[105th Congress Public Law 235]
[From the U.S. Government Printing Office]


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[DOCID: f:publ235.105]


[[Page 1537]]

                IRAQI BREACH OF INTERNATIONAL OBLIGATIONS

[[Page 112 STAT. 1538]]

Public Law 105-235
105th Congress

                            Joint Resolution


 
 Finding the Government of Iraq in unacceptable and material breach of 
   its international obligations. <<NOTE: Aug. 14, 1998 -  [S.J. Res. 
                                 54]>> 

Whereas hostilities in Operation Desert Storm ended on February 28, 
    1991, and the conditions governing the cease-fire were specified in 
    United Nations Security Council Resolutions 686 (March 2, 1991) and 
    687 (April 3, 1991);
Whereas United Nations Security Council Resolution 687 requires that 
    international economic sanctions remain in place until Iraq 
    discloses and destroys its weapons of mass destruction programs and 
    capabilities and undertakes unconditionally never to resume such 
    activities;
Whereas Resolution 687 established the United Nations Special Commission 
    on Iraq (UNSCOM) to uncover all aspects of Iraq's weapons of mass 
    destruction programs and tasked the Director-General of the 
    International Atomic Energy Agency to locate and remove or destroy 
    all nuclear weapons systems, subsystems or material from Iraq;
Whereas United Nations Security Council Resolution 715, adopted on 
    October 11, 1991, empowered UNSCOM to maintain a long-term 
    monitoring program to ensure Iraq's weapons of mass destruction 
    programs are dismantled and not restarted;
Whereas Iraq has consistently fought to hide the full extent of its 
    weapons programs, and has systematically made false declarations to 
    the Security Council and to UNSCOM regarding those programs, and has 
    systematically obstructed weapons inspections for seven years;
Whereas in June 1991, Iraqi forces fired on International Atomic Energy 
    Agency inspectors and otherwise obstructed and misled UNSCOM 
    inspectors, resulting in United Nations Security Council Resolution 
    707 which found Iraq to be in ``material breach'' of its obligations 
    under United Nations Security Council Resolution 687 for failing to 
    allow UNSCOM inspectors access to a site storing nuclear equipment;
Whereas in January and February of 1992, Iraq rejected plans to install 
    long-term monitoring equipment and cameras called for in United 
    Nations resolutions, resulting in a Security Council Presidential 
    Statement of February 19, 1992 which declared that Iraq was in 
    ``continuing material breach'' of its obligations;
Whereas in February of 1992, Iraq continued to obstruct the installation 
    of monitoring equipment, and failed to comply with UNSCOM orders to 
    allow destruction of missiles and other proscribed weapons, 
    resulting in the Security Council Presidential Statement of February 
    28, 1992, which reiterated that Iraq was in ``continuing material 
    breach'' and noted a ``further material

[[Page 112 STAT. 1539]]

    breach'' on account of Iraq's failure to allow destruction of 
    ballistic missile equipment;
Whereas on July 5, 1992, Iraq denied UNSCOM inspectors access to the 
    Iraqi Ministry of Agriculture, resulting in a Security Council 
    Presidential Statement of July 6, 1992, which declared that Iraq was 
    in ``material and unacceptable breach'' of its obligations under 
    United Nations resolutions;
Whereas in December of 1992 and January of 1993, Iraq violated the 
    southern no-fly zone, moved surface-to-air missiles into the no-fly 
    zone, raided a weapons depot in internationally recognized Kuwaiti 
    territory and denied landing rights to a plane carrying United 
    Nations weapons inspectors, resulting in a Security Council 
    Presidential Statement of January 8, 1993, which declared that Iraq 
    was in an ``unacceptable and material breach'' of its obligations 
    under United Nations resolutions;
Whereas in response to continued Iraqi defiance, a Security Council 
    Presidential Statement of January 11, 1993, reaffirmed the previous 
    finding of material breach, followed on January 13 and 18 by allied 
    air raids, and on January 17 with an allied missile attack on Iraqi 
    targets;
Whereas on June 10, 1993, Iraq prevented UNSCOM's installation of 
    cameras and monitoring equipment, resulting in a Security Council 
    Presidential Statement of June 18, 1993, declaring Iraq's refusal to 
    comply to be a ``material and unacceptable breach'';
Whereas on October 6, 1994, Iraq threatened to end cooperation with 
    weapons inspectors if sanctions were not ended, and one day later, 
    massed 10,000 troops within 30 miles of the Kuwaiti border, 
    resulting in United Nations Security Council Resolution 949 
    demanding Iraq's withdrawal from the Kuwaiti border area and renewal 
    of compliance with UNSCOM;
Whereas on April 10, 1995, UNSCOM reported to the Security Council that 
    Iraq had concealed its biological weapons program, and had failed to 
    account for 17 tons of biological weapons material resulting in the 
    Security Council's renewal of sanctions against Iraq;
Whereas on July 1, 1995, Iraq admitted to a full scale biological 
    weapons program, but denied weaponization of biological agents, and 
    subsequently threatened to end cooperation with UNSCOM resulting in 
    the Security Council's renewal of sanctions against Iraq;
Whereas on March 8, 11, 14, and 15, 1996, Iraq again barred UNSCOM 
    inspectors from sites containing documents and weapons, in response 
    to which the Security Council issued a Presidential Statement 
    condemning ``clear violations by Iraq of previous Resolutions 687, 
    707, and 715'';
Whereas from June 11-15, 1996, Iraq repeatedly barred weapons inspectors 
    from military sites, in response to which the Security Council 
    adopted United Nations Security Council Resolution 1060, noting the 
    ``clear violation on United Nations Security Council Resolutions 
    687, 707, and 715'' and in response to Iraq's continued violations, 
    issued a Presidential Statement detailing Iraq's ``gross violation 
    of obligations'';
Whereas in August 1996, Iraqi troops overran Irbil, in Iraqi Kurdistan, 
    employing more than 30,000 troops and Republican Guards, in response 
    to which the Security Council briefly suspended implementation on 
    United Nations Security Council Resolution 986, the United Nations 
    oil for food plan;

[[Page 112 STAT. 1540]]

Whereas in December 1996, Iraq prevented UNSCOM from removing 130 Scud 
    missile engines from Iraq for analysis, resulting in a Security 
    Council Presidential Statement which ``deplore[d]'' Iraq's refusal 
    to cooperate with UNSCOM;
Whereas on April 9, 1997, Iraq violated the no-fly zone in southern Iraq 
    and United Nations Security Council Resolution 670, banning 
    international flights, resulting in a Security Council statement 
    regretting Iraq's lack of ``specific consultation'' with the 
    Council;
Whereas on June 4 and 5, 1997 Iraqi officials on board UNSCOM aircraft 
    interfered with the controls and inspections, endangering inspectors 
    and obstructing the UNSCOM mission, resulting in a United Nations 
    Security Council Presidential Statement demanding Iraq end its 
    interference and on June 21, 1997, United Nations Security Council 
    Resolution 1115 threatened sanctions on Iraqi officials responsible 
    for these interferences;
Whereas on September 13, 1997, during an inspection mission, an Iraqi 
    official attacked UNSCOM officials engaged in photographing illegal 
    Iraqi activities, resulting in the October 23, 1997, adoption of 
    United Nations Security Council Resolution 1134 which threatened a 
    travel ban on Iraqi officials responsible for noncompliance with 
    United Nations resolutions;
Whereas on October 29, 1997, Iraq announced that it would no longer 
    allow American inspectors working with UNSCOM to conduct inspections 
    in Iraq, blocking UNSCOM teams containing Americans to conduct 
    inspections and threatening to shoot down United States U-2 
    surveillance flights in support of UNSCOM, resulting in a United 
    Nations Security Council Resolution 1137 on November 12, 1997, which 
    imposed the travel ban on Iraqi officials and threatened unspecified 
    ``further measures'';
Whereas on November 13, 1997, Iraq expelled United States inspectors 
    from Iraq, leading to UNSCOM's decision to pull out its remaining 
    inspectors and resulting in a United Nations Security Council 
    Presidential Statement demanding Iraq revoke the expulsion;
Whereas on January 16, 1998, an UNSCOM team led by American Scott Ritter 
    was withdrawn from Iraq after being barred for three days by Iraq 
    from conducting inspections, resulting in the adoption of a United 
    Nations Security Council Presidential Statement deploring Iraq's 
    decision to bar the team as a clear violation of all applicable 
    resolutions;
Whereas <<NOTE: Saddam Hussein. Kofi Annan.>> despite clear agreement on 
    the part of Iraqi President Saddam Hussein with United Nations 
    General Kofi Annan to grant access to all sites, and fully cooperate 
    with UNSCOM, and the adoption on March 2, 1998, of United Nations 
    Security Council Resolution 1154, warning that any violation of the 
    agreement with Annan would have the ``severest consequences'' for 
    Iraq, Iraq has continued to actively conceal weapons and weapons 
    programs, provide misinformation and otherwise deny UNSCOM 
    inspectors access;
Whereas <<NOTE: Richard Butler.>> on June 24, 1998, UNSCOM Director 
    Richard Butler presented information to the United Nations Security 
    Council indicating clearly that Iraq, in direct contradiction to 
    information provided to UNSCOM, weaponized the nerve agent VX; and
Whereas Iraq's continuing weapons of mass destruction programs threaten 
    vital United States interests and international peace and security: 
    Now, therefore, be it


[[Page 112 STAT. 1541]]



    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Government of Iraq is 
in material and unacceptable breach of its international obligations, 
and therefore the President is urged to take appropriate action, in 
accordance with the Constitution and relevant laws of the United States, 
to bring Iraq into compliance with its international obligations.

    Approved August 14, 1998.

LEGISLATIVE HISTORY--S.J. Res. 54:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 144 (1998):
            July 31, considered and passed Senate.
            Aug. 3, considered and passed House.

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