[Weekly Compilation of Presidential Documents Volume 31, Number 1 (Monday, January 9, 1995)]
[Pages 3-8]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders on Iraq

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, includ- 

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ing 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Iraq; 3) not redeploy to the south those forces to be withdrawn or take 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 
action 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.

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    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 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

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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 
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

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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 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.

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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.