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Iraq's position Vis -a -Vis Relevant

Security Council Resolutions

     UN Secretary General has on many occasions affirmed that the sanctions imposed on Iraq represent an ethical dilemma for the UN, and also affirmed that the imposition of the two no-fly-zones on Iraq together with the use of force is but a unilateral act that has nothing to do with Security Council resolutions. Iraq has highly appreciated the efforts exerted by Mr.Kofi Annan, and cooperated with him when the US triggered a fabricated crisis in the end of 1997 concerning the (presidential sites). This false pretext was soon uncovered when it was proved later that these sites were not at any time places for producing or stockpiling weapons of mass destruction and that the US noise was thus aiming at finding excuses for launching an aggression on Iraq.

Iraq has also cooperated positively with the UN Secretary General's initiative in the second half of 1998 on the comprehensive review. Regrettably, this initiative did not yield any concrete results because the US opposed, as it always did, the adoption of explicit aims for the comprehensive review. The US killed the comprehensive review by its aggression on Iraq on Dec.16, 1998, while the Security Council had a meeting to discuss Mr. Kofi Annan's report on possible options for starting the review. The Security Council intervened in the Iraq issue after the events of Aug.2, 1990. This intervention was motivated by a US desire to use the council as a cover to carry out the US announced policy aiming at dominating Iraq and imposing a subservient political regime on its people, as the security council decided from the very beginning to disregard all mechanisms included in chapter 6 which provides for solving disputes in a peaceful manner.

The Security Council instead, jumped to chapter 7 mechanisms in a hasty manner when it imposed on Iraq measures and arrangements that represent, as described by US officials themselves, the most comprehensive and severest sanctions regime in history. It is a violation of the right to life and a violation of human rights. The sanctions imposed on Iraq also represent a violation of many articles of the UN Charter, including article 24 which provides that (the security council behaves in accordance with the UN objectives and principles), and para. (1) of article (1) which stipulates that the sanctions or any other measures taken to preserve International peace and security should be in accordance with the principles of justice and International law.

These sanctions also represent a violation of para. (2) of article (1) which provides that the sanctions or any other measures should respect the principle of equal rights among peoples and their right to self -determination. It is impermissible to impose penalties causing international differences or contradicting the legal rights of a state, or severely harming a people's right to self - determination.

The sanctions constitute a violation of para. (3) of article (7) which provides for promoting human rights and encouragement to respect them, and para. (4) of article (1) which stipulates that the sanctions, or any other measures, should facilitate coordination of the national and international works. The sanctions which are imposed on one country and not imposed on another committing the same acts are but a violation of this coordination condition.

This sanctions regime violates para. (7) of article (2) which does not allow the UN to interfere into the affairs of a state which are regarded the essence of the internal jurisdiction of that state, and article (55) which calls on the UN to work to achieve a higher standard of living for every individual and advance the factors of economic and social progress and development.

In addition, the comprehensive sanctions being imposed on Iraq violate many other international agreements and human rights instruments. As documented by the UN agencies and human organizations, human rights organizations and researchers, these sanctions have caused a human catastrophy equal to the worst catastrophes that took place in the last decades. They caused the death of more than one million, six hundred and fifty thousand Iraqi citizens, mostly children, women and elders. It is a genocide by all criteria as its victims have outnumbered the victims caused by the use of weapons of mass destruction throughout history.

Therefore, the utmost priority should be given to lifting these illegal and immoral sanctions which have inflicted great harm not only on the people of Iraq and the peoples of states which maintain economic relations with Iraq but also on the dignity and credibility of the UN.

The comprehensive sanctions were imposed on Iraq by SC Res.No.661 (1990) to secure Iraq's compliance with para. (2) of Res.660 (1990) which stipulates (The Security Council calls on Iraq to immediately and unconditionally withdraw its forces to the positions where they were on Aug. 1, 1990).

However, when Iraq had withdrawn from Kuwait on Feb.28, 1991, these sanctions were not lifted, thereby the Security Council violated its resolution and evaded its legal commitment.

Iraq Cooperates Despite Injustice.

Although the commitments imposed on Iraq under Security Council resolution 687 were very tough and transcended the legal limits of the Security Council's authorities, Iraq cooperated with the UN and its organs to implement these commitments.

Iraq has undergone various forms of injustice and revenge represented by the destruction of its enterprises and resources. Iraq was also subject to many serious abuses, such as espionage activities which were being exercised by US and British inspectors and the officials of the special commission and the International Agency of the Atomic Energy who were carrying out the US scheme that seek to prolong the embargo, occupy Iraq and impose a subservient political regime on its people.

Iraq has undergone these sacrifices in the hope that this cooperation would guide and urge the Security Council to take a position corresponding with its explicit commitments in Res. (687).

Iraq has fulfilled its obligations

Iraq's record on fulfillment of its obligations under Res.687 is very clear. It recognized the sovereignty of the state of Kuwait, and the borders demarcated by the Security Council by an unprecedented resolution violating international law. It cooperated with the team of observers between Iraq and Kuwait (UNICOM), and returned all Kuwaiti properties found by Iraqi authorities and committed itself to return whatever they shall find in future. Iraq also accepted the principle of liability under International law, and paid compensations; almost equal to those amounts of money released by the UN out of Iraq's resources for humanitarian needs of the people of Iraq under the oil-for -food program. It returned all prisoners of war, and is still cooperating to investigate the destiny of all those missing in action .It fulfilled all requirements of disarmament included in paragraphs (7-13) of Res. (687) in a manner which we can confidently say that the inspectors of the Special Commission and the International Agency of the Atomic Energy could not find any proscribed activity or materials since 1991 until their departure at the orders of the former head of the Special Commission, Richard Butler on Dec.16 ,1990.

To give a picture of Iraq's cooperation in fulfilling section (C) of Res. (687), it is sufficient to say that (276) inspection teams consisting of (3845) inspectors have conducted (3392) visits to the designated sites, in addition to (80) delegations in the form of special missions. Among these teams there were (94) teams specialized in conducting interviews. They interviewed and interrogated (1378) persons who had direct or indirect relations with Iraq's past programs. Time of interviews totaled (2359) hours.

As regards the groups of monitoring, their number was (192) including (1332) inspectors. They conducted (10256) inspection missions to sitincluded and non-included by monitoring. It is noteworthy that the sites included by monitoring are (595) sites to which (74) sites were added under the import-export mechanism established by Res. (1051), and these added sites are the border outlets, customs, seaports, hospitals and health centers.

The Special Commission and the International Agency of the Atomic Energy used (130) cameras for monitoring distributed among (29) sites. They also used (30) sensors distributed among (23) sites, and (1929) tags for monitoring (1832) equipment and materials in (161) sites. The special commission placed 9026 tags on (99) types of missiles whose range is less than (70 Km). The Special Commission and the International Agency of the Atomic Energy used helicopters in their missions and conducted 2967 sorties with 4480 hours of flight. The US (U2) spying plan, conducted (434) sorties with (1800) hours of flight.

Iraq handed over the Special Commission and the International Agency of Atomic Energy (1744000) documents along with a number of video tapes and a 9 Km-long-microfilm containing (600000) photos with (50) thousand microfilm cards.

Statements by International Specialists on Iraq's fulfillment of its obligations.

Facts of this cooperation were reflected in some statements and attitudes of the Special Commission and the International Agency of the Atomic Energy. In the nuclear field, the (IAEA), in its report published under (Doc.S/1997/779), said that most of the agency's activities related to the destruction of the components of Iraq's past nuclear program which had been destroyed or rendered harmless were accomplished by the end of 1992. The head of the agency's work team said on Sept.2, 1992 that: "Iraq's nuclear program has become at the zero level." Paragraph (83) of the agency's report published in (Doc.S/1997/779), said that "The agency's activities related to investigating Iraq's secret nuclear program had reached the point of decreasing findings, and that the agency directs most of its resources now to its monitoring and verification plan."

The Agency's report on April 9, 1998, (DOC.S/1998/312) said the following: (The Iraqi counterpart has fulfilled its obligation by submitting a summary of the technical accomplishments of its secret nuclear program, and that the Agency considers this summary to be in conformity with the technically coherent picture of the secret nuclear program which was developed by the Agency within the course of its activities in Iraq). In its report dated July 27,1998 ( S/1998/694) , the Agency said : ( As we have previously noted , there are no indications that Iraq possesses any material capability to locally produce nuclear materials that can be used in the manufacture of weapons in quantities of practical importance . There is also no indication that Iraq has obtained or produced nuclear materials that can be used in the manufacture of weapons other than those verified and removed by the Agency in accordance with para.(13) Res. (687) (1991) . However, the Agency did not inform the Security Council up to this day that it had accomplished its disarmament missions.

Former Special Commission Chairman Rolf Ekeus said: "We have accomplished (95%) of the disarmament tasks."

Former Special commission Chairman Rolf Ekeus said: "We have accomplished (95%) of the disarmament tasks."

The Special Commission Chairman, Rolf Ekeus said on Jan.13, 1993 that (95%) of the commission's tasks of disarmament had been completed by the end of 1992 by saying that (Iraq's compliance has until now succeeded, and it would be catastrophic not to achieve the remaining (5%) of implementation.)

In April, 1997, (Doc.S/1997/301), the former Special Commission Chairman said the following: (The accumulative vestiges of the work that has been achieved during six years , since the cease-fire was put into effect between Iraq and the alliance is to such an extent that there is no longer much unknown work about Iraq's remaining proscribed armament capabilities.)

The Special Commission and the Security Council do not fulfill their obligations.

However, the Special Commission did not announce that it had completed the tasks of disarmament, and the reciprocal obligations contained in Res. (687), at the forefront of which fulfillment of paragraph (14) concerning the establishment of a free-zone of weapons of mass destruction in the Middle East, para. (21) concerning alleviating or lifting sanctions imposed on Iraq in proportion to its implementing the Security Council's resolutions, and para.(22) concerning the lifting of the embargo imposed on Iraq's exports on implementing para.(8-13) of Res.(687), and respect of Iraq's sovereignty, independence and territorial integrity. These elements are being violated by two permanent states in the Security Council by imposing no-fly-zones in the North and South since 1991 and 1992, and launching daily military aggressions since the end of 1998. Furthermore, the US and British are pursuing an open official policy that aims at launching aggression against Iraq and imposing a subservient political regime on its people and interfering in its domestic affairs.

Iraq is keen on establishing a monitoring system covering the whole region.

On the other hand, Iraq's disarmament should not be conducted in a vacuum. The Security Council has acknowledged this fact when it affirmed in para. (14) of its Res.(687) that the measures to be taken by Iraq and that are contained in para.(8-13) represent steps towards disarming the Middle East Region of weapons of mass destruction. It is quite clear that our call for implementing para. (14) of Res. (687) does not mean at all relieving ourselves of our commitment not to acquire weapons of mass destruction. On the contrary, it means that we are the first keen to establish a monitoring, inspection and verification regime that covers the whole region, and we will be the first to be included in this regime. Our keenness to apply paragraph (14) means that we are willing to apply it on Iraq in accordance with international law, the UN charter and Security Council resolutions.

Iraq claims for its legal dues

What the people of Iraq demands and what it deserves legally in accordance with International Law, the UN charter and the security council resolutions themselves that are related to Iraq is to rectify this serious situation and establish a balanced relation between Iraq and the security council based on reciprocal commitments.

Despite the full rupture imposed by the Security Council on its relations with Iraq since Dec.16, 1998, Iraq kept its commitments in the field of disarmament. President Leader, Saddam Hussein, President of the republic of Iraq affirmed on Feb.16, 2002 that Iraq is not interested in entering the armament club of weapons of mass destruction. Iraq continues its cooperation with the teams of the International Agency of the Atomic energy within the agreement of safeguards. Iraq also founded the National Monitoring Department headed by a member of the delegation, Major General, Husam Mohammed Amin. This Department is responsible for following monitoring of armament in Iraq and still continues to monitor the sites and equipment to be sure of Iraqi facilities' fulfillment of their obligations under Res. (687).

Iraq's Response to British Premier Tony Blair

In response to the UK Premier, Mr. Tony Blair's statement that Iraq continues to produce weapons of mass destruction, the Iraqi authorized spokesman has said on February 28, 2002 that Iraq is willing to immediately receive a British mission headed by Mr. Blair himself to tell us how and where Iraq tries to produce weapons of mass destruction.