Iraqi non-compliance with UN Security Council resolutions - statement by Thomas R. Pickering - Transcript

Statement before the UN Security Council, New York, March 11, 1992

Mr. President, to say we are disappointed in what we heard from [Iraqi] Deputy Prime Minister Tariq Aziz this morning would be a serious understatement. The approach which he made to the Council did not, in our view, address the issues nor did it advance the process.

Let me cite a few examples.

[Firstly], the statement itself appears to be directed toward destroying the confidence of the Security Council, the Special Commission, and the International Atomic Energy Agency and their work. In several areas, it suggests the Council put itself into the process of actually implementing its own resolutions.

Even worse, it suggests that the Security Council enter into a negotiating process with Iraq for the implementation of what we all know to be mandatory resolutions. This reflects a fundamental misunderstanding on the part of Iraq about mandatory resolutions and a complete miscalculation of the intention and purpose of the Council in dealing with Iraq's programs of weapons of mass destruction.

Specifically, the Iraqi Deputy Foreign Minister suggests that with respect to the declarations required of Iraq under Resolution 687, Iraq would be ready to sit down with the Council and the Special Commission and apparently negotiate out what it is that Iraq will declare. This is not the approach of the Council nor, obviously, the purpose of its resolutions.

Secondly, with respect to the issue of the destruction of its weapons of mass destruction and the programs in Iraq for the production of those weapons, it seeks a similar negotiating-oriented approach. It suggests there is confusion about what the Special Commission and the International Atomic Energy Agency [IAEA] have asked to be destroyed. It suggests that the Council put itself into the middle of this process to decide what elements must be destroyed. It ignores the firm position on the part of the Council that the Special Commission and International Atomic Energy Agency will be the technical mechanism for the designation of what should be destroyed or rendered harmless or removed in the Iraqi program and in the production base which supports that program. We understand the Special Commission and the IAEA conducted several rounds of conversations with Iraqi technical experts and has come up with final lists on certain ballistic missile and related production items which Iraq now refuses to destroy. We fail to see how further conversations and negotiations are a real answer to the problem. The problem is really full compliance with the resolution as it stands and the designations made carefully by the Special Commission.

Finally, we appear to have roughly the same proposal coming out of the statement this morning with respect to the issue of long-term monitoring. Again, long-term monitoring plans presented by the Council to Iraq and approved in resolutions which are mandatory are clearly not subject to negotiation. Such efforts are not in keeping with mandatory resolutions. We expect a full and clear Iraqi commitment to comply.

A drawn-out discussion and negotiation of Iraqi compliance with resolutions is not in the interest of regional peace and stability, and it is not the intention of the members of the Council, nor is it provided for in the resolutions with which Iraq must comply.

It is also disappointing that the Iraqi statement made no serious effort to address the numerous outstanding questions in the minds of the members of the Council. The Deputy Foreign Minister at the end of his statement clearly must have understood this, and we, on our part, welcome his commitment to address these questions with his answers tomorrow morning. We look forward to hearing what he has to say in this regard.

Other portions of the statement merely repeat the old and tired arguments of the past. In that respect, there was very little new which we saw in the statement itself, and it did not serve to advance the process of Iraqi compliance which is, again, deeply disappointing.

We are also disappointed, as others are, that nowhere in the Iraqi statement this morning did we see a reference to Resolution 688, to the UN's important role in providing humanitarian assistance to the citizens of Iraq, or a discussion of what Iraq will do to alleviate the plight of the Kurds and the Shi'a. This only serves to lend greater credence to our fears about Iraq's refusal to observe universal standards of human rights and its oppression of the Kurds and the Shi'a--its own citizens--in its own country.

On the other hand, we react positively to one small portion of the statement in which the Deputy Foreign Minister seemed to break new ground by promising, starting today, to publish the names of missing persons in several Iraqi newspapers once a week for a period of several weeks. We could only hope that Iraq would comply rapidly with the rest of its obligations with the same degree of directness--this especially includes providing unrestricted access to the ICRC [International Committee of the Red Cross] to all Iraqi prisons and places of detention.

Iraq has made frequent references to its sovereignty and its internal affairs. However, Iraq knows as well as all of us that the Council is operating with regard to its resolutions on Iraq under Chapter 7. Such resolutions are mandatory and fall under the last portion of Article II, Paragraph 7 of the Charter which makes it clear that the principle of non-intervention "shall not prejudice the application of enforcement measures under Chapter 7."

The measures that Iraq complains of are clearly "enforcement measures under Chapter 7."

It is clear that the author of all of this destruction and difficulty is Iraq itself. Iraq was frequently warned by the Council to cease its aggression and to abandon its illegal occupation of Kuwait. Iraq brought these measures upon itself. Iraq now holds the key to their relaxation.

It is clear that Iraq must comply with the Security Council resolutions. Attacks on the views of the members of the Security Council and attacks on the cohesion of the Security Council and the independence of its individual members is not the way to achieve a change in the present situation. Similarly, attacks on the Special Commission and the IAEA do not help.

As I said this morning, Iraq should begin by committing itself to full compliance and then to immediately taking on the follow-up actions rapidly and expediently to carry out that compliance.

Unfortunately, nothing we have heard here today so far suggests that Iraq understands this need. It is clear that Iraq has not yet fully complied with the resolutions of this Council, but, again, we hope to hear tomorrow--as we did not today--that Iraq intends to do so.

Weapons Destruction

Now I would like to turn, Mr. President, in light of our session planned for tomorrow morning to a few questions which we believe clearly need answers:

First, on weapons of mass destruction. Is Iraq ready to make full final and complete disclosure of its programs of weapons of mass destruction and when will it do so?

Second, is Iraq prepared to commence destruction of its ballistic missile production and repair facilities, as requested by the Special Commission's letter of February 14 under UN supervision and will it do so immediately?

Third, will Iraq return to the IAEA the nuclear documents seized from and never returned to the sixth IAEA inspection team in September 1991 and will it do so immediately?

Fourth, will Iraq today provide unconditional acceptance of the long-term monitoring and verification plans laid out in Resolution 715 and make the required declarations of its equipment and facilities?

When will Iraq begin to observe the full range of privileges and immunities to be accorded to the Special Commission and to the IAEA?

Boundary Demarcation

With respect to the boundary demarcation and border posts, does Iraq now recognize its obligations to accept the work of the Boundary Commission to demarcate the Iraq-Kuwait border? Will Iraq remove immediately its border police posts from the Kuwaiti side of the border on the map used by UNIKOM [UN Iraq-Kuwait Observer Mission]?

Humanitarian Issues

With respect to detainees, refugees, and humanitarian interests, will Iraq resolve, as soon as possible, the matter of missing Kuwaitis, Saudis, and missing third country nationals from the Gulf war by:

* Conducting detailed, documented searches for those still missing and sharing the full results of those searches with the ICRC?

* Providing to the ICRC information on Kuwaitis and third country nationals who died while in custody?

* Granting the ICRC unrestricted access to all Iraqi places of detention in its effort to trace the missing?

When will Iraq meet the humanitarian needs of the Iraqi people by implementing Resolutions 706 and 712?

When will Iraq permit the establishment of UN humanitarian centers throughout Iraq, including Kirkuk and Mosul?

When will Iraq guarantee the UN humanitarian program unrestricted access to vulnerable groups throughout Iraq?

When will Iraq dismantle the checkpoints blocking roads into northern Iraq and lift the blockade of northern Iraq?

When will Iraq allow Iraqi citizens formerly resident in the Kirkuk area to return to their homes and businesses?

Will Iraq cease attacks on civilians, including artillery bombardment of urban areas?

When will the Iraqi military end its encirclement of the southern marsh area--a de facto blockade confining up to half a million persons--and permit the UN to visit?

Return of Property

Concerning the return of property: When will Iraq make a final accounting of and return all of both the military and non-military property taken from Kuwait?

Finally, when will Iraq begin providing the Secretary-General and appropriate international organizations a monthly statement of Iraq's gold and foreign currency reserves as required by Resolution 706?

Thank you, Mr. President.

COPYRIGHT 1992 U.S. Government Printing Office
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