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Since the invasion of Kuwait on 2 August 1990, there have been forty-one resolutions adopted by the UN Security Council relating to Iraq up to the time of writing.[10] This paper divides these resolutions into the following groups:
- 12 resolutions adopted prior to the Gulf War, of which two are selected for detailed comment because of their importance to the question discussed in this paper;
- 29 resolutions adopted after the Gulf War, of which 5 are selected for detailed comment because of their importance;
The twelve resolutions listed above, adopted before the Gulf War, are referred to in this paper in the course of considering the arguments put forth in favour of the US position. A summary of the contents of these resolutions is contained in Appendix 3 of this paper.
The Seven Key Resolutions
The seven resolutions selected for detailed discussion are reproduced in full in Appendix 2. The following is a summary of their provisions:
S/RES/665 (1990) - 25 August 1990
Called upon states deploying maritime forces to use such measures as may be necessary to halt all maritime shipping in order to inspect cargo and ensure strict implementation of Resolution 661; coordinates actions using "as appropriate" the Military Staff Committee.
S/RES/678 (1990) - 29 November 1990
Demands Iraq comply with UNSCR 660 and gives it one final "pause of goodwill"; authorizes states cooperating in multinational coalition in the Gulf to "use all necessary means to uphold and implement Resolution 660 (1990) and all subsequent relevant resolutions."
S/RES/686 (1991) - 2 March 1991
Noted the suspension of combat operations and the intention of the coalition states to bring their military presence in Iraq to an end as soon as possible; demanded that Iraq implement all previous Security Council resolutions going back to Resolution 660 (1990), and recognized that, pending such implementation, the provisions of paragraph 2 of Resolution 678 (1990) remain valid.
S/RES/687 (1991) - 3 April 1991
Established detailed measures for a cease-fire including: deployment of a United Nations Observer Unit; arrangements for demarcating the Iraq-Kuwait border; the removal or destruction of Iraqi weapons of mass destruction and measures to prevent their reconstitution, under supervision of a Special Commission and the Director General of the IAEA; and creation of a compensation fund to cover direct loss and damage resulting from Iraq's invasion of Kuwait.
S/RES/689 (1991) - 9 April 1991
Approved the report of the Secretary-General in which he informed the Security Council that the observer unit (UNIKOM) had been deployed in the demilitarized zone thus bringing the cease-fire into effect.
S/RES/949 (1994) - 15 October 1994
Referred to recent behaviour of Iraq involving threats and intimidation against its neighbours including Kuwait, referred in particular to paragraph 2 of Resolution 678 (1990), condemned Iraq's recent military deployment in the direction of Kuwait and demanded that Iraq not again utilize its military or other forces in a hostile or provocative manner.
S/RES/1154 (1998) - 2 March 1998
Endorsed the Memorandum of Understanding between the United Nations and Iraq dated 23 February 1998 on special procedures for the inspection of eight presidential sites in Iraq; and stressed that any violation by Iraq of its obligations under Resolution 687 (1991) would have severest consequences.
A brief explanation of the reasons for selecting these resolutions is in order:
Resolution 678 (1990), adopted 29 November 1990 - selected for discussion because it was the resolution that specifically authorized the use of military force during the Gulf War (January - May 1991); in this resolution, the passage that was accepted by all concerned as authorizing the use of military force was ". . . to use all necessary means . . ."
Resolution 665 (1990), adopted 25 August 1990 - selected for discussion because it is the only other resolution that specifically authorizes military action - in this case for the purpose of establishing a naval blockade against Iraq; this resolution used the following words to authorize the use of military force: ". . . to use such measures commensurate to the specific circumstances as may be necessary . . ."
Resolution 686 (1991), adopted 2 March 1991 - selected because it includes a specific reference to Resolutions 678 (1990) and 665 (1990).
Resolution 687 (1991), adopted 3 April 1991 - selected because it specifies the terms of the cease-fire and is mentioned by those arguing in favour of the US position.
Resolution 949 (1994), adopted 15 October 1994 - selected because it specifically mentions Resolution 678 (1990).
Resolution 1154 (1998), adopted 2 March 1998 - selected because those arguing in favour of the US position are referring to it.
Of the foregoing seven resolutions, two will be mentioned with particular frequency. They will be referred to on most occasions as:
- the November Resolution (678)
- the April Resolution (687).
Certain of the paragraphs contained in these resolutions are referred to on numerous occasions in this paper. They are set out here for ease of reference:
Paragraph 2 of the November Resolution (678):
2. [The Security Council . . . acting under Chapter VII of the Charter] . . . authorizes Member States cooperating with the Government of Kuwait unless Iraq on or before 15 January 1991 fully implements as set forth in paragraph 1 above the foregoing resolutions to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area.
Paragraph 6 of the April Resolution (687):
6. [The Security Council . . . acting under Chapter VII] . . . notes that as soon as the Secretary-General notifies the Security Council of the completion of the deployment of the United Nations observer unit, the conditions will be established for the Member States cooperating with Kuwait in accordance with Resolution 678 (1990) to bring their military presence in Iraq to an end consistent with Resolution 686 (1991);
Paragraph 34 of the April Resolution (687):
34. [The Security Council] . . . decides to remain seized of the matter and to take such further steps as may be required for the implementation of the present resolution and to secure peace and security in the area.
A search of the remaining twenty-four resolutions reveals that none of them contains the words "all necessary means" or the words "such measures as may be necessary"; nor does any such resolution contain any other words in the operative provisions dealing with enforcement (except for four resolutions that call upon member states to cooperate in the imposition of sanctions (Nos. 661, 712, 715 and 778) and three resolutions that threaten to impose a ban on travel by certain Iraqi officials (Nos. 1115, 1134 and 1137).
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