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 (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 for the widespread looting conducted by its troops during the 1990–1991 invasion and occupation. 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
George W. Bush addressed the General Assembly on 12 September 2002 to outline the complaints of the United States against the Iraqi government.
The resolution itself never mentioned a war and only required Iraq to support inspections by UNMOVIC and IAEA.[5]
"In violation of Security Councilresolution 1373, Iraq supports terrorist organizations that direct violence against Iran, Israel, and Western governments....And al-Qaida[sic] terrorists escaped from Afghanistan are known to be in Iraq."
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, China, and France.
The resolution text was drafted jointly by the United States and the United Kingdom, the result of eight weeks of tumultuous negotiations, particularly with Russia and 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 8 November 2002, the Security Council passed Resolution 1441 by a unanimous 15–0 vote; Russia, China, France, and Syria, the only Arab state, voted in favour, 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 United States Ambassador to the United Nations, John Negroponte, said:
[T]his resolution contains no "hidden triggers" and no "automaticity" with respect to the use of force. If there is a further Iraqi breach, reported to the Council by UNMOVIC, the IAEA or a Member State, the matter will return to the Council for discussions as required in paragraph 12. The resolution makes clear that any Iraqi failure to comply is unacceptable and that Iraq must be disarmed. And, one way or another, Iraq will be disarmed. If the Security Council fails to act decisively in the event of further Iraqi violations, this resolution does not constrain any Member State from acting to defend itself against the threat posed by Iraq or to enforce relevant United Nations resolutions and protect world peace and security.[7]
The ambassador for the United Kingdom, the co-sponsor of the resolution, said:
We heard loud and clear during the negotiations the concerns about "automaticity" and "hidden triggers" – the concern that on a decision so crucial we should not rush into military action; that on a decision so crucial any Iraqi violations should be discussed by the Council. Let me be equally clear in response... There is no "automaticity" in this resolution. If there is a further Iraqi breach of its disarmament obligations, the matter will return to the Council for discussion as required in paragraph 12. We would expect the Security Council then to meet its responsibilities.[8]
The message was further confirmed by the ambassador for Syria:
Syria voted in favour of the resolution, having received reassurances from its sponsors, the United States of America and the United Kingdom, and from France and Russia through high-level contacts, that it would not be used as a pretext for striking against Iraq and does not constitute a basis for any automatic strikes against Iraq. The resolution should not be interpreted, through certain paragraphs, as authorizing any State to use force. It reaffirms the central role of the Security Council in addressing all phases of the Iraqi issue.[9]
Iraq agreed to the Resolution on 13 November.[10] Weapons inspectors returned on 27 November, led by Hans Blix of UNMOVIC and Mohamed ElBaradei of the International Atomic Energy Agency. The inspectors had been absent from Iraq since December 1998 when they were withdrawn immediately prior to Operation Desert Fox.
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.[11] 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 7 December 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 19 December, Hans Blix reported before the United Nations and stated in regards to Iraq's 7 December 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 7 December 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.[12][13][14] On 27 January 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."[12] 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.[12]
By mid-February the issues of anthrax, the nerve agent VX and long-range missiles remained unresolved. Blix's 7 March 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:
What are we to make of these activities? One can hardly avoid the impression that, after a period of somewhat reluctant cooperation, there has been an acceleration of initiatives from the Iraqi side since the end of January. This is welcome, but the value of these measures must be soberly judged by how many question marks they actually succeed in straightening out. This is not yet clear. Against this background, the question is now asked whether Iraq has cooperated "immediately, unconditionally and actively" with UNMOVIC, as required under paragraph 9 of resolution 1441 (2002). The answers can be seen from the factual descriptions I have provided. However, if more direct answers are desired, I would say the following:
The Iraqi side has tried on occasion to attach conditions, as it did regarding helicopters and U-2 planes. Iraq has not, however, so far persisted in these or other conditions for the exercise of any of our inspection rights. If it did, we would report it.
It is obvious that, while the numerous initiatives, which are now taken by the Iraqi side with a view to resolving some long-standing open disarmament issues, can be seen as "active", or even "proactive", these initiatives 3–4 months into the new resolution cannot be said to constitute "immediate" cooperation. Nor do they necessarily cover all areas of relevance. They are nevertheless welcome and UNMOVIC is responding to them in the hope of solving presently unresolved disarmament issues.
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 declared on 10 March 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 Summit of 16 March, Tony Blair, George W. Bush, Spanish prime minister José María Aznar as well as Portuguese prime minister José Manuel Barroso who hosted the meeting, announced the imminent deadline of 17 March 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 SecretaryJack Straw 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). The US and Britain, 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 declared itself with the US and Britain. Nevertheless, this position taken by the Bush administration 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.[15][16][17]
After the invasion, 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 searching the country, the inspectors reported:[18]
While a small number of old, abandoned chemical munitions have been discovered, ISG judges that Iraq unilaterally destroyed its undeclared chemical weapons stockpile in 1991. There are no credible indications that Baghdad resumed production of chemical munitions thereafter, a policy ISG attributes to Baghdad's desire to see sanctions lifted, or rendered ineffectual, or its fear of force against it should WMD be discovered.
The review was conducted by Charles A. Duelfer and the Iraq Survey Group. In October 2004, Bush said of Duelfer's analysis: "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."[19]
Carl Rolf Ekéus is a Swedish diplomat. From 1978 to 1983, he was a representative to the Conference on Disarmament in Geneva, and he has worked on various other disarmament committees and commissions.
The Iraq disarmament crisis was claimed as one of primary issues that led to the multinational invasion of Iraq on 20 March 2003.
The United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) was created through the adoption of United Nations Security Council resolution 1284 of 17 December 1999 and its mission lasted until June 2007.
Hans Martin Blix is a Swedish diplomat and politician for the Liberal People's Party. He was Swedish Minister for Foreign Affairs (1978–1979) and later became the head of the International Atomic Energy Agency. As such, Blix was the first Western representative to inspect the consequences of the Chernobyl disaster in the Soviet Union on-site and led the agency's response to them. 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. In 2002, the commission began searching Iraq for weapons of mass destruction, ultimately finding none. On 17 March 2003, U.S. President George W. Bush delivered an address from the White House announcing that within 48 hours, the United States would invade Iraq unless Saddam Hussein would leave. Bush then ordered all of the weapons inspectors, including Blix's team, to leave Iraq so that America and its allies could invade Iraq on 20 March. In February 2010, Blix became head of the United Arab Emirates' advisory board for its nuclear power program. He is the former president of the World Federation of United Nations Associations.
Iraq actively researched and later employed weapons of mass destruction (WMD) from 1962 to 1991, when it destroyed its chemical weapons stockpile and halted its biological and nuclear weapon programs as required by the United Nations Security Council. The fifth president of Iraq, Saddam Hussein, was internationally condemned for his use of chemical weapons against Iranian and Kurdish civilians during the Iran–Iraq War in the 1980s. Saddam pursued an extensive biological weapons program and a nuclear weapons program, though no nuclear bomb was built. After the Gulf War, the United Nations located and destroyed large quantities of Iraqi chemical weapons and related equipment and materials; Iraq ceased its chemical, biological and nuclear programs.
United Nations Special Commission (UNSCOM) 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. Between 1991 and 1997 its director was Rolf Ekéus; from 1997 to 1999 its director was Richard Butler.
This article describes the positions of world governments before the actual initiation of the 2003 invasion of Iraq, and not their current positions as they may have changed since then.
In March 2003 the United States government announced that "diplomacy has failed" and that it would proceed with a "coalition of the willing" to rid Iraq under Saddam Hussein of weapons of mass destruction the US and UK claimed it possessed. The 2003 invasion of Iraq began a few days later. Prior to this decision, there had been much diplomacy and debate amongst the members of the United Nations Security Council over how to deal with the situation. This article examines the positions of these states as they changed during 2002–2003.
The 2003 invasion of Iraq began on March 20. On March 18, US President George W. Bush had set a deadline for the ruler of Iraq, Saddam Hussein, and his two sons, Uday and Qusay, to leave the country or face military action. By the time of the ultimatum, political and military preparations for the invasion were well advanced.
The Authorization for Use of Military Force Against Iraq Resolution of 2002, informally known as the Iraq Resolution, is a joint resolution passed by the United States Congress in October 2002 as Public Law No. 107-243, authorizing the use of the United States Armed Forces against Saddam Hussein's Iraq government in what would be known as Operation Iraqi Freedom.
The Iraq Survey Group (ISG) was a fact-finding mission sent by the multinational force in Iraq to find the weapons of mass destruction alleged to be possessed by Iraq that had been the main ostensible reason for the invasion in 2003. Its final report, Comprehensive Report of the Special Advisor to the Director of Central Intelligence on Iraq WMD, was submitted to Congress and the president in 2004. It consisted of a 1,400-member international team organized by the Pentagon and Central Intelligence Agency to hunt for the alleged stockpiles of weapons of mass destruction, including chemical and biological agents, and any supporting research programs and infrastructure that could be used to develop WMD. The report acknowledged that only small stockpiles of chemical WMDs were found, the numbers being inadequate to pose a militarily significant threat.
The following lists events in the year 2003 in Iraq.
Events in the year 2002 in Iraq.
The Timeline of Al Qa'qaa high explosives lists events regarding the storage and subsequent removal of high explosives at Al Qa'qaa in Iraq, leading to the Al Qa'qaa high explosives controversy.
United Nations Security Council resolution 1284, adopted on 17 December 1999, after recalling previous relevant resolutions on Iraq, including resolutions 661 (1990), 687 (1991), 699 (1991), 707 (1991), 715 (1991), 986 (1995), 1051 (1996), 1153 (1998), 1175 (1998), 1242 (1999) and 1266 (1999), the council established the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) to replace the United Nations Special Commission (UNSCOM). It was the final resolution adopted in 1999.
There are various rationales for the Iraq War, both the 2003 invasion of Iraq and the subsequent hostilities. The George W. Bush administration began actively pressing for military intervention in Iraq in late 2001. The primary rationalization for the Iraq War was articulated by a joint resolution of the United States Congress known as the Iraq Resolution. The US claimed the intent was to "disarm Iraq of weapons of mass destruction, to end Saddam Hussein's alleged support for terrorism, and to supposedly free Iraqi people".
A dispute exists over the legitimacy of the 2003 invasion of Iraq. The debate centers around the question whether the invasion was an unprovoked assault on an independent country that may have breached international law, or if the United Nations Security Council authorized the invasion. Those arguing for its legitimacy often point to Congressional Joint Resolution 114 and UN Security Council resolutions, such as Resolution 1441 and Resolution 678. Those arguing against its legitimacy also cite some of the same sources, stating they do not actually permit war but instead lay out conditions that must be met before war can be declared. Furthermore, the Security Council may only authorise the use of force against an "aggressor" in the interests of preserving peace, whereas the 2003 invasion of Iraq was not provoked by any aggressive military action.
The 2003 United States–British–Spanish Draft Resolution on Iraq was, according to Ambassador John Negroponte, "a resolution to have the Council decide that Iraq is not complying, is out of compliance, with Resolution 1441". Initially introduced on February 24, 2003, and amended on March 7, 2003, the draft set a March 17 deadline for Iraq to demonstrate "full, unconditional, immediate and active cooperation in accordance with its disarmament obligations." The draft was based on information from the Iraqi defector "Curveball," who claimed Saddam Hussein was in possession of weapons of mass destruction, which Curveball later admitted was untrue. The widely discussed UN resolution was not brought up for formal vote after it became clear that it would not have passed due to opposition from France, Russia, and China. The United States invaded Iraq without UN support on March 20, 2003, initiating the Iraq War.
Political leaders of the US and UK who led the arguments which resulted in the invasion of Iraq have claimed that the war was legal. However, legal experts, including the chairman of the Iraq Inquiry, John Chilcot, who led an investigation with hearings from 24 November 2009 to 2 February 2011, concluded that the process of identifying the legal basis for the invasion of Iraq was unsatisfactory and that the actions of the US and the UK have undermined the authority of the United Nations.
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