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Weapons of Mass Destruction (WMD)

USIS Washington File

26 February 1998

US WANTS SECURITY COUNCIL RESOLUTION ON NEW IRAQ AGREEMENT

(Richardson to Iraq:  you will pay if you fail to honor pact) (660)
By Judy Aita
USIA United Nations Correspondent
United Nations -- U.S. Ambassador Bill Richardson said February 26
that the United States wants the Security Council to adopt a
resolution warning Iraq it faces serious consequences if it breaks the
new agreement with the U.N.
Such a resolution is being drafted by Great Britain, which is also
coordinating negotiations among the permanent five members of the
council (China, France, Great Britain, Russia, and the United States)
and with the ten non-permanent members.
In addition to threatening the "severest consequences," the draft of
the resolution also stresses that any procedures relating to U.N.
weapons inspectors' access to presidential sites must be in line with
previous Security Council resolutions. It also asks the chairman of
the U.N. Special Commission overseeing the destruction of Iraqi
weapons (UNSCOM), Richard Butler, to report on the procedures to
inspect the eight presidential sites that are covered in the agreement
negotiated and signed in Baghdad earlier in the week by Secretary
General Kofi Annan and Iraqi officials, including President Saddam
Hussein.
"We will support a British effort which sends an unmistakable message
to Iraq that they will pay if they don't comply with this agreement,"
Richardson told journalists before attending a private meeting of the
council.
"I think it is also important to express support for the secretary
general's mission, but to make sure that Security Council resolution
initiatives are followed, that the U.N. Security Council is the
governing body (on relations with Iraq) and, most importantly, that
there be free and unfettered access to all sites and the U.N.
inspections teams stay strong," Richardson said.
Richardson said that United States officials "feel that it makes sense
to enforce the agreement."
The proposed resolution, he continued, "is a way to enforce the
agreement because it means that an unmistakable message is sent to
Iraq by the U.N. Security Council saying that: you will pay, there
will be serious consequences if you fail to live up to the agreement."
"We think that's important," Richardson said.
The U.N. said that legally, the secretary general can sign a
memorandum of understanding with a nation or organization without any
Security Council approval or resolution. However, the council's
endorsement of the pact would be beneficial politically.
At a briefing earlier in the day, U.N. legal counsel Hans Corell said
the agreement was drafted in such a way as to "give the Security
Council the full freedom to deal with the memorandum of understanding
as they see fit."
"The document was drafted as a memorandum of understanding and
contains language normally used in internationally binding
international documents," Corell said.
Corell, who accompanied the secretary general to Baghdad and drafted
the two-page agreement, said he would not give an opinion on whether
the council should pass another resolution in order to set the stage
for military strikes if Iraq does not honor the new agreement.
"That issue is in the hands of the Security Council," he said.
"Given the history of Iraq and U.N., I have no illusions the truth is
in the testing," Corell also said.
The "memorandum of understanding," which was signed by Annan and
Deputy Prime Minister Tariq Aziz on February 23, reconfirms Iraq's
acceptance of all Security Council resolutions, including the Gulf War
cease-fire resolution (687); states Iraq's agreement to accord weapons
inspectors "immediate, unconditional and unrestricted access" to all
sites; and sets up special procedures for investigating the
presidential sites.
According to the agreement, the secretary general is to establish, in
consultation with UNSCOM Chairman Richard Butler, a special group of
senior diplomats and experts drawn from UNSCOM and the International
Atomic Energy Agency (IAEA).




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