    [Public Papers of the Presidents of the United States: William J. Clinton (1994, Book II)]
    [October 27, 1994]
    [Pages 1886-1889]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders Reporting on Iraq's Compliance With
    United Nations Security Council Resolutions
    October 27, 1994

    Dear Mr. Speaker:  (Dear Mr. President:)
        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.
        In light of the crisis on the Iraqi-Kuwaiti border that began in
    early October, this report begins with a brief account of the Iraqi
    provocation and U.S. responses through the U.N. Security Council vote of
    October 15. Subsequent developments in this crisis will be covered in
    the next report.
        Iraq's recent behavior with respect to Kuwait has shown the world
    that it has not changed its threatening ways and cannot be trusted. In
    early October 1994, elements of the Hammurabi Division of the elite
    Iraqi Republican Guard were detected relocating to positions at Shaihah
    airfield in southern Iraq. This was the southern most deployment of
    Republican Guard forces since the 1990-1991 Gulf War. By October 8, the
    15th Mechanized Brigade of the Hammurabi Division had deployed to
    approximately 20 kilometers from the Kuwait border. Its artillery assets
    were oriented south toward Kuwait. At the same time, the Al Nida
    Division of the Republican Guard began moving from the Mosul rail yard
    and the Baghdad area to positions in southern Iraq. All these units were
    fully equipped with ammunition, food, and fuel, leading us to conclude
    that this was no mere exercise.
        By October 8, these troop movements, combined with forces already in
    southern Iraq, brought Iraqi troop strength in southern Iraq to 64,000,
    organized into 8 divisions. By October 9, indications were present that
    logistic sites were being established in the vicinity of these
    deployments. Iraqi movements to the south continued, and by October 11,
    it was assessed that Iraq would be capable of launching an attack by
    October 13.
        This provocation required a strong response. Accordingly, on October
    8, 1994, I ordered the immediate deployment of additional U.S. military
    forces to the Persian Gulf. These deployments included the USS George
    Washington Carrier Battle Group and its accompanying cruise missile
    ships, a U.S. Marine Corps Expeditionary Unit, a U.S. Army Mechanized
    Task Force, and personnel to operate two additional Patriot missile
    batteries. On October 10, I further ordered the deployment of over 500
    U.S. Air Force and Marine Corps combat and supporting aircraft to the
    region.
        In response to these measures, the Iraqi government began ordering
    its forces to move to positions in the rear, around Nasariyah and Qalat
    Salih, north of Basra, but still within several hours of the Kuwaiti
    border. Had these

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    forces remained deployed around Nasariyah, it would have constituted a
    significant enhancement of Iraq's capabilities in southern Iraq. By
    October 15, there were clear indications that most Iraqi forces that had
    been moved south since late September were being redeployed to their
    original locations. On October 15, 1994, the international community
    also demonstrated its strong resolve regarding this latest provocation
    when it passed unanimously U.N. Security Council Resolution (UNSCR) 949,
    which condemned Iraq's provocative behavior and demanded that Iraq
    immediately withdraw the units deployed in the south to their original
    positions, not utilize its forces to threaten its neighbors or U.N.
    operations, not redeploy or enhance its military capacity in southern
    Iraq, and cooperate fully with the U.N. Special Commission (UNSCOM).
        As this recent episode shows, we continue to witness an Iraq that
    has failed to demonstrate its readiness to comply with the will of the
    international community. We will continue to insist that Iraq not
    threaten its neighbors or intimidate the United Nations as it takes
    steps to ensure that Iraq never again possesses weapons of mass
    destruction. The sanctions will be maintained until Iraq complies with
    all relevant provisions of U.N. Security Council resolutions. Indeed,
    these recent provocative Iraqi actions underscore the wisdom of the
    Security Council's September 14 decision not to modify the existing
    sanctions regime.
        Cooperation by Iraq with the United Nations since 1991 has been
    meager, sporadic, selective, and opportunistic. Taken as a whole, Iraq's
    record represents a stunning failure to meet the standard set by the
    Council when it set the terms for ending the Gulf War in UNSCR 687: to
    assure the world community of its ``peaceful intentions.'' The purpose
    of the drafters of Resolution 687--to ensure that Iraq could never again
    pose a threat to its neighbors or to regional peace and security--
    remains unfulfilled.
        Nonetheless, UNSCOM and the International Atomic Energy Agency
    (IAEA) are working hard, with the help of the United States and other
    supporting nations, to put in place a comprehensive and effective
    monitoring regime for Iraq. During the month of August alone, UNSCOM and
    IAEA had seven different teams in Iraq building and testing monitoring
    capabilities. This effort must be carefully designed if it is to be so
    thorough that Iraq cannot rebuild a covert nuclear program, as it did
    before the Gulf War, when it claimed to be in compliance with the
    nuclear Nonproliferation Treaty. Continued vigilance is necessary
    because we believe that Saddam Hussein is committed to rebuilding his
    weapons of mass destruction (WMD) capability.
        Indeed, significant gaps in accounting for Iraq's past programs for
    WMD continue. There are unresolved issues in each of the four weapons
    categories (nuclear, long-range missile, chemical, and biological). This
    has been particularly true in the chemical and biological weapons areas,
    where Iraq claims to have destroyed large amounts of documentation. It
    is, therefore, extremely important that the monitoring regime be
    effective, comprehensive, and sustainable. A program of this magnitude
    is unprecedented and will require continued, substantial assistance for
    UNSCOM from supporting nations. Rigorous and extensive trial and field
    testing will be required before UNSCOM can judge the program's
    effectiveness.
        Rolf Ekeus, the Chairman of UNSCOM, has told Iraq that it must
    establish a clear track record of compliance before he can report
    favorably to the Security Council. We strongly endorse Chairman Ekeus'
    approach and reject any attempt to limit UNSCOM's flexibility by the
    establishment of a timetable for determining whether Iraq has complied
    with UNSCR 715.
        The U.N. Sanctions Committee continues to consider and, when
    appropriate, approve requests to send to Iraq materials and supplies for
    essential civilian needs. The Iraqi government, in contrast, has
    continued to maintain a full embargo against its northern provinces and
    has acted to distribute humanitarian supplies throughout the country
    only to its supporters and to the military.
        The Iraqi government has refused to sell $1.6 million in oil as
    previously authorized by the Security Council in UNSCRs 706 and 712.
    Talks between Iraq and the United Nations on implementing these
    resolutions ended unsuccessfully in October 1993. Iraq could use
    proceeds from such sales to purchase foodstuffs, medicines, and
    materials and supplies for essential civilian needs of its population,
    subject to U.N. monitoring of sales and the equitable distribution of
    humanitarian supplies (including to its northern provinces). Iraq's
    refusal to implement UNSCRs 706 and 712 continues to cause needless
    suffering.

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        Proceeds from oil sales also would be used to compensate persons
    injured by Iraq's unlawful invasion and occupation of Kuwait. Of note
    regarding oil sales, discussions are underway with Turkish officials
    concerning the possible flushing of Iraqi oil now in the Turkish
    pipeline that extends from Iraq through Turkey. The objective is to
    prevent physical deterioration of the Turkish pipeline as a unique
    asset. Discussions continue as to how to conduct the flushing in a
    manner consistent with the U.N. sanctions regime.
        The ``no-fly zones'' over northern and southern Iraq permit the
    monitoring of Iraq's compliance with UNSCRs 687 and 688. Over the last 3
    years, the northern no-fly zone has deterred Iraq from a major military
    offensive in the region. In southern Iraq, the no-fly zone has stopped
    Iraq's use of aircraft against its population.
        However, the Iraqi government continues its harsh campaign against
    its perceived enemies, both in the north and south. Baghdad's campaign
    of economic warfare against the people of northern Iraq continues. Last
    month the Iraqi regime cut electrical power to the Aqrah/Shirwan
    districts of Dohuk Governorate. Three hundred fifty thousand people now
    confront a lack of water, sanitation, and hospital services. Also in
    northern Iraq, in the vicinity of Mosul, we are watching Iraqi troop
    movements carefully; Iraq's intentions are still unclear. In the south,
    Iraq's repression of the Marsh Arabs and the implementation of a policy
    of environmental devastation represent a clear intent to target a
    specific area for reprisals without regard to the impact on innocent
    civilians. Further, Iraqi forces still wage a land-based artillery
    campaign in the marshes, and the shelling of marsh villages continues.
    In the last few years, the population of the region, whose marsh culture
    has remained essentially unchanged since 3500 B.C., has been reduced by
    an estimated three-quarters.
        Iraq still refuses to recognize Kuwait's sovereignty and the
    inviolability of the U.N. demarcated border, which was reaffirmed by the
    Security Council in UNSCRs 773 and 833. Indeed, Iraq continues to view
    the issue of Kuwaiti sovereignty as an object of tactical moves rather
    than an opportunity to demonstrate peaceful intentions. Further, it has
    not complied with Security Council demands to resolve the issue of
    Kuwaiti MIAs, return Kuwaiti property stolen during the occupation, and
    renounce terrorism. Iraq also has not met its obligations concerning
    Kuwaiti and third-country nationals it detained during the war and has
    taken no substantive steps to cooperate fully with the International
    Committee of the Red Cross (ICRC), as required by UNSCR 687, beyond
    agreement to participate in a technical committee being organized by the
    ICRC.
        The Special Rapporteur of the U.N. Commission on Human Rights
    (UNHRC), Max van der Stoel, continues to report on the human rights
    situation in Iraq, particularly the Iraqi military's repression against
    its civilian populations in the marshes. The Special Rapporteur asserted
    in his February 1994 report that the Government of Iraq has engaged in
    war crimes and crimes against humanity, and may have committed
    violations of the 1948 Genocide Convention. Regarding the Kurds, the
    Special Rapporteur has judged that the extent and gravity of reported
    violations place the survival of the Kurds in jeopardy. The Special
    Rapporteur has noted that there are essentially no freedoms of opinion,
    expression, or association in Iraq. Torture is widespread in Iraq and
    results from a system of state-terror successfully directed at subduing
    the population. The Special Rapporteur repeated his recommendation for
    the establishment of human rights monitors strategically located to
    improve the flow of information and to provide independent verification
    of reports. We are pressing for the deployment of human rights monitors.
        Special Rapporteur van der Stoel will file additional reports to the
    U.N. General Assembly in the fall and to the UNHRC in early 1995. We are
    also considering efforts to investigate and publicize Iraqi crimes
    against humanity, war crimes, and other violations of international
    humanitarian law.
        Examples of Iraqi noncooperation and noncompliance continue in other
    areas. Dozens of Shi'a clerics are still imprisoned in Iraq without
    charge. Reliable reports have indicated that the Government of Iraq is
    offering reward money for terrorist acts against U.N. and humanitarian
    relief workers in Iraq. For 3 years there has been a clear pattern of
    criminal acts linking the Government of Iraq to a series of
    assassinations and attacks in northern Iraq on relief workers, U.N.
    guards, and foreign journalists, including a German journalist murdered
    in northern Iraq last spring. Ten persons have been

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    injured and two have been killed in such attacks this year. These acts
    are indicative of Iraq's continuing disdain for the United Nations and,
    in our view, also constitute violations of UNSCRs 687 and 688.
        The U.N. Compensation Commission (UNCC) has received about 2.4
    million claims so far, with another 100,000 expected. The United States
    Government has now filed a total of 3,100 individual claims with a total
    asserted value of over $215 million. Earlier this year, one panel of
    UNCC Commissioners submitted its report on the first installment of
    individual claims for serious personal injury or death. The UNCC
    Commissioners' report recommended awards for a group of about 670
    claimants, of which 11 were U.S. claimants. The Governing Council of the
    UNCC approved the panel's recommendations at its session in late May.
    This summer the first U.S. claimants received compensation for their
    losses. The UNCC Commissioners are expected to finish reviewing by the
    end of the year all claims filed involving death and serious personal
    injury.
        In October the Governing Council will consider reports from the UNCC
    Commissioners on two other groups of claims. The first group involves
    approximately 50,000 persons, including approximately 200 U.S.
    claimants, who were forced to depart suddenly from Kuwait or Iraq during
    the invasion and occupation. The second group will involve claimants who
    sustained itemized individual losses, e.g., lost salary or personal
    property.
        The United States Government also has submitted a total of
    approximately $1.5 billion in corporate claims against the Government of
    Iraq, representing about 140 business entities. Those claims represented
    a multitude of enterprises ranging from small family-owned businesses to
    large multinational corporations. In addition, in late July, the United
    States Government filed five Government claims with the UNCC. The five
    claims were for nonmilitary losses, such as damage to Government
    property (e.g., the U.S. Embassy compound in Kuwait) and the costs of
    evacuating U.S. nationals and their families from Kuwait and Iraq. These
    Government claims have an asserted value of about $17 million. In the
    future, the United States Government also expects to file one or more
    additional Government claim(s) involving the costs of monitoring health
    risks associated with oil well fires and other environmental damage in
    the Persian Gulf region. The UNCC expects to begin processing corporate
    claims and government claims later this year or early 1995.
        It is clear that Iraq can rejoin the community of civilized nations
    only through democratic processes, respect for human rights, equal
    treatment of its people, and adherence to basic norms of international
    behavior. Iraq's Government should represent all of Iraq's people and be
    committed to the territorial integrity and unity of Iraq. The Iraqi
    National Congress (INC) espouses these goals, the fulfillment of which
    would make Iraq a stabilizing force in the Gulf region.
        Neither in its words nor its deeds has Iraq convinced us it is no
    longer a threat to regional peace and security. Any discussion of
    lifting the oil embargo and other sanctions cannot be limited to future
    Iraqi cooperation in the area of WMD, but must take into account all the
    issues that comprise the true test of Iraq's peaceful intentions. Full
    Iraqi compliance with all relevant U.N. Security Council resolutions
    remains the objective of U.S. policy.
        The Congress' continued support of our efforts is especially
    gratifying.
        Sincerely,

                                                          William J. Clinton

    Note: Identical letters were sent to Thomas S. Foley, Speaker of the
    House of Representatives, and Albert Gore, Jr., President of the Senate.