    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [April 3, 1998]
    [Pages 501-507]
    [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
    April 3, 1998

    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 United
    Nations Security Council (UNSC). This report covers the period from
    February 3, 1998, to the present.

    Introduction

        For much of the period covered by this report, Iraq was engaged in a
    serious challenge to the authority of the UNSC and the will of the
    international community. As documented in my last report, Iraq refused
    to allow U.N. Special Commission (UNSCOM) inspectors to carry out their
    work at a number of sites last December; Iraq's refusal to cooperate in
    spite of repeated warnings continued until the signing of the Memorandum
    of Understanding (MOU) between U.N. Secretary General Kofi Annan and

    [[Page 502]]

    Iraqi Deputy Prime Minister Tariq Aziz on
    February 23, and the enforcement of this agreement by the UNSC on March
    2 when it adopted UNSCR 1154. Both the MOU and UNSCR 1154 reiterate
    Iraq's commitment to provide immediate, unconditional, and unrestricted
    access to UNSCOM and the International Atomic Energy Agency (IAEA).
    UNSCR 1154 also stresses that any further Iraqi violation of the
    relevant UNSC resolutions would result in the severest consequences for
    Iraq. Iraq's commitment is now in the process of being tested. A series
    of UNSCOM inspections of so-called ``sensitive'' sites in early March
    proceeded without Iraqi interference. On March 26, UNSCOM inspections of
    the so-called ``presidential sites'' began under the arrangements agreed
    to by UNSCOM Chairman Richard Butler and
    Iraqi Deputy Foreign Minister Tariq Aziz. The team of 60 UNSCOM
    inspectors, accompanied by 20 diplomatic observers, is conducting
    inspections of the so-called ``presidential sites'' through April 5.
    Chairman Butler traveled to Baghdad in mid-March for discussions with
    Iraqi officials concerning Iraq's missile and chemical weapons programs.
        Throughout the crisis created by Iraq's refusal to cooperate with
    U.N. weapons inspectors, the objective of my Administration was to
    achieve effective inspections, preferably through a diplomatic solution.
    Our vigorous diplomatic efforts were backed by the credible threat to
    use force, if necessary. I consulted with our allies in the region as
    well as with the other members of the U.N. Security Council. Secretary
    of State Albright, Secretary of
    Defense Cohen, U.N. Ambassador
    Richardson, and other Administration
    officials also pursued our objectives vigorously with foreign
    governments, including several trips to the region and to relevant
    capitals and at the United Nations. Our military forces responded
    quickly and effectively to support our diplomatic efforts by providing a
    credible military option, which we were prepared to use if Iraq had not
    ultimately agreed to meet its obligation to provide full access to
    UNSCOM and the IAEA.

    U.S. and Coalition Force Levels in the Gulf Region

        As a demonstration of U.S. resolve during the recent crisis with
    Iraq, the aircraft carriers USS INDEPENDENCE, USS GEORGE WASHINGTON,
    their accompanying battle group combatant ships, and additional combat
    aircraft have remained in the region. United States force levels in the
    region now include land- and carrier-based aircraft, surface warships, a
    Marine amphibious task force, Patriot missile battalions, 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 are also deployed.
    These U.S. forces were augmented by the HMS ILLUSTRIOUS and accompanying
    ships from the United Kingdom.
        In addition to the United Kingdom, a number of other nations have
    pledged forces to our effort to compel Iraq's compliance with its
    commitments. Although all of the members of this international effort
    seek a peaceful diplomatic resolution of the crisis in Iraq, all have
    shown their resolve to achieve our common objective by military force if
    that becomes necessary. Without this demonstration of resolve to both
    use military force and impose the severest consequences on Iraq for any
    further Iraqi transgressions, it is unlikely that the MOU and UNSCR 1154
    (see below) would have been achieved.
        Twenty nations have deployed forces to the region or have readied
    their forces for contingency deployment. Those countries currently
    represented in the Gulf include Australia, Argentina, Canada, the Czech
    Republic, Kuwait, Netherlands, New Zealand, Romania, and the United
    Kingdom. Another 12 nations have offered important access, basing,
    overflight, and other assistance essential for the multi-national
    effort. Still others have identified force contributions that are being
    held in reserve for deployment should the need arise. United States and
    Allied forces in the region are prepared to deal with numerous
    contingencies, either conventional or weapons of mass destruction-
    related. UNSCR 949, adopted in October 1994, demands that Iraq not use
    its military forces to threaten its neighbors or U.N. operations in Iraq
    and that it not redeploy troops nor enhance its military capacity in
    southern Iraq. In view of Saddam's record of
    brutality and unreliability, it is prudent to retain a significant force
    presence in the region to deter Iraq. This gives us the capability to
    respond rapidly to possible Iraqi aggression or threats against its
    neighbors.
        Until Iraqi intent to comply with the MOU is verified, it will be
    necessary to maintain our

    [[Page 503]]

    current augmented force posture in the region. The ongoing inspections
    of the so-called ``presidential sites'' mark the next critical phase in
    the UNSCOM inspections process. Once Iraqi compliance is assured, we
    will consider whether we can reduce our present force posture.

    Operation Northern Watch and Operation Southern Watch

        The United States and coalition partners continue to enforce the no-
    fly zones over Iraq under Operation Northern Watch and Operation
    Southern Watch. In response to a series of Iraqi no-fly zone violations
    in October and November 1997, we increased the number of aircraft
    participating in these operations. There have been no observed no-fly
    zone violations during the period covered by this report. We have
    repeatedly made clear to the Government of Iraq and to all other
    relevant parties that the United States and coalition partners will
    continue to enforce both no-fly zones, and that we reserve the right to
    respond appropriately and decisively to any Iraqi provocations.

    The Maritime Interception Force

        The Maritime Interception Force (MIF), operating under the authority
    of UNSCR 665, vigorously enforces U.N. sanctions in the Gulf. The U.S.
    Navy is the single largest component of this international naval force,
    but it is augmented by ships and aircraft from Australia, Canada,
    Belgium, the Netherlands, New Zealand, and the United Kingdom. Member
    states of the Gulf Cooperation Council support the MIF by providing
    logistical support and shipriders, and accepting vessels caught
    violating sanctions.
        Since my last report, the MIF has intercepted 15 sanctions violators
    in the Gulf for a total of over 25,000 metric tons of illegal Iraqi
    petroleum products. Ships involved in smuggling have often utilized the
    territorial seas of Iran to avoid MIF inspections. We have given
    detailed reports of these illegal activities to the U.N. Sanctions
    Committee in New York.
        The level of petroleum smuggling from Iraq appears to be decreasing.
    There are indications, still preliminary, that the Government of Iran
    may be takings steps to curb the flow of illegal petroleum products
    through its territorial seas. While it is too early to tell if Iran will
    completely and permanently stop this illegal traffic, we are hopeful
    that Iran will help enforce the provisions of UNSCR 661 and other
    relevant UNSCRs. In this regard, we note that the Iranian government has
    recently played a helpful role in enforcing the sanctions of air travel
    to and from Iraq by requiring that planes wishing to enter Iraq obtain
    the appropriate approval from the U.N. Sanctions Committee before
    overflying Iranian territory.
        Recent actions by the United Arab Emirates (UAE) will greatly
    enhance our efforts to halt illegal exports from Iraq. After diplomatic
    consultations with the United States and our MIF allies, the UAE has
    significantly increased its level of cooperation with the MIF. These
    efforts have resulted in a significant increase in the number of ships
    caught with illegal cargoes. In addition, the UAE has prohibited the use
    of tankers, barges, and other vessel types to transport petroleum
    products to UAE ports and through its waters or to store such products
    there. While it is still too early to determine the full effect of these
    measures, we are hopeful that these actions will deal a significant blow
    to sanctions-busting activity in the region.
        While Iran and the UAE are taking positive steps, Iraq continues to
    improve loading facilities in the Shatt Al Arab waterway, which gives it
    the potential to smuggle even larger quantities of gasoil and fuel oil.
    The U.S. Government will seek to address this problem in the context of
    the expansion of the ``oil-for-food'' program approved under UNSCR 1153.

    Iraqi Weapons of Mass Destruction: UNSCOM and the IAEA

        Iraq's refusal to cooperate fully and unconditionally with UNSCOM
    and the IAEA, which are tasked with tracking down and destroying Iraq's
    weapons of mass destruction (WMD) programs, was once again at the heart
    of the latest crisis between the U.N. and Iraq.
        On February 23, the United Nations Secretary General signed the MOU with the Government of Iraq reiterating
    Iraq's obligation to cooperate fully and unconditionally with
    inspections by UNSCOM and IAEA for weapons of mass destruction. The
    agreement stipulates that Iraq will provide UNSCOM and IAEA weapons
    inspectors with immediate, unconditional, and unrestricted access to any
    suspect site inside Iraq, including presidential palaces, and provides
    for specific procedures for inspections at eight clearly identified
    presidential sites.

    [[Page 504]]

        The recent crisis with Iraq was only the latest chapter in the long
    history of efforts by the Iraqi regime to flout its obligations under
    relevant UNSC resolutions. Iraq has persistently failed to disclose
    fully its programs for WMD. Iraq has admitted, when confronted with
    incontrovertible evidence, that it has repeatedly and consistently
    concealed information from UNSCOM and the IAEA and has moved significant
    pieces of dual-use equipment that are subject to monitoring in violation
    of its obligations. Without full disclosure and free access to all sites
    UNSCOM and IAEA wish to inspect, the ongoing monitoring and verification
    mandated by relevant UNSC resolutions, including Resolutions 687, 707,
    and 715, cannot effectively be conducted.

    U.N. Security Council Resolution 1154

        On March 2, the Security Council unanimously adopted resolution
    1154, which welcomed the MOU and reiterated that Iraq must cooperate
    fully with UNSCOM and the IAEA. In the clearest possible terms, the
    Council warned Iraq in UNSCR 1154 that it will face the ``severest
    consequences'' if it fails to adhere to the commitments it reaffirmed in
    the MOU. This resolution is one of the strongest and clearest statements
    the Council has made in 7 years with regard to what Iraq must do to
    comply with its obligations, and what the consequences of failing to
    meet those obligations will be. This strong language of UNSCR 1154 is
    critical to ensuring that UNSCOM and IAEA can do their job and that Iraq
    is held accountable to its agreement. We welcomed Resolution 1154 and
    agreed with Secretary General Annan that, if
    respected, honored, and sustained, the agreement ``could constitute one
    of the U.N.'s most important steps in addressing the consequences of
    Iraq's invasion of Kuwait 7 years ago.''
        Iraq's compliance with the agreement is now being tested. Since the
    beginning of March, UNSCOM has pursued an intensive agenda of
    inspections, including inspections of so-called ``sensitive'' sites and
    ``presidential sites'' to which the Iraqis had previously blocked
    access. Iraq has not significantly obstructed access to any sites UNSCOM
    and the IAEA wished to visit since the MOU was signed. This may mean
    Iraq will comply with the relevant UNSC resolutions, but the testing
    process must continue until UNSCOM and the IAEA are fully satisfied. We
    have consistently stressed that full, unconditional, repeated access by
    UNSCOM to all sites, personnel, equipment, documents, and means of
    transportation provides the only means by which the world can make
    certain Iraq does not maintain or develop WMD. We have full faith and
    confidence in UNSCOM and its Executive Chairman.

    Biological and Chemical Weapons

        Iraqi biological and chemical weapons remain the most troubling
    issues for UNSCOM. This is due to the innate dual-use nature of the
    technology; it can easily be hidden within civilian industries such as,
    for biological agents, the pharmaceutical industry and, for chemical
    agents, the pesticide industry. 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.

    Nuclear Weapons and Delivery Systems

        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. Iraq has never
    provided a full and accurate account of its indigenous efforts to
    develop nuclear weapons and prohibited long-range missiles. Among the
    many problems, Iraq has failed to answer critical questions on nuclear
    weapons design and fabrication, procurement, and centrifuge enrichment;
    failed to provide a written description of its post-war nuclear weapons
    procurement program; and failed to account for major engine components,
    special warheads, missing propellants, and guidance instruments that
    could be used to assemble fully operational missiles. Until Iraq
    complies with its obligation to provide a full accounting of these and
    other relevant aspects of its program, the questions must remain open.

    Iraq's Concealment Mechanisms

        The U.N. Special Commission's work must include vigorous efforts to
    expose Iraq's ``Concealment Mechanism.'' During the last 60 days, but
    before signature of the MOU, UNSCOM launched two special inspection
    teams that once again targeted this mechanism in order to ferret out WMD
    programs and documents that UNSCOM--and we--believe Iraq stubbornly
    retains. Unfortunately, it became clear that the Iraqi government had no
    intention of cooperating with these inspections as specifically called

    [[Page 505]]

    for in the most recent UNSCRs on the topic--resolutions 1134 of October
    23, 1997, and 1137 of November 12, 1997. The teams were stopped en
    route, denied access, and prevented from videotaping equipment movement
    or document-destruction activity at suspect sites.
        In accordance with relevant UNSC resolutions, UNSCOM and the IAEA
    must be allowed to continue to investigate all aspects of Iraq's
    prohibited programs until they can verify that all relevant components
    have been destroyed under international supervision, and that all
    remaining capabilities have been eliminated. Without such verification,
    Iraq could quickly develop the ability to strike at any city in the
    region--and perhaps even as far as Europe--with weapons of mass
    destruction.

    Dual-Use Imports

        United Nations Security Council Resolution 1051 established a joint
    UNSCOM/IAEA unit to monitor Iraq's efforts to reacquire proscribed
    weapons. Iraq must notify the unit before it imports any items that can
    be used in both military and civilian applications. Similarly, U.N.
    members must provide timely notification of exports to Iraq of such
    dual-use items.
        We continue to be concerned that Iraq's land borders are extremely
    porous. Iraq continues substantial trade with its neighbors. There is
    significant potential for evasion of sanctions by land routes, giving
    additional weight to our position that UNSCOM must have full and
    unconditional access to all locations and be allowed to inspect and
    monitor Iraqi compliance over time.

    The U.N.'s Oil-for-Food Program

        On February 20, the Security Council adopted resolution 1153, which
    expands to $5.2 billion the amount of oil Iraq is authorized to sell
    every 6 months. The previous amount was $2.0 billion every 6 months.
    Resolution 1153 states that the nutritional and health requirements of
    the Iraqi people are the top priority and allocates $1 billion to
    rebuild hospitals, schools, water, and sanitation facilities. My
    Administration's support for resolution 1153 is fully consistent with
    long-standing U.S. policy. Since 1990, at the height of the Gulf War,
    the United States has held that the international community's dispute is
    with Iraq's leadership, not its people. We proposed an ``oil-for-food''
    program in 1991 (UNSCR 706/712), which Iraq rejected. A similar program
    (UNSCR 986) was eventually accepted by Iraq in 1996. We supported the
    expansion of the oil-for-food program under UNSCR 1153 because it will
    provide additional humanitarian assistance to the Iraqi people, under
    strict U.N. supervision, without benefiting the regime.
        Since the beginning of the oil-for-food program, we have
    consistently worked with the U.N. and other U.N. member states to find
    ways to improve the program's effectiveness to better meet the
    humanitarian needs of Iraq's civilian population. Iraq, however, has
    frequently failed to provide the full cooperation necessary to ensure
    that the program functions smoothly. For example, during calendar year
    1997, the Government of Iraq refused to pump oil under UNSCR 986 for
    more than 3 months, all the while blaming the U.N. and the United States
    for disruptions in the flow of food and medicine that it had caused. We
    will be watching closely to determine how the Government of Iraq
    performs under UNSCR 1153. The Iraqi government refused to provide
    appropriate input to the Secretary General's report of January 30 on
    Iraq's humanitarian needs, which provided the basis for determining
    allocations under UNSCR 1153. On February 5, Iraq sent its official
    ``observations'' on that report to the Secretary General, rejecting many of its proposals and recommendations to
    alleviate the suffering of the Iraqi people without stating whether or
    not the Government of Iraq would ``accept'' the resolution. The U.N.
    Secretariat continues to work to reach agreement with Iraq on
    implementing UNSCR 1153.
        Among its other provisions, UNSCR 1153 calls for an independent
    assessment of Iraq's oil infrastructure to ascertain whether it can
    export enough oil to cover the $5.2 billion oil export ceiling. Based on
    this report, the Secretary General will recommend
    to the UNSC whether repairs to Iraq's oil infra-structure will be needed
    to meet the new export target. The United States is prepared to support
    only those oil infrastructure repairs needed to fund the expanded
    humanitarian program.
        The U.N. must carefully monitor how Iraq implements resolution 1153.
    The Iraqi government continues to insist on the need for rapid lifting
    of the sanctions regime, despite its record of non-compliance with its
    obligations under relevant U.N. resolutions. Saddam Hussein has exploited the suffering he himself has imposed on
    his people to build sympathy for Iraq and

    [[Page 506]]

    its government and to create pressure to lift the sanctions. In the
    meantime, he has continued to build lavish palaces that benefit only the
    elite within his regime.

    War Crimes and The Human Rights Situation in Iraq

        The human rights situation throughout Iraq continues to be a cause
    for grave concern. U.N. Special Rapporteur for Iraq, Max Van der
    Stoel, is investigating credible reports
    from numerous independent sources that the Government of Iraq may have
    summarily executed hundreds--perhaps thousands--of political detainees
    in November and December 1997. According to these reports, many of those
    killed were serving sentences of 15-20 years for such crimes as
    insulting the regime or being members of an opposition political party.
    Families in Iraq reportedly received the bodies of the executed that
    bore, in some cases, clear signs of torture. In addition, the
    possibility that the government used humans as experimental subjects in
    its chemical and biological weapons programs remains a grave concern.
        In southern Iraq, the government continues to repress the Shi'a
    population, destroying the Marsh Arabs' way of life and the unique
    ecology of the southern marshes. In the north, the government continues
    the forced expulsion of tens of thousands of ethnic Kurds from Kirkuk
    and other cities. The government continues to stall and obfuscate,
    rather than work in good faith toward accounting for more than 600
    Kuwaitis and third-country nationals who disappeared at the hands of
    Iraqi authorities during or after the occupation of Kuwait, and the
    nearly 5,000 Iranian prisoners of war taken prisoner by Iraq during the
    Iran-Iraq war. The Government of Iraq shows no sign of complying with
    UNSCR 688, which demands that Iraq cease the repression of its own
    people. The U.N. Special Rapporteur
    reported to the General Assembly his particular concern that
    extrajudicial, summary or arbitrary executions, and the practice of
    torture continue to occur in Iraq.

    The INDICT Campaign

        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 take note of, and
    welcome, Senate Resolution 179 of March 13 expressing the sense of the
    Senate concerning the need for an international criminal tribunal to try
    members of the Iraqi regime for war crimes and crimes against humanity.
        March 16, 1998, marked the tenth anniversary of the Iraqi military's
    devastating chemical attack on the Iraqi Kurdish town of Halabja. As
    many as 5,000 civilians were killed. More than 10,000 were injured. The
    Iraqi regime never expressed remorse for Halabja. In fact, the regime
    defended its use of chemical weapons in its war with Iran by claiming,
    ``every nation has the right to protect itself against invasion,'' even
    though a 1925 Geneva Protocol, to which Iraq is subject, outlaws the use
    of chemical weapons. Ten years after the massacre, the people of Halabja
    still suffer from the effects of the attack, including much higher rates
    of serious diseases (such as cancer), birth defects, and miscarriages.
    The sympathies of the United States are with the people of Halabja and
    other victims of Iraqi chemical attacks as we remind ourselves and the
    international community that the U.N. must remain vigilant to stop Iraq
    from reacquiring weapons of mass destruction.

    Northern Iraq

        In northern Iraq, the cease-fire between the Kurdish parties,
    established in November 1997 as the result of U.S. efforts, continues to
    hold. Both Massoud Barzani, leader of the
    Kurdistan Democratic Party (KDP) and Jalal Talabani, leader of the Patriotic Union of Kurdistan (PUK) have
    made positive, forward-looking statements on political reconciliation,
    and talks between the two groups have commenced. We will continue our
    efforts to reach a permanent reconciliation through mediation in order
    to help the people of northern Iraq find the permanent, stable
    settlement that they deserve, and to minimize the opportunities for
    Baghdad and Tehran to insert themselves into the conflict and threaten
    Iraqi citizens in this region.

    The United Nations Compensation Commission

        The United Nations Compensation Commission (UNCC), established
    pursuant to UNSCRs 687 and 692, continues to resolve claims against Iraq
    arising from Iraq's unlawful invasion and occupation of Kuwait. The UNCC
    has issued

    [[Page 507]]

    almost 1.3 million awards worth $6 billion. Thirty percent of the
    proceeds from the oil sales permitted by UNSCRs 986, 1111, and 1143 have
    been allocated to the Compensation Fund to pay awards and to finance
    operations of the UNCC. 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, 457 U.S. claimants have received an initial
    installment payment, and payment is in process for an additional 323
    U.S. claimants.

    Conclusion

        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. The United States looks forward
    to the day when Iraq rejoins the family of nations as a responsible and
    law-abiding member.
        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

     Note: Identical letters were sent to Newt Gingrich, Speaker of the
    House of Representatives, and Strom Thurmond, President pro tempore of
    the Senate. This letter was released by the Office of the Press
    Secretary on April 6.