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United Nations |
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S/2002/1198 |
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Security Council |
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Provisional 7 November 2002 Original: English |
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Adopted
as Resolution 1441
at Security Council meeting 4644,
8 November 2002
The Security Council,
Recalling all
its previous relevant resolutions, in particular its resolutions 661 (1990)
of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March
1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991)
of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April
1995, and 1284 (1999) of 17 December 1999, and all the relevant statements
of its President,
Recalling also
its resolution 1382 (2001) of 29 November 2001 and its intention to
implement it fully,
Recognizing the
threat Iraq’s non-compliance with Council resolutions and proliferation
of weapons of mass destruction and long-range missiles poses to international
peace and security,
Recalling that
its resolution 678 (1990) authorized Member States to use all necessary
means to uphold and implement its resolution 660 (1990) of 2 August 1990
and all relevant resolutions subsequent to resolution 660 (1990) and to
restore international peace and security in the area,
Further recalling
that its resolution 687 (1991) imposed obligations on Iraq as a necessary
step for achievement of its stated objective of restoring international
peace and security in the area,
Deploring the
fact that Iraq has not provided an accurate, full, final, and complete disclosure,
as required by resolution 687 (1991), of all aspects of its programmes to
develop weapons of mass destruction and ballistic missiles with a range
greater than one hundred and fifty kilometres, and of all holdings of such
weapons, their components and production facilities and locations, as well
as all other nuclear programmes, including any which it claims are for purposes
not related to nuclear-weapons-usable material,
Deploring further
that Iraq repeatedly obstructed immediate, unconditional, and unrestricted
access to sites designated by the United Nations Special Commission (UNSCOM)
and the International Atomic Energy Agency (IAEA), failed to cooperate fully
and unconditionally with UNSCOM and IAEA weapons inspectors, as required
by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM
and the IAEA in 1998,
Deploring the
absence, since December 1998, in Iraq of international monitoring, inspection,
and verification, as required by relevant resolutions, of weapons of mass
destruction and ballistic missiles, in spite of the Council’s repeated demands
that Iraq provide immediate, unconditional, and unrestricted access to the
United Nations Monitoring, Verification and Inspection Commission (UNMOVIC),
established in resolution 1284 (1999) as the successor organization to UNSCOM,
and the IAEA, and regretting the consequent prolonging of the crisis in
the region and the suffering of the Iraqi people,
Deploring also
that the Government of Iraq has failed to comply with its commitments
pursuant to resolution 687 (1991) with regard to terrorism, pursuant to
resolution 688 (1991) to end repression of its civilian population and to
provide access by international humanitarian organizations to all those
in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687
(1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti
and third country nationals wrongfully detained by Iraq, or to return Kuwaiti
property wrongfully seized by Iraq,
Recalling that
in its resolution 687 (1991) the Council declared that a ceasefire would
be based on acceptance by Iraq of the provisions of that resolution, including
the obligations on Iraq contained therein,
Determined to
ensure full and immediate compliance by Iraq without conditions or restrictions
with its obligations under resolution 687 (1991) and other relevant resolutions
and recalling that the resolutions of the Council constitute the governing
standard of Iraqi compliance,
Recalling that
the effective operation of UNMOVIC, as the successor organization to the
Special Commission, and the IAEA is essential for the implementation of
resolution 687 (1991) and other relevant resolutions,
Noting the
letter dated 16 September 2002 from the Minister for Foreign Affairs of
Iraq addressed to the Secretary-General is a necessary first step toward
rectifying Iraq’s continued failure to comply with relevant Council resolutions,
Noting further
the letter dated 8 October 2002 from the Executive Chairman of UNMOVIC
and the Director-General of the IAEA to General Al-Saadi of the Government
of Iraq laying out the practical arrangements, as a follow-up to their meeting
in Vienna, that are prerequisites for the resumption of inspections in Iraq
by UNMOVIC and the IAEA, and expressing the gravest concern at the continued
failure by the Government of Iraq to provide confirmation of the arrangements
as laid out in that letter,
Reaffirming the
commitment of all Member States to the sovereignty and territorial integrity
of Iraq, Kuwait, and the neighbouring States,
Commending
the Secretary-General and members of the League of Arab States and its Secretary-General
for their efforts in this regard,
Determined to
secure full compliance with its decisions,
Acting under
Chapter VII of the Charter of the United Nations,
1.
Decides that Iraq has been and remains in material breach of its
obligations under relevant resolutions, including resolution 687 (1991),
in particular through Iraq’s failure to cooperate with United Nations inspectors
and the IAEA, and to complete the actions required under paragraphs 8 to
13 of resolution 687 (1991);
2.
Decides, while acknowledging paragraph 1 above, to afford Iraq, by
this resolution, a final opportunity to comply with its disarmament obligations
under relevant resolutions of the Council; and accordingly decides to set
up an enhanced inspection regime with the aim of bringing to full and verified
completion the disarmament process established by resolution 687 (1991)
and subsequent resolutions of the Council;
3.
Decides that, in order to begin to comply with its disarmament obligations,
in addition to submitting the required biannual declarations, the Government
of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later than
30 days from the date of this resolution, a currently accurate, full, and
complete declaration of all aspects of its programmes to develop chemical,
biological, and nuclear weapons, ballistic missiles, and other delivery
systems such as unmanned aerial vehicles and dispersal systems designed
for use on aircraft, including any holdings and precise locations of such
weapons, components, sub-components, stocks of agents, and related material
and equipment, the locations and work of its research, development and production
facilities, as well as all other chemical, biological, and nuclear programmes,
including any which it claims are for purposes not related to weapon production
or material;
4.
Decides 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 and will be reported
to the Council for assessment in accordance with paragraphs 11 and 12 below;
5.
Decides that Iraq shall provide UNMOVIC and the IAEA immediate,
unimpeded, unconditional, and unrestricted access to any and all, including
underground, areas, facilities, buildings, equipment, records, and means
of transport which they wish to inspect, as well as immediate, unimpeded,
unrestricted, and private access to all officials and other persons whom
UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC’s
or the IAEA’s choice pursuant to any aspect of their mandates; further decides
that UNMOVIC and the IAEA may at their discretion conduct interviews inside
or outside of Iraq, may facilitate the travel of those interviewed and family
members outside of Iraq, and that, at the sole discretion of UNMOVIC and
the IAEA, such interviews may occur without the presence of observers from
the Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume
inspections no later than 45 days following adoption of this resolution
and to update the Council 60 days thereafter;
6.
Endorses the 8 October 2002 letter from the Executive Chairman of
UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the
Government of Iraq, which is annexed hereto, and decides that the contents
of the letter shall be binding upon Iraq;
7.
Decides further that, in view of the prolonged interruption by Iraq
of the presence of UNMOVIC and the IAEA and in order for them to accomplish
the tasks set forth in this resolution and all previous relevant resolutions
and notwithstanding prior understandings, the Council hereby establishes
the following revised or additional authorities, which shall be binding
upon Iraq, to facilitate their work in Iraq:
– UNMOVIC and the IAEA shall determine the composition of their inspection teams and ensure that these teams are composed of the most qualified and experienced experts available;
– All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities, corresponding to those of experts on mission, provided in the Convention on Privileges and Immunities of the United Nations and the Agreement on the Privileges and Immunities of the IAEA;
– UNMOVIC and the IAEA shall have unrestricted rights of entry into and out of Iraq, the right to free, unrestricted, and immediate movement to and from inspection sites, and the right to inspect any sites and buildings, including immediate, unimpeded, unconditional, and unrestricted access to Presidential Sites equal to that at other sites, notwithstanding the provisions of resolution 1154 (1998);
– UNMOVIC and the IAEA shall have the right to be provided by Iraq the names of all personnel currently and formerly associated with Iraq’s chemical, biological, nuclear, and ballistic missile programmes and the associated research, development, and production facilities;
– Security of UNMOVIC and IAEA facilities shall be ensured by sufficient United Nations security guards;
– UNMOVIC and the IAEA shall have the right to declare, for the purposes of freezing a site to be inspected, exclusion zones, including surrounding areas and transit corridors, in which Iraq will suspend ground and aerial movement so that nothing is changed in or taken out of a site being inspected;
– UNMOVIC and the IAEA shall have the free and unrestricted use and landing of fixed- and rotary-winged aircraft, including manned and unmanned reconnaissance vehicles;
– UNMOVIC and the IAEA shall have the right at their sole discretion verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems, components, records, materials, and other related items, and the right to impound or close any facilities or equipment for the production thereof; and
– UNMOVIC and the IAEA shall have the right to free
import and use of equipment or materials for inspections and to seize and
export any equipment, materials, or documents taken during inspections,
without search of UNMOVIC or IAEA personnel or official or personal baggage;
8. Decides
further that Iraq shall not take or threaten hostile acts directed against
any representative or personnel of the United Nations or the IAEA or of any
Member State taking action to uphold any Council resolution;
9. Requests
the Secretary-General immediately to notify Iraq of this resolution, which
is binding on Iraq; demands that Iraq confirm within seven days of that
notification its intention to comply fully with this resolution; and demands
further that Iraq cooperate immediately, unconditionally, and actively with
UNMOVIC and the IAEA;
10. Requests
all Member States to give full support to UNMOVIC and the IAEA in the
discharge of their mandates, including by providing any information related
to prohibited programmes or other aspects of their mandates, including on
Iraqi attempts since 1998 to acquire prohibited items, and by recommending
sites to be inspected, persons to be interviewed, conditions of such
interviews, and data to be collected, the results of which shall be reported
to the Council by UNMOVIC and the IAEA;
11. Directs the
Executive Chairman of UNMOVIC and the Director-General of the IAEA to report
immediately to the Council any interference by Iraq with inspection
activities, as well as any failure by Iraq to comply with its disarmament
obligations, including its obligations regarding inspections under this
resolution;
12. Decides to
convene immediately upon receipt of a report in accordance with paragraphs 4
or 11 above, 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;
13. Recalls, in
that context, that the Council has repeatedly warned Iraq that it will face
serious consequences as a result of its continued violations of its
obligations;
14. Decides to
remain seized of the matter.
Annex
Text of Blix/El-Baradei letter
United Nations Monitoring, Verification
and Inspection Commission
The Executive Chairman |
International Atomic Energy Agency
The Director General |
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical arrangements that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA. As you recall, at the end of our meeting in Vienna we agreed on a statement which listed some of the principal results achieved, particularly Iraq’s acceptance of all the rights of inspection provided for in all of the relevant Security Council resolutions. This acceptance was stated to be without any conditions attached.
During our 3 October 2002 briefing to the Security Council, members of the Council suggested that we prepare a written document on all of the conclusions we reached in Vienna. This letter lists those conclusions and seeks your confirmation thereof. We shall report accordingly to the Security Council.
In the statement at the end of the meeting, it was clarified that UNMOVIC and the IAEA will be granted immediate, unconditional and unrestricted access to sites, including what was termed “sensitive sites” in the past. As we noted, however, eight presidential sites have been the subject of special procedures under a Memorandum of Understanding of 1998. Should these sites be subject, as all other sites, to immediate, unconditional and unrestricted access, UNMOVIC and the IAEA would conduct inspections there with the same professionalism.
H.E. General Amir H. Al-Saadi
Advisor
Presidential Office
Baghdad
Iraq
We confirm our understanding that UNMOVIC and the IAEA have the right to determine the number of inspectors required for access to any particular site. This determination will be made on the basis of the size and complexity of the site being inspected. We also confirm that Iraq will be informed of the designation of additional sites, i.e. sites not declared by Iraq or previously inspected by either UNSCOM or the IAEA, through a Notification of Inspection (NIS) provided upon arrival of the inspectors at such sites.
Iraq will ensure that no proscribed material, equipment, records or other relevant items will be destroyed except in the presence of UNMOVIC and/or IAEA inspectors, as appropriate, and at their request.
UNMOVIC and the IAEA may conduct interviews with any person in Iraq whom they believe may have information relevant to their mandate. Iraq will facilitate such interviews. It is for UNMOVIC and the IAEA to choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as in the past, serve as the Iraqi counterpart for the inspectors. The Baghdad Ongoing Monitoring and Verification Centre (BOMVIC) will be maintained on the same premises and under the same conditions as was the former Baghdad Monitoring and Verification Centre. The NMD will make available services as before, cost free, for the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate access to sites to be inspected and communication with personnel to be interviewed; (b) a hotline for BOMVIC which will be staffed by an English speaking person on a 24 hour a day/seven days a week basis; (c) support in terms of personnel and ground transportation within the country, as requested; and (d) assistance in the movement of materials and equipment at inspectors’ request (construction, excavation equipment, etc.). NMD will also ensure that escorts are available in the event of inspections outside working hours, including at night and on holidays.
Regional UNMOVIC/IAEA offices may be established, for example, in Basra and Mosul, for the use of their inspectors. For this purpose, Iraq will provide, without cost, adequate office buildings, staff accommodation, and appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or data transmission, including satellite and/or inland networks, with or without encryption capability. UNMOVIC and the IAEA may also install equipment in the field with the capability for transmission of data directly to the BOMVIC, New York and Vienna (e.g. sensors, surveillance cameras). This will be facilitated by Iraq and there will be no interference by Iraq with UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all surveillance equipment, and construct antennae for remote transmission of data, at the request of UNMOVIC and the IAEA. Upon request by UNMOVIC through the NMD, Iraq will allocate frequencies for communications equipment.
Iraq will provide security for all UNMOVIC and IAEA personnel. Secure and suitable accommodations will be designated at rates by Iraq for these personnel. For their part, UNMOVIC and the IAEA will require that their staff not stay at any accommodation other than those identified in consultation with Iraq.
On the use of fixed-wing aircraft for transport of personnel and equipment and for inspection purposes, it was clarified that aircraft used by UNMOVIC and IAEA staff arriving in Baghdad may land at Saddam International Airport. The points of departure of incoming aircraft will be decided by UNMOVIC. The Rasheed airbase will continue to be used for UNMOVIC and IAEA helicopter operations. UNMOVIC and Iraq will establish air liaison offices at the airbase. At both Saddam International Airport and Rasheed airbase, Iraq will provide the necessary support premises and facilities. Aircraft fuel will be provided by Iraq, as before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing and rotary, Iraq will guarantee the safety of air operations in its air space outside the no-fly zones. With regard to air operations in the no-fly zones, Iraq will take all steps within its control to ensure the safety of such operations.
Helicopter flights may be used, as needed, during inspections and for technical activities, such as gamma detection, without limitation in all parts of Iraq and without any area excluded. Helicopters may also be used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume the use of U-2 or Mirage overflights. The relevant practical arrangements would be similar to those implemented in the past.
As before, visas for all arriving staff will be issued at the point of entry on the basis of the UN Laissez-Passer or UN Certificate; no other entry or exit formalities will be required. The aircraft passenger manifest will be provided one hour in advance of the arrival of the aircraft in Baghdad. There will be no searching of UNMOVIC or IAEA personnel or of official or personal baggage. UNMOVIC and the IAEA will ensure that their personnel respect the laws of Iraq restricting the export of certain items, for example, those related to Iraq’s national cultural heritage. UNMOVIC and the IAEA may bring into, and remove from, Iraq all of the items and materials they require, including satellite phones and other equipment. With respect to samples, UNMOVIC and IAEA will, where feasible, split samples so that Iraq may receive a portion while another portion is kept for reference purposes. Where appropriate, the organizations will send the samples to more than one laboratory for analysis.
We would appreciate your confirmation of the above as a correct reflection of our talks in Vienna.
Naturally, we may need other practical arrangements when proceeding with inspections. We would expect in such matters, as with the above, Iraq’s co-operation in all respect.
Yours sincerely,
(Signed)
(Signed)
Hans Blix
Mohamed ElBaradei
Executive Chairman
Director General
United Nations Monitoring,
International Atomic Energy Agency
Verification and Inspection Commission