United Nations Security Council Resolution 986
Encyclopedia
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 mechanism whereby Iraqi oil
exports would finance humanitarian aid
to the country, which later became known as the Oil-for-Food Programme
.
The Security Council was convinced of the need as a temporary measure to provide humanitarian assistance to the Iraqi people until the country complied with all relevant Security Council resolutions, including Resolution 687
(1991) which allowed for further measures to be taken concerning sanctions imposed in Resolution 661
(1991).
, petroleum products and related financial transactions originating in Iraq for a total sum of up to US$
1 billion every 90 days, subject to the approval of the Committee established in Resolution 661 and that payments made for oil would be made into the escrow account
created by the current resolution. Turkey
was permitted to charge fees for using the Kirkuk-Yumurtalik pipeline in its territory. The aforementioned would come into force at 00:01 EST
the day after the President of the Security Council
announced that he had received a report by the Secretary-General Boutros Boutros-Ghali
, with the provisions remaining in force for an initial period of 180 days. A review would be conducted halfway through this period.
The following provisions would come into effect immediatey. Independent inspectors and the Committee would inspect oil sales and an escrow account would be established. The account would:
finance the export of medicine, health supplies, foodstuffs, and materials and supplies for essential civilian needs, which the Government of Iraq should agree to their equitable distribution; complement the distribution of humanitarian goods by the Iraqi government; transfer the same percentage of the funds deposited in the escrow account to the United Nations Compensation Commission
decided by Resolution 705
(1991); finance the independent inspectors and certified public accountants and other activities; meet the operational costs of the United Nations Special Commission
; meet other expenses and costs; make available up to US$ 10 million every 90 days for payments envisaged in Resolution 778
(1992).
Countries were authorised, notwithstanding the provisions of Resolution 661, to export parts and equipment which are essential for the safe operation of the Kirkuk-Yumurtalik pipeline in Iraq and activities associated with it. The costs may be paid by credit
pending payment into the escrow account.
The Secretary-General was requested to report at 90 days and 180 days during the process, while the Committee was required to develop procedures necessary to implement the above provisions. Both were urged to take effective action to ensure the implementation of the resolution. The Council provided immunity
for the petroleum and petroleum products, the escrow account and all personnel working with the United Nations in accordance with the Convention on the Privileges and Immunities of the United Nations
.
The resolution concluded by reaffirming that none of its provisions should affect Iraq's obligations concerning the repayment of foreign debt, and at the same time should not infringe on its sovereignty and territorial integrity
.
, and did not accept its provisions until January 1996. The programme was formally terminated on November 21, 2003 following the 2003 invasion of Iraq
, and its major functions turned over to the Coalition Provisional Authority
.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
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"....
986, adopted unanimously on April 14, 1995, after reaffirming all resolutions on 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....
and noting the serious humanitarian situation with the Iraqi civilian population, the Council, acting under Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, established a mechanism whereby Iraqi oil
Oil
An oil is any substance that is liquid at ambient temperatures and does not mix with water but may mix with other oils and organic solvents. This general definition includes vegetable oils, volatile essential oils, petrochemical oils, and synthetic oils....
exports would finance humanitarian aid
Humanitarian aid
Humanitarian aid is material or logistical assistance provided for humanitarian purposes, typically in response to humanitarian crises including natural disaster and man-made disaster. The primary objective of humanitarian aid is to save lives, alleviate suffering, and maintain human dignity...
to the country, which later became known as the Oil-for-Food Programme
Oil-for-Food Programme
The Oil-for-Food Programme , established by the United Nations in 1995 was established with the stated intent to allow Iraq to sell oil on the world market in exchange for food, medicine, and other humanitarian needs for ordinary Iraqi citizens without allowing Iraq to boost its military...
.
The Security Council was convinced of the need as a temporary measure to provide humanitarian assistance to the Iraqi people until the country complied with all relevant Security Council resolutions, including 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...
(1991) which allowed for further measures to be taken concerning sanctions imposed in 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...
(1991).
Provisions
Firstly, countries were authorised to permit the import of petroleumPetroleum
Petroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...
, petroleum products and related financial transactions originating in Iraq for a total sum of up to US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
1 billion every 90 days, subject to the approval of the Committee established in Resolution 661 and that payments made for oil would be made into the escrow account
Escrow
An escrow is:* an arrangement made under contractual provisions between transacting parties, whereby an independent trusted third party receives and disburses money and/or documents for the transacting parties, with the timing of such disbursement by the third party dependent on the fulfillment of...
created by the current resolution. Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
was permitted to charge fees for using the Kirkuk-Yumurtalik pipeline in its territory. The aforementioned would come into force at 00:01 EST
Eastern Time Zone
The Eastern Time Zone of the United States and Canada is a time zone that falls mostly along the east coast of North America. Its UTC time offset is −5 hrs during standard time and −4 hrs during daylight saving time...
the day after the President of the Security Council
President of the United Nations Security Council
The President of the United Nations Security Council is the presiding officer of that body. The president is the head of the delegation from the Security Council member state that holds the rotating presidency.-Selection:...
announced that he had received a report by the Secretary-General Boutros Boutros-Ghali
Boutros Boutros-Ghali
Boutros Boutros-Ghali is an Egyptian politician and diplomat who was the sixth Secretary-General of the United Nations from January 1992 to December 1996...
, with the provisions remaining in force for an initial period of 180 days. A review would be conducted halfway through this period.
The following provisions would come into effect immediatey. Independent inspectors and the Committee would inspect oil sales and an escrow account would be established. The account would:
finance the export of medicine, health supplies, foodstuffs, and materials and supplies for essential civilian needs, which the Government of Iraq should agree to their equitable distribution; complement the distribution of humanitarian goods by the Iraqi government; transfer the same percentage of the funds deposited in the escrow account to the United Nations Compensation Commission
United Nations Compensation Commission
The United Nations Compensation Commission was created in 1991 as a subsidiary organ of the United Nations Security Council. Its mandate is to process claims and pay compensation for losses and damage suffered as a direct result of Iraq's 1990-1991 invasion and occupation of Kuwait...
decided by Resolution 705
United Nations Security Council Resolution 705
United Nations Security Council Resolution 705, adopted unanimously on August 15, 1991, after considering a note by the Secretary-General, the Council decided that compensation paid by Iraq to the United Nations Compensation Commission arising from Resolution 687 should not exceed 30 per cent of...
(1991); finance the independent inspectors and certified public accountants and other activities; meet the operational costs of the United Nations Special Commission
United Nations Special Commission
United Nations Special Commission was an inspection regime created by the United Nations to ensure Iraq's compliance with policies concerning Iraqi production and use of weapons of mass destruction after the Gulf War...
; meet other expenses and costs; make available up to US$ 10 million every 90 days for payments envisaged in Resolution 778
United Nations Security Council Resolution 778
United Nations Security Council Resolution 778, adopted on October 2, 1992, after recalling resolutions 687 , 688 , 692 , 699 , 706 and 712 , the Council, acting under Chapter VII, decided to authorise states holding funds from the sale of Iraqi petroleum to transfer funds to the escrow account...
(1992).
Countries were authorised, notwithstanding the provisions of Resolution 661, to export parts and equipment which are essential for the safe operation of the Kirkuk-Yumurtalik pipeline in Iraq and activities associated with it. The costs may be paid by credit
Credit (finance)
Credit is the trust which allows one party to provide resources to another party where that second party does not reimburse the first party immediately , but instead arranges either to repay or return those resources at a later date. The resources provided may be financial Credit is the trust...
pending payment into the escrow account.
The Secretary-General was requested to report at 90 days and 180 days during the process, while the Committee was required to develop procedures necessary to implement the above provisions. Both were urged to take effective action to ensure the implementation of the resolution. The Council provided immunity
Immunity from prosecution (international law)
Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Immunities are of two types. The first is functional immunity, or immunity ratione materiae. This is an immunity granted to people who perform certain functions of...
for the petroleum and petroleum products, the escrow account and all personnel working with the United Nations in accordance with the Convention on the Privileges and Immunities of the United Nations
Convention on the Privileges and Immunities of the United Nations
The Convention on the Privileges and Immunities of the United Nations, passed by the United Nations General Assembly on 13 February 1946 in New York, and sometimes referred to as the "New York Convention", defines and specifies numerous issues relating to the status of the United Nations, its...
.
The resolution concluded by reaffirming that none of its provisions should affect Iraq's obligations concerning the repayment of foreign debt, and at the same time should not infringe on its sovereignty and territorial integrity
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
.
Aftermath
Iraq initially rejected the resolution on the grounds that it violated its sovereigntySovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
, and did not accept its provisions until January 1996. The programme was formally terminated on November 21, 2003 following the 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...
, and its major functions turned over to the Coalition Provisional Authority
Coalition Provisional Authority
The Coalition Provisional Authority was established as a transitional government following the invasion of Iraq by the United States and its allies, members of the Multi-National Force – Iraq which was formed to oust the government of Saddam Hussein in 2003...
.
See also
- Foreign relations of IraqForeign relations of IraqSince 1980, the foreign relations of Iraq were influenced by a number of controversial decisions by the Saddam Hussein administration. Hussein had good relations with the Soviet Union and a number of western countries such as France and Germany, who provided him with advanced weapons systems...
- Gulf WarGulf WarThe Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
- Invasion of KuwaitInvasion of KuwaitThe 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...
- List of United Nations Security Council Resolutions 901 to 1000 (1994 – 1995)
- United Nations Security Council Resolution 706United Nations Security Council Resolution 706United Nations Security Council Resolution 706 decided on a mechanism to allow Iraq to sell oil in return for humanitarian aid from Member States. The Council, acting under Chapter VII, adopted the resolution on August 15, 1991, after recalling resolutions 661 , 686 , 687 , 688 , 692 , 699 and 705...