United Nations Security Council Resolution 1441
Encyclopedia
United Nations Security Council Resolution 1441 is a United Nations Security Council resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....

 adopted unanimously by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 on November 8, 2002, offering Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

 under Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...

 "a final opportunity to comply with its disarmament obligations" that had been set out in several previous resolutions (Resolution 660
United Nations Security Council Resolution 660
United Nations Security Council Resolution 660, adopted on August 2, 1990, after noting its alarm of the invasion of Kuwait by Iraq, the Council condemned the invasion and demanded Iraq withdraw immediately and unconditionally to positions as they were on August 1, 1990.Yemen called upon Iraq and...

, Resolution 661
United Nations Security Council Resolution 661
In United Nations Security Council Resolution 661, adopted on August 6, 1990, reaffirming Resolution 660 and noting Iraq's refusal to comply with it and Kuwait's right of self-defence, the Council took steps to implement international sanctions on Iraq under Chapter VII of the United Nations Charter...

, Resolution 678
United Nations Security Council Resolution 678
United Nations Security Council Resolution 678, adopted on November 29, 1990, after reaffirming resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674 and 677 , the Council noted that despite all the United Nations efforts, Iraq continued to defy the Security Council.-Details:The Council,...

, Resolution 686
United Nations Security Council Resolution 686
United Nations Security Council Resolution 686, adopted on March 2, 1991, after reaffirming resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, 677 and 678 , the Council noted the suspension of military activities against Iraq and that all twelve resolutions continue to have full force...

, Resolution 687
United Nations Security Council Resolution 687
United Nations Security Council Resolution 687, adopted on April 3, 1991, after reaffirming resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, 677, 678 and 686 , the Council set the terms, in a comprehensive resolution, with which Iraq was to comply after losing the Gulf War.The...

, Resolution 688
United Nations Security Council Resolution 688
United Nations Security Council Resolution 688, adopted on April 5, 1991, after receiving letters from the representatives of France, Iran and Turkey and expressing its concern over repression of the Iraqi people, including those in Iraqi Kurdistan, the Council condemned the repression and...

, Resolution 707
United Nations Security Council Resolution 707
United Nations Security Council Resolution 707, adopted unanimously on August 15, 1991, after recalling Resolution 687 and hearing representations from the International Atomic Energy Agency and United Nations Special Commission, the Council, acting under Chapter VII, condemned Iraq for...

, Resolution 715
United Nations Security Council Resolution 715
United Nations Security Council Resolution 715, adopted unanimously on October 11, 1991, after recalling resolutions 687 and 707 , the Council, acting under Chapter VII of the United Nations Charter, approved plans from the International Atomic Energy Agency and Secretary-General Javier Pérez de...

, Resolution 986
United Nations Security Council Resolution 986
United Nations Security Council Resolution 986, adopted unanimously on April 14, 1995, after reaffirming all resolutions on Iraq and noting the serious humanitarian situation with the Iraqi civilian population, the Council, acting under Chapter VII of the United Nations Charter, established a...

, and Resolution 1284
United Nations Security Council Resolution 1284
United Nations Security Council Resolution 1284, adopted on December 17, 1999, after recalling previous relevant resolutions on Iraq, including resolutions 661 , 687 , 699 , 707 , 715 , 986 , 1051 , 1153 , 1175 , 1242 and 1266 , the Council established the United Nations Monitoring, Verification...

). http://archives.cnn.com/2002/US/11/08/resolution.text/

Resolution 1441 stated that Iraq was in material breach of the ceasefire terms presented under the terms of Resolution 687. Iraq's breaches related not only to weapons of mass destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...

 (WMD), but also the known construction of prohibited types of missiles, the purchase and import of prohibited armaments, and the continuing refusal of Iraq to compensate Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...

 for the widespread looting conducted by Iraqi troops during the 1990-1991 invasion and occupation
Invasion of Kuwait
The Invasion of Kuwait, also known as the Iraq-Kuwait War, was a major conflict between the Republic of Iraq and the State of Kuwait, which resulted in the seven-month long Iraqi occupation of Kuwait, which subsequently led to direct military intervention by United States-led forces in the Gulf...

. It also stated that "...false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq's obligations."

Passage of resolution

On September 12, 2002, U.S. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 addressed the General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

 and outlined a catalogue of complaints against the Iraqi government. These included:
  • "In violation of Security Council Resolution 1373
    United Nations Security Council Resolution 1373
    United Nations Security Council Resolution 1373, adopted unanimously on September 28, 2001, is a counter-terrorism measure passed following the September 11 terrorist attacks on the United States...

    , Iraq supports terrorist
    Terrorism
    Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

     organizations that direct violence against Iran, Israel
    Israel
    The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

    , and Western governments....And al-Qaida terrorists escaped from Afghanistan
    Afghanistan
    Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

     are known to be in Iraq."
  • The United Nations Commission on Human Rights
    United Nations Commission on Human Rights
    The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...

     in 2001 found "extremely grave" human rights violations
  • Iraqi production and use of weapons of mass destruction
    Iraq and weapons of mass destruction
    During the regime of Saddam Hussein, the nation of Iraq used, possessed, and made efforts to acquire weapons of mass destruction . Hussein was internationally known for his use of chemical weapons in the 1980s against Iranian and Kurdish civilians during and after the Iran–Iraq War...

     (biological weapons, chemical weapons, and long-range missiles), all in violation of U.N. resolutions.
  • Iraq used proceeds from the "oil for food" U.N. program to purchase weapons rather than food for its people.
  • Iraq flagrantly violated the terms of the weapons inspection program before discontinuing it altogether.


Following the speech, intensive negotiations began with other members of the Security Council. In particular, three permanent members (with veto power) of the Council were known to have misgivings about an invasion of Iraq: Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

, and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

.

In the meantime, Iraq, while denying all charges, announced that it would permit the re-entry of United Nations arms inspectors into Iraq. The United States characterized this as a ploy by Iraq and continued to call for a Security Council resolution which would authorize the use of military force.

The resolution text was drafted jointly by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, the result of eight weeks of tumultuous negotiations, particularly with Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

 and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

. France questioned the phrase "serious consequences" and stated repeatedly that any "material breach" found by the inspectors should not automatically lead to war; instead the UN should pass another resolution deciding on the course of action. In favour of this view is the fact that previous resolutions legitimizing war under Chapter VII used much stronger terms, like "...all necessary means…" in Resolution 678 in 1990 and that Resolution 1441 stated that the Security Council shall "remain seized of the matter."

Security Council vote

On November 8, 2002, the Security Council passed Resolution 1441 by a unanimous 15-0 vote; Russia, China, France, and Arab countries such as Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....

 voted in favor, giving Resolution 1441 wider support than even the 1990 Gulf War resolution.

While some politicians have argued that the resolution could authorize war under certain circumstances, the representatives in the meeting were clear that this was not the case. The ambassador for the United States, John Negroponte
John Negroponte
John Dimitri Negroponte is an American diplomat. He is currently a research fellow and lecturer in international affairs at Yale University's Jackson Institute for Global Affairs...

, said:

The ambassador for the United Kingdom, the co-sponsor of the resolution, said:

The message was further confirmed by the ambassador for Syria:

Implementation of resolution

Iraq agreed to the Resolution on 13 November. Weapons inspectors returned on November 27, led by Hans Blix
Hans Blix
is a Swedish diplomat and politician for the Liberal People's Party. He was Swedish Minister for Foreign Affairs . Blix was also the head of the United Nations Monitoring, Verification and Inspection Commission from March 2000 to June 2003, when he was succeeded by Dimitris Perrikos...

 of UNMOVIC and Mohamed ElBaradei of the International Atomic Energy Agency
International Atomic Energy Agency
The International Atomic Energy Agency is an international organization that seeks to promote the peaceful use of nuclear energy, and to inhibit its use for any military purpose, including nuclear weapons. The IAEA was established as an autonomous organization on 29 July 1957...

. The inspectors had been absent from Iraq since December 1998 when they were withdrawn immediately prior to Operation Desert Fox
Operation Desert Fox
The December 1998 bombing of Iraq was a major four-day bombing campaign on Iraqi targets from December 16–19, 1998 by the United States and United Kingdom...



Inspectors began visiting sites where WMD production was suspected, but found no evidence of such activities, except for 18 undeclared 122mm chemical rockets that were destroyed under UNMOVIC supervision. P. 30 As was discovered after the invasion of Iraq, no production of WMDs was taking place, and no stockpiles existed. U.N. inspectors also found that the Al-Samoud-2 and Al-fatah missiles violated U.N. range restrictions, the former also being partially destroyed under UNMOVIC supervision. Debate about Resolution 1441 therefore turns on whether, despite the absence of WMDs and the acceptance of inspections, Iraq failed to comply with the terms of the Resolution, and whether an invasion was justified in the absence of any further UN Security resolutions on the subject.

On December 7, 2002, Iraq filed its 12,000-page weapons declaration with the UN in order to meet requirements for this resolution. The five permanent members of the Security Council received unedited versions of the report, while an edited version was made available for other UN Member States. On December 19, Hans Blix reported before the United Nations and stated in regards to Iraq's December 7 report (unedited version): "During the period 1991-1998, Iraq submitted many declarations called full, final and complete. Regrettably, much in these declarations proved inaccurate or incomplete or was unsupported or contradicted by evidence. In such cases, no confidence can arise that proscribed programmes or items have been eliminated." By March, Blix declared that the December 7 report had not brought any new documentary evidence to light.

Iraq continued to fail to account for substantial chemical and biological stockpiles which UNMOVIC inspectors had confirmed as existing as late as 1998. Iraq claimed that it had disposed of its anthrax stockpiles at a specific site, but UNMOVIC found this impossible to confirm since Iraq had not allowed the destruction to be witnessed by inspectors as required by the pertinent Resolutions. Chemical testing done at the site was unable to show that any anthrax had been destroyed there.

Hans Blix and Mohamed ElBaradei presented several reports to the UN detailing Iraq's level of compliance with Resolution 1441.http://www.cnn.com/2003/US/01/27/sprj.irq.transcript.blix http://news.bbc.co.uk/1/hi/world/middle_east/2763653.stm http://news.bbc.co.uk/1/hi/world/middle_east/2763303.stm. On January 27, 2003 Chief UN Weapons Inspector Blix addressed the UN Security Council and stated "Iraq appears not to have come to a genuine acceptance -- not even today -- of the disarmament, which was demanded of it and which it needs to carry out to win the confidence of the world and to live in peace."http://www.cnn.com/2003/US/01/27/sprj.irq.transcript.blix/ Blix went on to state that the Iraqi regime had allegedly misplaced "1,000 tonnes" of VX nerve agent—one of the most toxic ever developed.http://www.cnn.com/2003/US/01/27/sprj.irq.transcript.blix/

By mid-February the issues of anthrax, the nerve agent VX
VX (nerve agent)
VX, IUPAC name O-ethyl S-[2-ethyl] methylphosphonothioate, is an extremely toxic substance whose only application is in chemical warfare as a nerve agent. As a chemical weapon, it is classified as a weapon of mass destruction by the United Nations in UN Resolution 687...

 and long-range missile
Missile
Though a missile may be any thrown or launched object, it colloquially almost always refers to a self-propelled guided weapon system.-Etymology:The word missile comes from the Latin verb mittere, meaning "to send"...

s remained unresolved. Blix's March 7 report stated "Iraq, with a highly developed administrative system, should be able to provide more documentary evidence about its proscribed weapons programmes. Only a few new such documents have come to light so far and been handed over since we began inspections."

Blix's report also stated:
At this point, the US Administration asserted that Iraq remained in material breach of the UN Resolutions, and that, under 1441, this meant the Security Council had to convene immediately "in order to consider the situation and the need for full compliance with all of the relevant Council resolutions in order to secure international peace and security".

Before the meeting took place, French president Jacques Chirac
Jacques Chirac
Jacques René Chirac is a French politician who served as President of France from 1995 to 2007. He previously served as Prime Minister of France from 1974 to 1976 and from 1986 to 1988 , and as Mayor of Paris from 1977 to 1995.After completing his studies of the DEA's degree at the...

 declared on March 10 that France would veto any resolution which would automatically lead to war. This caused open displays of dismay by the U.S. and British governments. The drive by Britain for unanimity and a "second resolution" was effectively abandoned at that point.

In the leadup to the meeting, it became apparent that a majority of UNSC members would oppose any resolution leading to war. As a result, no such resolution was put to the Council.

At the Azores
Azores
The Archipelago of the Azores is composed of nine volcanic islands situated in the middle of the North Atlantic Ocean, and is located about west from Lisbon and about east from the east coast of North America. The islands, and their economic exclusion zone, form the Autonomous Region of the...

 conference of March 16, Tony Blair, George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

, and Spanish prime minister José María Aznar
José María Aznar
José María Alfredo Aznar López served as the Prime Minister of Spain from 1996 to 2004. He is on the board of directors of News Corporation.-Early life:...

 announced the imminent deadline of March 17 for complete Iraqi compliance, with statements such as "Tomorrow is a moment of truth for the world". On the 17th, speeches by Bush and UK Foreign Secretary
Secretary of State for Foreign and Commonwealth Affairs
The Secretary of State for Foreign and Commonwealth Affairs, commonly referred to as the Foreign Secretary, is a senior member of Her Majesty's Government heading the Foreign and Commonwealth Office and regarded as one of the Great Offices of State...

 Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...

 explicitly declared the period of diplomacy to be over, as declared by Resolution 1441's prohibition on giving Iraq new opportunities for compliance, and that no further authorization from the UN would be sought before an invasion of Iraq (see 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...

). The USA
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 and Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, while admitting that such a resolution was diplomatically desirable, insisted that Iraq had now been given enough time (noting also the time since the first disarmament resolutions of 1991) to disarm or provide evidence thereof, and that war was legitimized by 1441 and previous UN resolutions. Non-permanent Security Council member Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

 declared itself with the USA and Britain. Nevertheless, this position taken by the Bush administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...

 and its supporters, has been and still is being disputed by numerous legal experts. According to most members of the Security Council, it is up to the council itself, and not individual members, to determine how the body's resolutions are to be enforced.http://news.bbc.co.uk/1/hi/world/middle_east/3661134.stmhttp://jurist.law.pitt.edu/forum/forumnew73.phphttp://www.worldpress.org/specials/iraq/

More information is found in United Nations actions regarding Iraq.

Aftermath


In June 2006, the National Ground Intelligence Center
National Ground Intelligence Center
The National Ground Intelligence Center is part of the United States Army Intelligence and Security Command. The NGIC provides scientific and technical intelligence and general military intelligence on foreign ground forces in support of the warfighting commanders, force and material developers,...

 (NGIC), a US Department of Defense entity, released a report detailing the weapons of mass destruction that had been found in Iraq, including pre-1991 sarin gas and mustard agent. The report stated that, "While agents degrade over time, chemical warfare agents remain hazardous and potentially lethal."http://www.breitbart.com/news/2006/06/21/060622014432.acs11f38.html

The Bush administration commissioned the Iraq Survey Group to determine whether in fact any WMD existed in Iraq. After a year and half of meticulously combing through the country, the administration’s own inspectors reportedhttp://www.globalsecurity.org/wmd/library/report/2004/isg-final-report/isg-final-report_vol3_cw_key-findings.htm:
The review was conducted by Charles Duelfer and the Iraq Survey Group. In October 2004, Bush said of Duelfer’s analysishttp://www.washingtonpost.com/ac2/wp-dyn/A14897-2004Oct7?language=printer: "The chief weapons inspector, Charles Duelfer, has now issued a comprehensive report that confirms the earlier conclusion of David Kay that Iraq did not have the weapons that our intelligence believed were there."

Factual questions about the Iraqi declaration still remain. To date the contents have still not been made public for independent scrutiny.http://www.theyworkforyou.com/wrans/?id=2005-02-07a.213105.h When the UK government was asked to state where in the Iraqi government's declaration there were false or inaccurate statements, the reply was that it was a confidential matter and that "huge quantities of documents remain to be translated."http://www.theyworkforyou.com/wrans/?id=2004-02-10.152311.h

See also

  • 2003 invasion of Iraq
    2003 invasion of Iraq
    The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...

  • Al-Anfal Campaign
    Al-Anfal Campaign
    The al-Anfal Campaign , also known as Operation Anfal or simply Anfal, was a genocidal campaign against the Kurdish people in Northern Iraq, led by the Iraqi regime of Saddam Hussein and headed by Ali Hassan al-Majid in the final stages of Iran-Iraq War...

  • Jus ad bellum
    Jus ad bellum
    Jus ad bellum is a set of criteria that are to be consulted before engaging in war, in order to determine whether entering into war is permissible; that is, whether it is a just war....

  • Invasion of Kuwait
    Invasion of Kuwait
    The Invasion of Kuwait, also known as the Iraq-Kuwait War, was a major conflict between the Republic of Iraq and the State of Kuwait, which resulted in the seven-month long Iraqi occupation of Kuwait, which subsequently led to direct military intervention by United States-led forces in the Gulf...

  • Iran–Iraq War
  • List of United Nations Security Council Resolutions 1401 to 1500 (2002 – 2003)
  • Mass graves in Iraq
    Mass graves in Iraq
    Mass graves in Iraq have become well known since the US led invasion of Iraq toppled Saddam Hussein.The following is taken from Mass graves in Iraq are characterized as unmarked sites containing at least six bodies. Some can be identified by mounds of earth piled above the ground or as deep pits...


External links


The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK