Tag: Security Council

  • How to Strengthen the UN’s Ability to Maintain International Peace and Security

    This article was originally published by the History News Network.


    Lawrence WittnerConservative politicians often portray the United Nations as a powerful monster, poised to gobble up the United States and other countries and put them under alien rule.


    The reality, of course, is quite different. When it comes to international peace and security, the United Nations is notably lacking in power. Its resolutions along these lines are often ignored or go unenforced. Frequently, they are not even adopted. This situation leaves nations free to pursue traditional practices of power politics and, occasionally, much worse.


    The weakness of the United Nations was illustrated once again on February 4, when Russia and China joined forces to veto a UN Security Council resolution dealing with Syria. The resolution was designed to halt eleven months of bloodshed in that nation, where more than 5,400 people had been massacred, mostly by government military forces. Backing an Arab League plan for Syrian President Bashar al-Assad to step aside, the resolution was supported by 13 members of the Security Council. But, with Security Council rules allowing even one great power to veto action, the resolution was defeated.


    The rules establishing a great power veto were formulated late in World War II, when three Allied nations (the United States, the Soviet Union, and Britain) agreed to create a UN Security Council to maintain international peace and security. The Security Council would have 15 members, but just 5 of them would be permanent members (the United States, the Soviet Union, Britain, France, and China), and each of these members would be empowered to veto any resolution or action. Thus, from the start, the great powers made sure that each of them had the ability to frustrate any venture of which they disapproved. And this, in turn, meant that, like the League of Nations, the United Nations was woefully weak when it came to enforcing international peace and security.


    In the first decade of the postwar era, the Soviet Union led the way in drawing on the veto to defend what it considered its interests. But, in later decades, the United States surpassed the Soviet Union (and its successor, Russia) in use of the veto to block international security action. Indeed, since the establishment of the United Nations, all of the permanent members have relied upon the veto, which they have used hundreds of times to frustrate the majority in efforts to maintain international peace and security. As in the case of two Security Council resolutions dealing with the mass killing in Syria, this includes action to protect civilians in an armed conflict.


    The result has been a dangerous world in which, all too often, rulers of nations (especially, the rulers of the great powers) simply go their own way—squandering their resources on never-ending military buildups, invading other nations, and massacring civilian populations.


    In the context of this continuing disaster, wouldn’t it make sense to eliminate the veto in the Security Council? After all, there is no justifiable reason why great powers—and particularly individual great powers—should be legally accorded the right to frustrate the wishes of virtually the entire international community. Although scrapping the veto is no panacea for conflicts among nations, it seems likely to result in a more equitable and more secure world.


    Furthermore, even if the veto were abolished, the great powers would still hold onto their permanent seats in the Security Council, thus ensuring that they would retain—albeit in a more democratic fashion—some influence over world affairs. And if, as supporters of the current structure insist, it is important to match authority with power, why not elevate additional great powers to permanent membership in the Security Council? Nations that have sometimes been mentioned as useful additions to that UN entity include Brazil, Germany, India, and Japan.


    Plagued by dangerous arms races, bloody wars, and human rights violations, the world desperately needs an alternative form of governance. The great powers have the power to provide it, but not the legitimacy to do so, while the United Nations has the legitimacy but not the power. Hasn’t the time finally arrived to supplement the legitimacy of the United Nations with enough power to maintain international peace and security?

  • Civil Society Challenges Nuclear Deterrence Doctrine

    This article was published by Inter Press Service News Agency.


    UNITED NATIONS, Feb 24, 2011 (IPS) – As the world’s nuclear powers continue to drag their collective feet, stalling all attempts at nuclear disarmament, a group of peace activists and civil society organisations is vigourously challenging the long-held myth of “nuclear deterrence”.


    “Nuclear deterrence is a doctrine that is used as a justification by nuclear weapon states and their allies for the continued possession and threatened use of nuclear weapons,” says the coalition, which met in Santa Barbara, California last week.


    Jacqueline Cabasso, executive director of the Western States Legal Foundation and one of the participants at the meeting, told IPS that members of the coalition agreed that the longstanding doctrine must be discredited and replaced with an urgent commitment to achieve global nuclear disarmament.


    “Before another nuclear weapon is used, nuclear deterrence must be replaced by humane, legal and normal security strategies,” she said.


    A declaration adopted by the coalition states: “We call upon people everywhere to join us in demanding that the nuclear weapon states and their allies reject nuclear deterrence and negotiate without delay a Nuclear Weapons Convention for the phased, verifiable, irreversible and transparent elimination of all nuclear weapons.”


    The participants at the meeting ranged from representatives from the Lawyers Committee on Nuclear Policy and the Nuclear Age Peace Foundation to Physicians for Social Responsibility and the Disarmament and Security Centre.


    The world’s five “declared” nuclear powers are the five veto-wielding permanent members of the U.N. Security Council: the United States, Britain, France, Russia and China.


    Additionally, there are four “undeclared” nuclear powers: India, Pakistan, North Korea and Israel (which studiously maintains a “don’t ask, don’t tell” nuclear policy).


    Asked if a worldwide campaign for nuclear disarmament by non-governmental organisations (NGOs) would succeed – as it did in the campaign to ban anti-personnel landmines years ago – Peter Weiss, president of the Lawyers’ Committee on Nuclear Policy, told IPS the analogy with the international campaign against landmines and cluster munitions must not be overdone.


    Those weapons, unlike nukes, were never seen by the countries that had them as ways of projecting their power to their neighbours or throughout the world, even if they never used them, he said.


    He pointed out that the last word on the difficulty which nuclear weapons countries have in giving them up was spoken years ago by Juan Marin Bosch.


    In his capacity as Mexico’s ambassador for disarmament, he said, in refreshingly undiplomatic language: “The big boys are scared shit that we’re going to take away their toys,” recounted Weiss, who is also a vice president of the International Association of Lawyers Against Nuclear Arms (IALANA).


    Alyn Ware, director of the New Zealand-based Peace Foundation, said during the past four decades the international community has achieved treaties prohibiting and eliminating inhumane weapons such as anti-personnel landmines, cluster munitions, biological weapons and chemical weapons.


    However, the prohibition and elimination of nuclear weapons, the most inhumane and destructive of all, remains elusive.


    Ware acknowledged the role played by civil society in achieving the mine ban treaty and the convention on cluster munitions. He said two key factors in the success were a focus on the humanitarian consequences of the use of these weapons, and the application of international humanitarian law.


    Ware also said that civil society action has been effective in changing public attitudes to nuclear weapons, especially in the states possessing nuclear weapons or covered by extended nuclear deterrence.


    Whereas public opinion polls in the 1980s indicated majority acceptance of nuclear weapons, recent public opinion polls indicate the majority now supports the prohibition and elimination of nuclear weapons, he noted.


    However, such a change in public opinion appears to have had only a minimal impact on government policy.


    But there has been a slight shift, in that most governments now accept the vision and responsibility for achieving a nuclear weapons-free world, he added.


    Nonetheless, said Ware, few of the nuclear weapons states or their allies are prepared to abandon nuclear deterrence, prohibit the threat or use of nuclear weapons, or commence negotiations on anything other than minimal steps towards disarmament.


    The real potential of civil society to effect change in nuclear weapons policy is probably somewhere in between two polarised perspectives: public pressure is not irrelevant to a political realist world, but nor is it a magic cure that will by itself deliver the abolition of nuclear weapons, Ware declared.


    Dr Mary-Wynne Ashford of the International Physicians for the Prevention of Nuclear War said there are many NGOs working on the issue of nuclear disarmament, including the International Campaign Against Nuclear Weapons (ICAN).


    “Yes, an NGO campaign is practicable and feasible,” she said. “I think consistent pressure from civil society is essential to motivate the nuclear weapons states to move to zero.”


    Doctors continue to raise the issues of the health consequences of the entire nuclear cycle from mining to production of weapons, said Ashford, who is also an associate professor at the University of Victoria in Canada.


    Dr Dale Dewar, executive director of Physicians for Global Survival (PGS), told IPS her organisation has been sustained by donors for 30 years in its campaign for a nuclear weapons-free world.


    “It will continue to do so as long as a donor base is willing to support it,” she added.


    Nancy Covington, also of PGS, told IPS: “I personally don’t see any other option than to mobilise civil society.”


    “If there is enough public education (on nuclear disarmament), then maybe civil society can make a strong enough statement that we can be heard,” she declared.

  • A Recipe for Survival

    After two mostly wasted decades since the end of the Cold War, nuclear disarmament is again high on the international agenda.

    President Obama has pledged to seek a world free of nuclear weapons – a legal commitment under the Non-Proliferation Treaty – and, as a first step, to negotiate further cuts in nuclear stockpiles with Russia. These two countries combined hold 95 percent of the world’s nuclear arsenal.

    Former statesmen are getting together to demand the scrapping of all nuclear weapons. After eight years in which arms control was not a priority for the United States, the fog has lifted. The challenge now is how to ensure that this new enthusiasm does not fizzle out.

    The change of heart has been motivated not just by idealism but by a sober realization that the risk of nuclear weapons being used is increasing significantly.

    Next time, the culprit could well be a terrorist group for whom the concept of deterrence, which helped the world until now to escape a nuclear Armageddon, is irrelevant.

    The nonproliferation regime is starting to come apart at the seams. Sensitive technology thought to be the preserve of a few advanced countries has recently been acquired with alarming ease by others. Possession of nuclear weapons is still seen as conferring prestige and providing an insurance policy against attack, as Iraq and North Korea seem to demonstrate.

    Nuclear weapon states, which between them have some 27,000 warheads, reinforce this message by modernizing their nuclear arsenals. To make matters worse, countries that master uranium enrichment can have a bomb within months if they so decide.

    Fortunately, there is now an emerging consensus on what could and should be done:

    • Bring the Comprehensive Test Ban Treaty into force and ban the development of new nuclear weapons;
    • Initiate negotiations on a verifiable Fissile Material Cut-Off Treaty that would ban the production of material for nuclear weapons;
    • Negotiate a successor for the START treaty between Russia and the United States, which expires this year, containing significant, verifiable cuts in their nuclear warheads. An initial target could be to cut to 1,000 or even 500 warheads on each side;
    • Extend the warning time for possible nuclear attack. As an insane relic of the Cold War, Russian and United States leaders may have no more than 30 minutes to respond to an apparent attack that could be the result of computer error or unauthorized use;
    • Develop a mechanism to put all facilities for enriching uranium and reprocessing plutonium under multinational control. This would give countries guaranteed supplies of fuel for peaceful nuclear power but not access to the material needed to build a weapon;
    • Give the International Atomic Energy Agency sufficient legal authority, technological capabilities and resources to credibly verify the disarmament process and to ensure that non-nuclear-weapon states use nuclear energy exclusively for peaceful purposes. The IAEA and the Security Council together must be able to effectively deter, detect and respond to possible proliferation cheats;
    • Radically improve the physical security of nuclear materials.

    Recent statements by the Obama administration give us hope that some of these measures can be adopted quickly. However, the deep-rooted causes of the insecurity that have plagued the world for decades need to be addressed simultaneously if durable security is to be attained.

    First, poverty and inequality. The links between poverty, repression and injustice, on the one hand, and extremism and violence, on the other, are clear for all to see. We must learn to value all human life equally. Developed countries – quick to react when the lives of their own citizens are at stake – give the clear impression that they do not really care about the lives of the world’s poor.

    Second, festering conflicts. The Middle East, home to the world’s most perilous and intractable conflict, will never be at peace until the Palestinian question is resolved. What compounds the problem is that the nuclear nonproliferation regime has lost its legitimacy in the eyes of Arab public opinion because of the perceived double-standards concerning Israel, the only state in the region outside the NPT and known to possess nuclear weapons.

    Iraq and Libya are unlikely to be the last countries in the Middle East to be tempted to acquire nuclear weapons. Concerns about current and future nuclear programs in the region will persist until a lasting peace is achieved and all nuclear weapons in the area are eliminated as part of a regional security structure. The Obama administration’s pledge to engage in direct diplomacy with Iran, without preconditions and on the basis of mutual respect, and to seek a grand bargain, is long overdue.

    Third, the weakness of international institutions. The most pressing threats facing the world, such as weapons of mass destruction, terrorism, the global financial crisis and climate change, can only be addressed through collaborative global action.

    For that we need multilateral institutions. We must overcome the cynicism that has too often characterized government attitudes to the UN. The UN and related agencies must be given adequate authority and funding and put in the hands of leaders who have vision, courage and credibility.

    Above all, we need to halt the glaring breach of core principles of international law such as limitations on the unilateral use of force, proportionality in self-defense and the protection of civilians during hostilities in order to avoid a repeat of the civilian carnage in Iraq and, most recently, in Gaza.

    A convincing response to these challenges requires a new system of security. The Security Council, often paralyzed and with its authority dwindling due to frequent discord, needs to be reformed to reflect the world of today and not of 1945. It should have a robust and well defined peacekeeping capability to prevent the massacre of innocent millions in places like Congo, Rwanda and Darfur. The Council should be systematically engaged in preventing and resolving conflicts, addressing root causes and not just symptoms.

    Nuclear disarmament is key to our very survival. We now have another chance to create a saner, safer world by working to eliminate the nuclear sword of Damocles that hangs over all our heads. Let us not waste this opportunity.

     

    Mohamed ElBaradei is Director General of the International Atomic Energy Agency.

  • Statement of Costa Rican President on Reducing Military Spending

    This speech was delivered to the United Nations Security Council on November 19, 2008

    A curious tale from Scandinavian mythology tells of two kings condemned to fight one another for eternity. If one succeeded in killing the other, the victim would rise again to continue their struggle until the last day of the world. The story has several versions, but, in all of them, the kings and their armies are revived each morning with new weapons, ready to take to the field of battle once more. This fantasy, product of a warrior culture, became a painful premonition of the events that would mark, with blood, the history of the twentieth century: an escalation of weapons, enemies, threats and war that ended the lives of hundreds of millions of people and forced us into the trenches of international insecurity.

    There lies the reason for the creation of this Security Council: in the search for solutions to the endless battle within the human species, fed by the frenzy of the arms race. It is unlikely that any organization has ever been set a more ambitious task than that. And it is unlikely that any organization has faced more difficult choices. Many of those dilemmas remain to be resolved but their answer can be found, without a doubt, in the content of the Charter of the United Nations. In 1945, with the smoke still clearing after the worst war in human memory, the founders of this Organization wrote in Article 26 of the Charter of the United Nations:

    “In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.”

    The wording of that Article is no accident. It makes a statement of which this Council must take note, to the fullest extent of its meaning: spending on arms is a diversion of human and economic resources; that is to say, a use that is not correct. As a minimum, the Charter asks us to accept that excessive military spending exacts an infinite cost in opportunity.

    These are not the delusions of a citizen of the first country in history to abolish its army and declare peace on the world. They are not the dreams of a Nobel Peace laureate. This is the text that holds up this building. It is the text that justifies any action of this Security Council. Article 26 has been, until now, a dead letter in the vast cemetery of intentions for world peace. But in that place there also rests the possibility of reviving that intention; of giving it the meaning intended by those who precede us in this struggle.

    “The least diversion of resources” means, first and foremost, finding alternatives to excessive military spending that do not damage security. One of those alternatives is to strengthen multilateralism. As long as nations do not feel protected by strong regional organizations with real powers to act, they will continue to arm themselves at the expense of their peoples’ development — of the poorest, in particular — and at the expense of international security. The Security Council must support, as a guarantor of collective security, multilateral accords adopted in our various regional organisms. Costa Rica will work along these lines during the coming year as a way to generate an environment that allows for the gradual reduction of military spending.

    Ours is an unarmed nation but it is not a naïve nation. We have not come here to lobby for the abolition of all armies. We have not even come to urge the drastic reduction of world military spending, which has now reached $3.3 billion a day — which is shameful. But a gradual reduction is not only possible, but also imperative, in particular for developing nations.

    I am well aware that neither this Organization nor this Council nor any of its Members can decide how much other countries spend on arms and soldiers. But we can decide how much international aid they receive and on which principles such aid is based. With the money that some developing nations spend on a single combat plane, they could buy 200,000 MIT Media Lab computers for students with limited resources. With the money they spend on a single helicopter, they could pay $100 monthly grants for a whole year to 5,000 students at risk of dropping out of school. The perverse logic that impels a poor nation to spend excessive sums on its armies and not on meeting the needs of its people is exactly the antithesis of human security and is ultimately a serious threat to international security.

    That is why my Government has presented the Costa Rica Consensus, an initiative to create mechanisms to forgive debts and support with international financial resources those developing countries which increase spending on environmental protection, education, healthcare and housing for their people and decrease spending on weapons and soldiers.

    In other words, this initiative seeks to reward developing countries, whether poor or middle-income, that divert increasingly fewer of their economic and human resources to the purchase of arms, just as stipulated in Article 26 of the Charter of the United Nations. Today, I ask members for their support in making the Consensus of Costa Rica a reality.

    I also ask members for their support for the arms trade treaty that Costa Rica, along with other nations, presented to the United Nations in 2006. This treaty seeks to prohibit the sale of arms to States, groups or individuals, when there is sufficient reason to believe that they will be used to violate human rights or international law. I do not know how much longer we can survive unless we realize that it is just as terrible to kill many people, little by little, every day, as it is to kill many people in a single day. The destructive power of the 640 million small arms and light weapons that exist in the world, 74 per cent of which are in the hands of civilians, has proven to be more lethal than that of nuclear weapons and constitutes one of the principal motors of national and international insecurity.

    Costa Rica knows that the members of this Council include some of the countries that top the list for the sale and purchase of small arms and light weapons in the world. But my country also knows that those nations have recognized terrorism and drug trafficking as serious threats to international security.

    International organized crime depends on arms trafficking, which until now has flowed with terrifying freedom across our borders, with the result that these same powerful nations suffer the consequences. Although the treaty would not eliminate the existence of such criminal groups, it would certainly limit their operations.

    If we do not succeed with these measures, if the Costa Rica Consensus does not win the support of developed nations and if the arms trade treaty sinks in the waters of this organization, our pursuit of the Millennium Development Goals will become nothing more than the impossible dream of a world that, like Sisyphus, labors without rest towards an unattainable goal.

    We are working to eradicate extreme poverty and hunger and, yet, armed conflicts constitute the principal cause of hunger in our world. We are working to improve health care, particularly maternal health and the fight against AIDS and malaria. Yet, military spending drains millions of dollars from the health-care budgets of poor countries. The Millennium Development Goals were brave words, but they will never be more than words if we do not regulate arms or devise incentives to reduce global military spending.

    Humanity can break the chain that, until now, has forced us to spend our centuries in an incessant and fratricidal struggle. That was the belief of those who founded this Organization. The enormous mission entrusted to this Council is not a failed expectation, but it is a rocky path. Maintaining peace will never be a simple task, nor will it ever be completed. But, I assure you that strengthening multilateralism, reducing military spending in favor of human development and regulating the international arms trade are steps in the right direction, the same as that marked out 63 years ago by those who, having survived atrocities, were nonetheless able to hope.

    Oscar Arias is a Nobel Peace laureate and President of Costa Rica.
  • A Leading Role for the Security Council

    In the past month, the world has witnessed something previously unknown: a common stand taken by America, Russia, Europe, India, China, Cuba, most of the Islamic world and numerous other regions and countries. Despite many serious differences between them, they united to save civilization.

    It is now the responsibility of the world community to transform the coalition against terrorism into a coalition for a peaceful world order. Let us not, as we did in the 1990’s, miss the chance to build such an order.

    Concepts like solidarity and helping third world countries to fight poverty and backwardness have disappeared from the political vocabulary. But if these concepts are not revived politically, the worst scenarios of a clash of civilizations could become reality.

    I believe the United Nations Security Council should take the lead in fighting terrorism and in dealing with other global problems. All the main issues considered by the United Nations affect mankind’s security. It is time to stop reviling the United Nations and get on with the work of adapting the institution to new tasks.

    Concrete steps should include accelerated nuclear and chemical disarmament and control over the remaining stocks of dangerous substances, including chemical and biological agents. No amount of money is too much for that. I hope the United States will support the verification protocol of the convention banning biological weapons and ratify the treaty to prohibit all nuclear tests ‹ though both steps would reverse the Bush administration’s current positions.

    We should also heed those who have pointed out the negative consequences of globalization for hundreds of millions of people. Globalization cannot be stopped, but it can be made more humane and more balanced for those it affects.

    If the battle against terrorism is limited to military operations, the world could be the loser. But if it becomes an integral part of common efforts to build a more just world order, everyone will win ‹ including those who now do not support American actions or the antiterrorism coalition. Those people, and they are many, should not all be branded as enemies.

    Russia has shown its solidarity with America. President Vladimir Putin immediately sent a telegram to President Bush on Sept. 11 condemning the “inhuman act” of that day. Russia has been sharing information, coordinating positions with the West and with its neighbors, opening its air space, and providing humanitarian assistance to the Afghan people and weapons to the Northern Alliance.

    This has been good policy. But we should bear in mind that both in the Russian establishment and among the people, reaction to it has been mixed. Some people are still prone to old ways of understanding the world and Russia’s place in it. Others sincerely wonder whether the world’s most powerful country should be bombing impoverished Afghanistan. Still others ask: We have supported America in its hour of need, but will it meet us halfway on issues important to us?

    I am sure Russia will be a serious partner in fighting international terrorism. But equally, it is important that its voice be heard in building a new international order. If not, Russians could conclude that they have merely been used.

    Irritants in American-Russian relations ‹ issues like missile defense and the admission of new members to the North Atlantic Treaty Organization ‹ will be addressed in due course, but they will be easier to solve once we have moved toward a new global agenda and a deeper partnership between our two countries.

    Finally, it would be wrong to use the battle against terrorism to establish control over countries or regions. This would discredit the coalition and close off the prospect of transforming it into a powerful mechanism for building a peaceful world.

    Turning the coalition against terror into an alliance that works to achieve a just international order would be a lasting memorial to the thousands of victims of the Sept. 11 tragedy.

  • Resolution 1205 (1998)

    Adopted by the Security Council at its 3939th meeting.

    The Security Council,

    Recalling all its previous relevant resolutions on the situation in Iraq, in particular its resolution 1154 (1998) of 2 March 1998 and 1194 (1998) of 9 September 1998,

    Noting with alarm the decision of Iraq on 31 October 1998 to cease cooperation with the United Nations Special Commission, and its continued restrictions on the work of the International Atomic Energy Agency (IAEA),

    Noting the letters from the Deputy Executive Chairman of the Special Commission of 31 October 1998 (S/1998/1023) and from the Executive Chairman of the Special Commission of 2 November 1998 (S/1998/1032) to the President of the Security Council, which reported to the Council the decision by Iraq and described the implications of that decision for the work of the Special Commission, and noting also the letter from the Director General of the IAEA of 3 November 1998 (S/1998/1033, annex) which described the implications of the decision for the work of the IAEA,

    Determined to ensure immediate and full compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) of 3 April 1991 and the other relevant resolutions,

    Recalling that the effective operation of the Special Commission and the IAEA is essential for the implementation of resolution 687 (1991),

    Reaffirming its readiness to consider, in a comprehensive review, Iraq’s compliance with its obligations under all relevant resolutions once Iraq has rescinded its above-mentioned decision and its decision of 5 August 1998 and demonstrated that it is prepared to fulfil all its obligations, including in particular on disarmament issues, by resuming full cooperation with the Special Commission and the IAEA consistent with the Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February 1998 (S/1998/166), endorsed by the Council in resolution 1154 (1998),

    Reiterating the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq,

    Acting under Chapter VII of the Charter of the United Nations,

    1. Condemns the decision by Iraq of 31 October 1998 to cease cooperation with the Special Commission as a flagrant violation of resolution 687 (1991) and other relevant resolutions;

    2. Demands that Iraq rescind immediately and unconditionally the decision of 31 October 1998, as well as the decision of 5 August 1998, to suspend cooperation with the Special Commission and to maintain restrictions on the work of the IAEA, and that Iraq provide immediate, complete and unconditional cooperation with the Special Commission and the IAEA;

    3. Reaffirms its full support for the Special Commission and the IAEA in their efforts to ensure the implementation of their mandates under the relevant resolutions of the Council;

    4. Expresses its full support for the Secretary-General in his efforts to seek full implementation of the Memorandum of Understanding of 23 February 1998;

    5. Reaffirms its intention to act in accordance with the relevant provisions of resolution 687 (1991) on the duration of the prohibitions referred to in that resolution, and notes that by its failure so far to comply with its relevant obligations Iraq has delayed the moment when the Council can do so;

    6. Decides, in accordance with its primary responsibility under the Charter for the maintenance of international peace and security, to remain actively seized of the matter.

  • Resolution 687 (1991)

    Adopted by the Security Council at its 2981st meeting

    The Security Council,

    Recalling its resolutions 660 (1990) of 2 August 1990, 661 (1990) of 6 August 1990, 662 (1990) of 9 August 1990, 664 (1990) of 18 August 1990, 665 (1990) of 25 August 1990, 666 (1990) of 13 September 1990, 667 (1990) of 16 September 1990, 669 (1990) of 24 September 1990, 670 (1990) of 25 September 1990, 674 (1990) of 29 October 1990, 677 (1990) of 28 November 1990, 678 (1990) of 29 November 1990 and 686 (1991) of 2 March 1991,

    Welcoming the restoration to Kuwait of its sovereignty, independence and territorial integrity and the return of its legitimate Government,

    Affirming the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq, and noting the intention expressed by the Member States cooperating with Kuwait under paragraph 2 of resolution 678 (1990) to bring their military presence in Iraq to an end as soon as possible consistent with paragraph 8 of resolution 686 (1991),

    Reaffirming the need to be assured of Iraq’s peaceful intentions in the light of its unlawful invasion and occupation of Kuwait.

    Taking note of the letter sent by the Minister for Foreign Affairs of Iraq on 27 February 1991 and those sent pursuant to resolution 686 (1991),

    Noting that Iraq and Kuwait, as independent sovereign States, signed at Baghdad on 4 October 1963 “Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and Related Matters”, thereby recognizing formally the boundary between Iraq and Kuwait and the allocation of islands, which were registered with the United Nations in accordance with Article 102 of the Charter of the United Nations and in which Iraq recognized the independence and complete sovereignty of the State of Kuwait within its borders as specified and accepted in the letter of the Prime Minister of Iraq dated 21 July 1932, and as accepted by the Ruler of Kuwait in his letter dated 10 August 1932,

    Conscious of the need for demarcation of the said boundary,

    Conscious also of the statements by Iraq threatening to use weapons in violation of its obligations under the Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and of its prior use of chemical weapons and affirming that grave consequences would follow any further use by Iraq of such weapons,

    Recalling that Iraq has subscribed to the Declaration adopted by all States participating in the Conference of States Parties to the 1925 Geneva Protocol and Other Interested States, held in Paris from 7 to 11 January 1989, establishing the objective of universal elimination of chemical and biological weapons,

    Recalling also that Iraq has signed the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin weapons and on Their Destruction, of 10 April 1972,

    Noting the importance of Iraq ratifying this Convention,

    Noting moreover the importance of all States adhering to this Convention and encouraging its forthcoming Review Conference to reinforce the authority, efficiency and universal scope of the convention,

    Stressing the importance of an early conclusion by the Conference on Disarmament of its work on a Convention on the Universal Prohibition of Chemical Weapons and of universal adherence thereto,

    Aware of the use by Iraq of ballistic missiles in unprovoked attacks and therefore of the need to take specific measures in regard to such missiles located in Iraq,

    Concerned by the reports in the hands of Member States that Iraq has attempted to acquire materials for a nuclear-weapons programme contrary to its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968,

    Recalling the objective of the establishment of a nuclear- weapons-free zone in the region of the Middle East,

    Conscious of the threat that all weapons of mass destruction pose to peace and security in the area and of the need to work towards the establishment in the Middle East of a zone free of such weapons,

    Conscious also of the objective of achieving balanced and comprehensive control of armaments in the region,

    Conscious further of the importance of achieving the objectives noted above using all available means, including a dialogue among the States of the region,

    Noting that resolution 686 (1991) marked the lifting of the measures imposed by resolution 661 (1990) in so far as they applied to Kuwait,

    Noting that despite the progress being made in fulfilling the obligations of resolution 686 (1991), many Kuwaiti and third country nationals are still not accounted for and property remains unreturned,

    Recalling the International Convention against the Taking of Hostages, opened for signature at New York on 18 December 1979, which categorizes all acts of taking hostages as manifestations of international terrorism,

    Deploring threats made by Iraq during the recent conflict to make use of terrorism against targets outside Iraq and the taking of hostages by Iraq,

    Taking note with grave concern of the reports of the Secretary-General of 20 March 1991 and 28 March 1991, and conscious of the necessity to meet urgently the humanitarian needs in Kuwait and Iraq,

    Bearing in mind its objective of restoring international peace and security in the area as set out in recent resolutions of the Security Council,

    Conscious of the need to take the following measures acting under Chapter VII of the Charter,

    1. Affirms all thirteen resolutions noted above, except as expressly changed below to achieve the goals of this resolution, including a formal cease-fire:

    A
    2. Demands that Iraq and Kuwait respect the inviolability of the international boundary and the allocation of islands set out in the “Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and Related Matters”, signed by them in the exercise of their sovereignty at Baghdad on 4 October 1963 and registered with the United Nations and published by the United Nations in document 7063, United Nations, Treaty Series, 1964;

    3. Calls upon the Secretary-General to lend his assistance to make arrangements with Iraq and Kuwait to demarcate the boundary between Iraq and Kuwait, drawing on appropriate material, including the map transmitted by Security Council document S/22412 and to report back to the Security Council within one month;

    4. Decides to guarantee the inviolability of the above-mentioned international boundary and to take as appropriate all necessary measures to that end in accordance with the Charter of the United Nations;

    B
    5. Requests the Secretary-General, after consulting with Iraq and Kuwait, to submit within three days to the Security Council for its approval a plan for the immediate deployment of a United Nations observer unit to monitor the Khor Abdullah and a demilitarized zone, which is hereby established, extending ten kilometres into Iraq and five kilometres into Kuwait from the boundary referred to in the “Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and Related Matters” of 4 October 1963; to deter violations of the boundary through its presence in and surveillance of the demilitarized zone; to observe any hostile or potentially hostile action mounted from the territory of one State to the other; and for the Secretary-General to report regularly to the Security Council on the operations of the unit, and immediately if there are serious violations of the zone or potential threats to peace;

    6. Notes that as soon as the Secretary-General notifies the Security Council of the completion of the deployment of the United Nations observer unit, the conditions will be established for the Member States cooperating with Kuwait in accordance with resolution 678 (1990) to bring their military presence in Iraq to an end consistent with resolution 686 (1991);

    C
    7. Invites Iraq to reaffirm unconditionally its obligations under the Geneva Protocol for the Prohibition of the Use in War of Asphyxiating Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and to ratify the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, of 10 April 1972;

    8. Decides that shall unconditionally accept the destruction, removal, or rendering harmless, under international supervision, of:

    1. All chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities;
    2. All ballistic missiles with a range greater than 150 kilometres and related major parts, and repair and production facilities;

    9. Decides, for the implementation of paragraph 8 above, the following:

    1. Iraq shall submit to the Secretary-General, within fifteen days of the adoption of the present resolution, a declaration of the locations, amounts and types of all items specified in paragraph 8 and agree to urgent, on-site inspection as specified below;
    2. The Secretary-General, in consultation with the appropriate Governments and, where appropriate, with the Director-General of the World Health Organization, within forty-five days of the passage of the present resolution, shall develop, and submit to the Council for approval, a plan calling for the completion of the following acts within forty-five days of such approval:
      1. The forming of a Special Commission, which shall carry out immediate on-site inspection of Iraq’s biological, chemical and missile capabilities, based on Iraq’s declarations and the designation of any additional locations by the Special Commission itself;
      2. The yielding by Iraq of possession to the Special Commission for destruction, removal or rendering harmless, taking into account the requirements of public safety, of all items specified under paragraph 8 (a) above, including items at the additional locations designated by the Special Commission under paragraph 9 (b) (i) above and the destruction by Iraq, under the supervision of the Special Commission, of all its missile capabilities, including launchers, as specified under paragraph 8 (b) above;
      3. The provision by the Special Commission of the assistance and cooperation to the Director-General of the International Atomic Energy Agency required in paragraphs 12 and 13 below;

    10. Decides that Iraq shall unconditionally undertake not to use, develop, construct or acquire any of the items specified in paragraphs 8 and 9 above and requests the Secretary-General, in consultation with the Special Commission, to develop a plan for the future ongoing monitoring and verification of Iraq’s compliance with this paragraph. to be submitted to the Security Council for approval within one hundred and twenty days of the passage of this resolution;

    11. Invites Iraq to reaffirm unconditionally its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968;

    12. Decides that Iraq shall unconditionally agree not to acquire or develop nuclear weapons or nuclear-weapons-usable material or any subsystems or components or any research, development, support or manufacturing facilities related to the above; to submit to the Secretary-General and the Director-General of the International Atomic Energy Agency within fifteen days of the adoption of the present resolution a declaration of the locations, amounts, and types of all items specified above; to place all of its nuclear-weapons-usable materials under the exclusive control, for custody and removal, of the International Atomic Energy Agency, with the assistance and cooperation of the Special Commission as provided for in the plan of the Secretary-General discussed in paragraph 9 (b) above; to accept, in accordance with the arrangements provided for in paragraph 13 below, urgent on-site inspection and the destruction, removal or rendering harmless as appropriate of all items specified above; and to accept the plan discussed in paragraph 13 below for the future ongoing monitoring and verification of its compliance with these undertakings;

    13. Requests the Director-General of the International Atomic Energy Agency, through the Secretary-General, with the assistance and cooperation of the Special Commission as provided for in the plan of the Secretary-General in paragraph 9 (b) above, to carry out immediate on-site inspection of Iraq’s nuclear capabilities based on Iraq’s declarations and the designation of any additional locations by the Special Commission; to develop a plan for submission to the Security Council within forty-five days calling for the destruction, removal, or rendering harmless as appropriate of all items listed in paragraph 12 above; to carry out the plan within forty-five days following approval by the Security Council; and to develop a plan, taking into account the rights and obligations of Iraq under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968, for the future ongoing monitoring and verification of Iraq’s compliance with paragraph 12 above, including an inventory of all nuclear material in Iraq subject to the Agency’s verification and inspections of the International Atomic Energy Agency to confirm that the Agency’s safeguards cover all relevant nuclear activities in Iraq, to be submitted to the Security Council for approval within one hundred and twenty days of the passage of the present resolution;

    14. Takes note that the actions to be taken by Iraq in paragraphs 8, 9, 10, 11, 12 and 13 of the present resolution represent steps towards the goal of establishing in the Middle East a zone free from weapons of mass destruction and all missiles for their delivery and the objective of a global ban on chemical weapons:

    D
    15. Requests the Secretary-General to report to the Security Council on the steps taken to facilitate the return of all Kuwaiti property seized by Iraq, including a list of any property that Kuwait claims has not been returned or which has not been returned intact;

    E
    16. Reaffirms that Iraq, without prejudice to the debts and obligations of Iraq arising prior to 2 August 1990, which will be addressed through the normal mechanisms, is liable under international law for any direct loss, damage, including environmental damage and the depletion of natural resources, or injury to foreign Governments, nationals and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait;

    17. Decides that all Iraqi statements made since 2 August 1990 repudiating its foreign debt are null and void, and demands that Iraq adhere scrupulously to all of its obligations concerning servicing and repayment of its foreign debt;

    18. Decides also to create a fund to pay compensation for claims that fall within paragraph 16 above and to establish a Commission that will administer the fund;

    19. Directs the Secretary-General to develop and present to the Security Council for decision, no later than thirty days following the adoption of the present resolution, recommendations for the fund to meet the requirement for the programme to implement the decisions in paragraphs 16, 17 and 18 above, including: administration of the fund; mechanisms for determining the appropriate level of Iraq’s contribution to the fund based on a percentage of the value of the exports of petroleum and petroleum products from Iraq not to exceed a figure to be suggested to the Council by the Secretary-General, taking into account the requirements of the people of Iraq, Iraq’s payment capacity as assessed in conjunction with the international financial institutions taking into consideration external debt service, and the needs of the Iraqi economy; arrangements for ensuring that payments are made to the fund; the process by which funds will be allocated and claims paid; appropriate procedures for evaluating losses, listing claims and verifying their validity and resolving disputed claims in respect of Iraq’s liability as specified in paragraph 16 above; and the composition of the Commission designated above.

    F
    20. Decides, effective immediately, that the prohibitions against the sale or supply to Iraq of commodities or products, other than medicine and health supplies, and prohibitions against financial transactions related thereto contained in resolution 661 (1990) shall not apply to foodstuffs notified to the Security Council Committee established by resolution 661 (1990) concerning the situation between Iraq and Kuwait or, with the approval of that Committee, under the simplified and accelerated “no-objection” procedure, to materials and supplies for essential civilian needs as identified in the report of the Secretary-General dated 20 March 19919, and in any further findings of humanitarian need by the Committee;

    21. Decides that the Security Council shall review the provisions of paragraph 20 above every sixty days in the light of the policies and practices of the Government of Iraq, including the implementation of all relevant resolutions of the Security Council, for the purpose of determining whether to reduce or lift the prohibitions referred to therein;

    22. Decides that upon the approval by the Security Council of the programme called for in paragraph 19 above and upon Council agreement that Iraq has completed all actions contemplated in paragraphs 8, 9, 10, 11, 12 and 13 above, the prohibitions against the import of commodities and products originating in Iraq and the prohibitions against financial transactions related thereto contained in resolution 661 (1990) shall have no further force or effect;

    23. Decides that, pending action by the Security Council Committee established by resolution 661 (1990) shall be empowered to approve, when required to assure adequate financial resources on the part of Iraq to carry out the activities under paragraph 20 above, exceptions to the prohibition against the import of commodities and products originating in Iraq;

    24. Decides that, in accordance with resolution 661 (1990) and subsequent related resolutions and until a further decision is taken by the Security Council, all States shall continue to prevent the scale or supply, or the promotion or facilitation of such sale or supply, to Iraq by their nationals, or from their territories or using their flag vessels or aircraft, of:

    1. Arms and related matérial of all types, specifically including the sale or transfer through other means of all forms of conventional military equipment, including for paramilitary forces, and spare parts and components and their means of production, for such equipment;
    2. Items specified and defined in paragraphs 8 and 12 above not otherwise covered above;
    3. Technology under licensing or other transfer arrangements used in the production, utilization or stockpiling of items specified in subparagraphs (a) and (b) above;
    4. Personnel or materials for training or technical support services relating to the design, development, manufacture, use, maintenance or support of items specified in subparagraphs (a) and (b) above;

    25. Calls upon all States and international organizations to act strictly in accordance with paragraph 24 above, notwithstanding the existence of any contracts, agreements, licenses of any other arrangements;

    26. Requests the Secretary-General, in consultation with appropriate Governments, to develop within sixty days, for the approval of the security Council, guidelines to facilitate full international implementation of paragraphs 24 and 25 above and paragraph 27 below, and to make them available to all States and to establish a procedure for updating these guidelines periodically;

    27. Calls upon all States to maintain such national controls and procedures and to take such other actions consistent with the guidelines to be established by the Security Council under paragraph 26 above as may be necessary to ensure compliance with the terms of paragraph 24 above, and calls upon international organizations to take all appropriate steps to assist in ensuring such full compliance;

    28. Agrees to review its decisions in paragraphs 22,23,24 and 25 above, except for the items specified and defined in paragraphs 8 and 12 above, on a regular basis and in any case one hundred and twenty days following passage of the present resolution, taking into account Iraq’s compliance with the resolution and general progress towards the control of armaments in the region;

    29. Decides that all States, including Iraq, shall take the necessary measures to ensure that no claim shall lie at the instance of the Government of Iraq, or of any person or body in Iraq, or of any person claiming through or for the benefit of any such person or body, in connection with any contract or other transaction where its performance was affected by reason of the measures taken by the Security Council in resolution 661 (1990) and related resolutions;

    G
    30. Decides that, in furtherance of its commitment to facilitate the repatriation of all Kuwaiti and third country nationals, Iraq shall extend all necessary cooperation to the International Committee of the Red Cross, providing lists of such persons, facilitating the access of the International Committee of the Red Cross to all such persons wherever located or detained and facilitating the search by the International Committee of the Red Cross for those Kuwaiti and third country nationals still unaccounted for;

    31. Invites the International Committee of the Red Cross to keep the Secretary-General apprised as appropriate of all activities undertaken in connection with facilitating the repatriation or return of all Kuwaiti and third country nationals or their remains present in Iraq on or after 2 August 1990;

    H
    32. Requires Iraq to inform the Security Council that it will not commit or support any act of international terrorism or allow any organization directed towards commission of such acts to operate within its territory and to condemn unequivocally and renounce all acts, methods and practices of terrorism;

    I
    33. Declares that, upon official notification by Iraq to the Secretary-General and to the Security Council of its acceptance of the provisions above, a formal cease-fire is effective between Iraq and Kuwait and the Member States cooperating with Kuwait in accordance with resolution 678 (1990);

    34. Decides to remain seized of the matter and to take such further steps as may be required for the implementation of the present resolution and to secure peace and security in the area.