    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book I)]
    [December 30, 1994]
    [Pages 2-6]
    [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
    December 30, 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.
        The crisis precipitated in early October when Iraq moved significant
    numbers of ground forces toward its border with Kuwait has been largely
    resolved. Since my last report, Iraqi Republican Guard forces have
    redeployed north of the 32nd parallel, including some Republican Guard
    units that were south of the 32nd parallel prior to the crisis. Six
    Iraqi regular army divisions which were located in the south prior to
    the crisis continue to be deployed there. U.S. forces deployed to the
    Gulf in response to Iraq's actions will redeploy to the United States
    over the next several weeks. Some forces--primarily aircraft--will
    remain in the theater to deter further acts of Iraqi provocation and
    aggression. In order to enhance significantly our ability to strike at
    Iraqi tanks south of the 32nd parallel, Kuwait has agreed to permit us
    to base a squadron of 24 Air Force A-10s in Kuwait. We also have plans
    to increase the amount of prepositioned equipment in the Gulf which will
    be sufficient to outfit a division, thereby enhancing our ability to
    rapidly deploy a significantly larger and more capable ground force. To
    this end, Kuwait has agreed to permit the prepositioning of additional
    equipment to complete the armored brigade set that is already on the
    ground in Camp Doha.
        The United Nations Security Council, in Resolution 949 of October
    15, 1994, condemned Iraq's military deployment toward the border with
    Kuwait and demanded that Iraq: 1) immediately withdraw all military
    units recently deployed to southern Iraq; 2) not again use its military
    or any other forces to threaten its neighbors or U.N. operations in
    Iraq; 3) not redeploy to the south those forces to be withdrawn or take
    any other action to enhance its military capacity in southern Iraq; and
    4) cooperate fully with the U.N. Special Commission (UNSCOM). In order
    to ensure that Iraq fully understood our intentions, Ambassador Albright
    met with Iraq's UN Ambassador, Nizar Hamdun, and explained in precise
    terms what would constitute an Iraqi violation of Resolution 949. She
    also left no doubt that our response to any such violation would be
    swift and firm.
        This recent episode is yet another indication that Iraq remains
    unwilling to comply with the will of the international community. We
    shall continue to insist that Iraq not threaten its neighbors or
    intimidate the United Nations and that it take steps to ensure that it
    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.
        On November 10 the Iraqi government, in an unqualified and
    irrevocable way, recognized the Iraq-Kuwait boundary demarcated by the
    relevant U.N. demarcation commission and the sovereignty, territorial
    integrity, and political independence of the State of Kuwait. This ac-

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    tion represented a significant victory for the Security Council, which
    has resolved to accept nothing short of full compliance with the demands
    it has placed on Iraq. Although the Security Council welcomed this
    development, it has also made clear that it will follow closely Iraq's
    implementation of its decision and will also continue to keep under
    review Iraq's actions to complete its compliance with all relevant
    Security Council resolutions.
        Iraq has still not complied with Security Council demands to resolve
    the issue of Kuwaiti MIAs, return Kuwaiti property stolen during the
    occupation, and renounce terrorism. Iraq has also not met its
    obligations under resolutions 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), beyond agreement to participate in a technical committee being
    organized by the ICRC. Iraq has also failed to comply with resolutions
    calling for the end of repression of segments of its civilian
    population, cooperation with international relief organizations and the
    equitable distribution of humanitarian relief supplies.
        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
    Security Council when it set the terms for ending the Gulf War in
    Resolution 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. On November 14 the
    Security Council, for the 22nd time, unanimously decided that existing
    sanctions against Iraq should not be modified.
        Despite the lack of cooperation from the Government of Iraq, UNSCOM
    and the International Atomic Energy Agency have continued their efforts,
    with the assistance of the United States and other supporting nations,
    to implement a comprehensive and effective monitoring regime for Iraq.
    In consultation with UNSCOM Chairman Ekeus, the U.N. Security General
    reported on October 7 that this regime is ``provisionally operational.''
    This effort must be carefully designed to ensure that Iraq cannot
    rebuild its weapons of mass destruction (WMD) programs, including a
    convert 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 WMD capabilities.
        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.
    Therefore, it is 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.
        Of increasing concern is UNSCOM's dire financial situation. Chairman
    Ekeus reports that UNSCOM will have to shut down if funds are not
    forthcoming immediately. Without more cash, UNSCOM will have to begin
    phasing down its operations in December and completely disband by mid-
    February 1995. Some countries in the region have agreed to provide
    partial emergency funding. While this may take care of the immediate
    crisis, lack of funding will be a chronic problem.
        Chairman Ekeus 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 Security
    Council Resolution 715.
        The U.N. resolutions regarding Iraq do not prevent the shipment of
    food or medicine to that country. Between January and August of this
    year, the U.N. Sanctions Committee received notifications of $2 billion
    worth of food and $175 million worth of medicine to be shipped to Iraq.
    During the same period, the Committee approved shipments of $2 billion
    worth of other items deemed to be for essential civilian needs.
    Meanwhile, the Government of Iraq has asked the Sanctions Committee for
    permission to import luxury goods such as liquor, video recorders,
    leather jackets, brass beds and

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    expensive automobiles. The Iraqi government has continued to maintain a
    full embargo against its northern provinces and has favored its
    supporters and the military in the distribution of humanitarian supplies
    throughout the country.
        The Iraqi government has refused to sell up to $1.6 billion in oil
    as previously authorized by the Security Council in Resolutions 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 Security Council Resolutions 706 and 712 continues
    to cause needless suffering.
        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, the Security Council has engaged in discussions
    with Turkish officials concerning the possible flushing of Iraqi oil now
    in the Turkish pipeline that extends from Iraq through Turkey. The
    objective would be to prevent physical deterioration of the Turkish
    pipeline, which is a unique asset. Such a flushing of the pipeline, if
    conducted in a manner consistent with the U.N. sanctions regime, would
    produce the added benefit of financing the import of needed food and
    medicine into Iraq. However, the Government of Iraq has refused to
    implement the flushing because it rejects international monitoring of
    the distribution of humanitarian goods.
        The no-fly zones over northern and southern Iraq permit the
    monitoring of Iraq's compliance with Security Council Resolutions 687
    and 688. Over the last three 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.
        Nonetheless, the Iraqi government continues its harsh campaign
    against its perceived enemies, throughout the country. Baghdad's
    campaign of economic warfare against the people of northern Iraq
    continues. In September, the Iraqi regime cut electrical power to the
    Aqrah/Shirwan districts of Dohuk Governorate. Three hundred fifty
    thousand people in those districts now confront a lack of water,
    sanitation, and hospital services. Approximately one million persons in
    Dohuk Governorate are now reliant on temporary generators for
    electricity, due to such systematic power cut-offs by the Government of
    Iraq. Also in northern Iraq, in the vicinity of Mosul, we are watching
    Iraqi troop movements carefully since Iraq's intentions are still
    unclear. In the south, Iraq's repression of the Shi'a population, and
    specifically 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 and will soon disappear altogether. 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. In his November interim report to the
    General Assembly, the Special Rapporteur noted the widespread phenomena
    of political killings, mass executions and state-sponsored terrorism
    throughout Iraq. He also reported the introduction by the Government of
    Iraq of new forms of torture, including the amputation of ears and hands
    and the branding of foreheads for certain economic crimes and for
    desertion from the military. The Special Rapporteur asserted in previous
    reports 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. He also noted the extent to which the Government of
    Iraq represses and terrorizes the Shi'a clergy in southern cities. The
    Special Rapporteur has noted that there are essentially no freedoms of
    opinion, expression or association in Iraq. The Special Rapporteur
    continues to repeat his recommendation for the establishment of human
    rights monitors inside Iraq to improve the flow of information and to
    provide independent verification of reports. We continue to investigate
    and publicize Iraqi crimes against humanity, war crimes and other

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    violations of international humanitarian law. We will continue to insist
    that the Government of Iraq allow human rights monitors to be stationed
    inside Iraq, as called for by the Special Rapporteur.
        Examples of Iraqi noncooperation and noncompliance continue in other
    areas. There have been several incidents in which merchant vessels have
    entered the Shatt-al-Arab bound for Iran but subsequently have proceeded
    to Iraqi ports where they have onloaded Iraqi oil. Upon exiting the
    Shatt-al-Arab these vessels have been diverted by the Maritime
    Interception Force and their embargo violations have been confirmed.
    Gulf states are being encouraged to take action against the vessels and
    oil, with the proceeds eventually being paid to the UN Escrow Account
    referred to in Security Council Resolution 778.
        For more than three years, the Baghdad regime has interfered with
    relief operations, threatened and harassed relief workers, and refused
    to issue visas to such workers. We have persuasive evidence that the
    regime has offered ``bounties'' to persons willing to assassinate
    international personnel. U.N. and other humanitarian relief workers, as
    well as international journalists reporting on the humanitarian
    situation, have been the victims of car bombs, drive-by shootings and
    execution-style killings. Ten persons have been injured and two have
    been killed in such attacks this year.
        There is also persuasive evidence linking the Government of Iraq to
    the July death, under suspicious circumstances, of a noted Shi'a
    religious figure and three members of his family. These acts are
    indicative of Iraq's continuing disdain for the United Nations and, in
    our view, also constitute violations of Security Council Resolutions 687
    and 688.
        We are monitoring closely the plight of the civilian population
    everywhere in Iraq. We will persist in our demand that the Government of
    Iraq comply with the relevant U.N. resolutions so that humanitarian
    assistance can reach all segments of the society, instead of only the
    supporters of Saddam Hussein. Our bilateral assistance program in the
    north will continue, given our access to the north and our ability to
    ensure that relief reaches vulnerable populations. We also will continue
    to make every effort, given the numerous practical constraints, to
    assist the populations in southern and central Iraq through U.N.
    humanitarian programs. Finally, we will continue to explore with our
    allies and Security Council partners the most effective means to compel
    the Government of Iraq to cooperate on humanitarian and human rights
    issues.
        The U.N. Compensation Commission (UNCC) has received approximately
    2.4 million claims thus far, with another 100,000 expected. The United
    States Government has 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 past summer the first U.S. claimants received compensation for
    their losses. A second group of claims involving death and serious
    personal injury is expected to be reviewed in the December Governing
    Council session. At its October session, the Governing Council approved
    the first set of awards for claimants who were forced to depart suddenly
    from Iraq or Kuwait during the invasion and occupation. Of the
    approximately 53,000 claims, close to 200 were from U.S. claimants.
    However, these awards cannot be paid at this time because there is not
    enough money in the Compensation Fund. The Governing Council began
    consideration of the first report and recommendations from the panel of
    commissioners reviewing itemized individual losses for amounts up to
    $100,000 (e.g. lost salary or personal property). Due to the importance
    and complexity of the issues involved, the Governing Council deferred
    final action on the recommendations until its December session. The
    Governing Council also decided not to accept additional filings of late
    individual claims after January 1, 1995.
        The United States Government also 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 U.S. Government claims with the UNCC. The
    five claims were for nonmilitary losses, such as damage to U.S.
    Government property (e.g., the U.S. Embassy compound in Kuwait) and

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    the costs of evacuating U.S. nationals and their families from Kuwait
    and Iraq. These U.S. 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 U.S. Government claim(s) involving the costs
    of monitoring health risks associated with oil well fires and other
    environmental damage in the Gulf region. The UNCC expects to begin
    processing corporate claims and government claims in 1995.
        Iraq may rejoin the community of civilized nations only through
    adherence to basic norms of international behavior, adoption of
    democratic processes, respect for human rights and equal treatment of
    its people. 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 espouses these goals, the fulfillment of which would
    make Iraq a stabilizing force in the Gulf region.
        In summary, Iraq continues to be a threat to regional peace and
    security. The oil embargo and other sanctions must remain in place until
    Iraq demonstrates its peaceful intentions over a sustained period by
    fully complying with all relevant U.N. Security Council resolutions.
        I appreciate the support of the Congress for our efforts, and I will
    continue to keep the Congress fully informed regarding this important
    matter.
            Sincerely,

                                                          William J. Clinton

    Note: Identical letters were sent to Thomas S. Foley, Speaker of the
    House of Representatives, and Robert C. Byrd, President pro tempore of
    the Senate. This letter was released by the Office of the Press
    Secretary on January 3, 1995.