles, public finance, education, environment and water,
and the role of the military, free press, and civil society in
a democratic Iraq. This program has made considerable progress,
establishing several working groups to address these issues and
many others. These working groups utilize the talents and
experience of Iraqis living throughout the world and engaged in
many fields of endeavor who wish to contribute to the
restoration of the country in which they were born.
The United States is committed to working with the
international community and Iraqis dedicated to building a
broad-based, democratically-oriented government that respects
the rights of its people, regardless of gender, ethnicity or
religion, and which is committed to ensuring Iraq becomes a
country at peace within itself, seeking peace with its
neighbors, and respectful of its international
responsibilities.
Operation NORTHERN WATCH and Operation SOUTHERN WATCH
Aircraft of the United States and coalition partners
patrolling the No-Fly Zones over Iraq under Operations NORTHERN
WATCH and SOUTHERN WATCH are routinely tracked by Iraqi radar,
fired upon by anti-aircraft artillery, and attacked with
surface-to-air missiles. Hostile Iraqi actions against United
States and United Kingdom aircraft continued after November 8
despite the passage of UNSC resolution 1441. Our aircrews will
continue to respond in self-defense to threats against and
attacks on our aircraft patrolling the No-Fly Zones. If Iraq
were to cease its attacks on and threats to coalition aircraft,
there would be no need for responses in self-defense by
coalition forces.
Maritime Intercept Operations
The U.S.-led maritime Multinational Interception Force
(MIF) continues to enforce U.N. sanctions in the Gulf. The
United States continues to approach potential participants in
the MIF to augment current partners. Canadian, Australian, and
British forces are currently operating with U.S. forces.
In large part, member states of the Gulf Cooperation
Council (GCC) continue to support the MIF. The United Arab
Emirates and Kuwait accept the vast majority of vessels
diverted for violating U.N. sanctions against Iraq. Kuwait has
also increased its ability to offload smuggled oil from
smuggling vessels by contracting a bunkering tanker, further
indicative of its continued support. Oman accepts the
infrequent vessels diverted off its coasts. Other GCC nations
are more hesitant to accept diverted vessels, but all provide
support in some form to the enforcement of UNSC resolutions
against Iraq.
Monthly totals of smuggled petroleum products through the
Gulf are declining. Indicative of this fact is the dramatic
decrease in the amount of illegal oil loaded in Khawr az Zubayr
onto smuggling vessels. Overall, loading in 2002 when compared
to 2001 was down 55 percent. This significant downward trend
indicates a declining willingness of smugglers to invest in
this trade and represents a critical measure of MIF
effectiveness.
The MIF continues to serve as a critical deterrent to the
smuggling of prohibited items and products into and out of
Iraq. We will continue to reassess the adequacy of MIF force
levels as conditions develop.
Dual-Use Items
On May 14, 2002, the UNSC voted unanimously to adopt a new
export control system on Iraq. Resolution 1409, and the ``Goods
Review List'' (GRL) it establishes, are the centerpiece of the
U.N. effort to revise U.N. sanctions against Iraq. The
resolution has two critical elements: (1) It makes clear that
there is no change in the prohibition on providing to Iraq
weapons or the means to produce them, and clearly restates that
Iraq has not met its obligations and must not be allowed to
rearm; and (2) It effectively lifts U.N. controls on purely
civilian goods, and focuses U.N. controls on items Iraq could
use to rearm. UNMOVIC and the IAEA, the two U.N. inspection
bodies already assigned to monitor Iraq, use the GRL to examine
proposed exports to Iraq. They examine all purchase contracts
to see if they contain GRL items, and advise the U.N. Office of
Iraq Programs (OIP) accordingly. UNMOVIC and the IAEA have the
authority to approve all non-GRL items, and forward to the U.N.
Sanctions Committee for further review and prompt approval or
denial all items that they deem to be covered by the GRL.
While the GRL improved the movement of humanitarian goods,
it became clear that Baghdad has found and continues to exploit
weaknesses in the list. Accordingly, in considering the renewal
of the OFF program in the Security Council in November and
early December, the United States sought changes and was
working to address key deficiencies in the GRL as of the date
of this report. We will continue to monitor and to prevent
intensive Iraqi efforts to circumvent the list in order to
obtain dual-use items to support prohibited weapons programs.
The U.N.'s ``Oil-for-Food'' Program
We continue to support the international community's
efforts to provide for the humanitarian needs of the Iraqi
people through the OFF program. Under U.N. control, the
proceeds of Iraqi oil sales are used to purchase humanitarian
goods and maintain oil infrastructure, to fund U.N.
Compensation Commission awards against Iraq arising out of its
invasion and occupation of Kuwait, and to meet U.N.
administrative costs. From the inception of the program in 1996
through December 4, 2002, revenue from oil sales totaled
roughly $60 billion. During the most recent accounting period,
May 30 to December 4, Iraq exported $5.64 billion worth of oil,
according to U.N. data.
According to U.N. data from the inception of the OFF
program through December 4, 2002, contracts for humanitarian
goods worth over $40.3 billion have been approved.
The OFF program maintains a separate program for northern
Iraq, administered directly by the U.N. in consultation with
the local authorities, and funded by 13 percent of OFF oil
sales proceeds, which are set aside for the three governates of
northern Iraq.
Humanitarian efforts in northern Iraq have led to a marked
contrast between the health of the population of the north,
where indicators show a vast improvement, and of the population
living in the areas where the U.N. does not administer the
program.
As noted by the U.N. in a September 25, 2002 report, the
Government of Iraq is not committed to using all the funds
available through OFF to improve the health and welfare of the
Iraqi people. The U.N. report cites the Iraqi Government's
failure to purchase humanitarian goods worth $1.76 billion from
the available funds in the U.N.'s escrow account. Iraq's month-
long unilateral cut-off of oil exports in April 2002, which it
attributed to its support for the Palestinians' political
cause, is the latest in a series of political moves that affect
principally the Iraqi people. Baghdad's periodic oil cut-offs,
its smuggling outside OFF and its demand for illegal surcharges
all negatively affect funding of the OFF program. In addition,
Iraqi contracting delays, cuts in food, medicine, educational
and other humanitarian sector allocations, government attempts
to impede or shut down humanitarian Non-Governmental
Organizations (NGO) operations in northern Iraq, and Baghdad's
delays in the issuance of visas for U.N. personnel reveal the
Iraqi regime's attempts to undermine the effectiveness of the
OFF program.
Although the OFF program is designated for humanitarian
purposes only, we remain concerned that Iraq is abusing this
program in an attempt to acquire goods and materials for its
prohibited weapons programs. On March 6, 2002, the United
States briefed the U.N. Sanctions Committee on Iraq's diversion
of trucks designated for humanitarian useto its military
programs. We will continue to work with the U.N. Secretariat, other
members of the Security Council, and others in the international
community to ensure that the implementation of UNSC resolution 1284,
and other relevant UNSC resolutions, better meets the humanitarian
needs of the Iraqi people while denying political or military benefits
to the Baghdad regime.
Flight Control Regime
UNSC resolutions are open to competing interpretations
regarding international flights to Baghdad. The UNSC has so far
unsuccessfully attempted to reach a consensus on new procedures
for international flights. In the absence of an agreement, we
continue to press for adherence to existing Sanctions Committee
procedures that allow for Committee approval of flights with a
demonstrable humanitarian purpose. The majority of
international flights to Iraq in the past year have operated in
compliance with UNSC procedures.
Northern Iraq: Kurdish Reconciliation
The Kurdistan Democratic Party and the Patriotic Union of
Kurdistan continue their efforts to implement the September 17,
1998, reconciliation agreement (the ``Washington Agreement'').
They work together effectively in a number of areas, including
joint efforts to bring the needs of their region to the
attention of the U.N. and the international community, and
within the larger Iraqi national democratic opposition
movement. On October 4, they convened the first joint session
of their regional assembly since 1994.
The Human Rights Situation in Iraq
The human rights situation in Iraq continues to fall
severely short of international norms. UNSC resolution 688
expressly notes that the consequences of the regime's
repression of the civilian population in many parts of Iraq
constitute a threat to international peace and security in the
region. It also demands immediate access by international
humanitarian aid organizations to all Iraqis in need in all
parts of Iraq. Yet, the Iraqi regime has allowed only one brief
visit by the U.N. Human Rights Commission's Special Rapporteur
for Iraq. U.N. human rights monitors have never been allowed
in. On April 18, 2001, the United Nations Commission on Human
Rights strongly condemned ``the systematic, widespread and
extremely grave violations of human rights and of international
humanitarian law by the Government of Iraq, resulting in an
all-pervasive repression and oppression sustained by broad-
based discrimination and widespread terror.''
Human rights NGOs and other interested voices continue to
call for creation of an international tribunal to address the
war crimes and crimes against humanity of the Iraqi leadership.
There are a number of possible mechanisms that might be
appropriate, and the international community, the military
coalition in case of war, and the Iraqi people must address
these issues as soon as hostilities come to an end.
In the north, outside the Kurdish-controlled areas, we
continue to receive reports that the Iraqi regime maintains its
ethnic cleansing policy by forcibly expelling ethnic Kurds and
Turkomans from Kirkuk and other cities, and transferring Arabs
into their places. Additionally, Saddam's security apparatus
continues to repress Shias throughout the country.
The United Nations Compensation Commission
The United Nations Compensation Commission (UNCC) was
established by and operates pursuant to UNSC Resolutions 687
(1991) and 692 (1991). It continues to process claims and pay
compensation for losses and damages suffered by individuals,
corporations, governments and international organizations, as a
direct result of Iraq's unlawful invasion and occupation of
Kuwait. As of 12 December, the UNCC has issued approximately
2.6 million awards worth about $43.7 billion, and has already
paid over $16 billion of those awards. Of the former amount,
U.S. claimants have been awarded approximately $700 million, of
which approximately $250 million has already been paid. Awards
and the costs of the UNCC's operation are paid from the
Compensation Fund, which is funded through the allocation to it
of 25 percent (reduced from 30 percent originally) of the
proceeds from authorized Iraqi oil sales under UNSC resolution
986 (1995) and subsequent extension.
CONCLUSION
Iraq remains a serious and growing threat to international
peace and security. For more than a decade, the Iraqi regime
has deceived and defied the will of the international community
and numerous UNSC resolutions by, among other things,
continuing to seek and develop WMD and prohibited long-range
missiles, brutalizing the Iraqi people, supporting
international terrorism, and committing gross human rights
violations. The United States has participated in international
efforts at containment, sanctions, inspections, and selected
military action against Iraq, and, despite these measures, Iraq
continues to violate its international obligations. As
President Bush stated in his October 7th speech, ``the time for
denying, deceiving and delaying has come to an end. Saddam
Hussein must disarm himself, or, for the sake of peace, we will
lead a coalition to disarm him.'' As the President stated to
the United Nations General Assembly on September 12, ``The
Security Council resolutions will be enforced--the just demands
of peace and security will be met--or action will be
unavoidable. And a regime that has lost its legitimacy will
also lose its power.''