SC8 -- Situation in Iraq

SUBMITTED TO: The Security Council
SUBJECT: Situation in Iraq
SUBMITTED BY: Spain, United Kingdom
SIGNATORY:
 
The Security Council

Recalling all its previous relevant Resolutions, in particular its resolutions 661 (1990) of 6 August 19990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (881) of 5 April 1991), 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999, and 1441 (2002) of 8 November 2002, and all the relevant statements of its President,

Recalling that in its Resolution 687 the Council declared that a cease-fire would be based on acceptance by Iraq of the provisions of that resolution, including obligations on Iraq contained therein,

Recalling that its Resolution 1441 (2002), while acknowledging that Iraq has been and remains in material breach of its obligations, afforded Iraq a final opportunity to comply with its disarmament obligations under relevant resolutions,

Recalling that in its Resolution 1441 (2002), the Council decided that false statements or omissions in the declaration submitted by Iraq pursuant to that resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, that resolution, would constitute a further material breach,

Noting, in that context, that in its Resolution 1441 (2002), the Council recalled that it has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations of its obligations,

Noting that Iraq has submitted pursuant to its Resolution 1441 (2002) containing false statements and omissions, has failed, and continues to fail to comply with, and cooperate fully in the implementation of that resolution,

Further noting that there is a need for a definite timetable for inspections to establish the nature of Iraq's cooperation but at the same time it should relieve the pressure on Iraq to disarm,

Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq, Kuwait, and the neighboring states,

Mindful of its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security,

Recognizing the threat Iraqâs continued noncompliance with Council Resolutions and proliferations of weapons of mass destruction and long-range missiles poses to international peace and security,

Determined to secure full compliance with its decisions and to restore international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,
 
1. Reaffirms the need for full implementation of its Resolution 1441 (2002);
 
2. Instructs the United Nations Monitoring, Verification, and Inspection Commission (UNMOVIC) that within 15 days from the adoption of this Resolution to report to the Council on the following matters:
 
a. setting a list of the key disarmament issue-questions;
 
b. setting the tasks to achieve disarmament on the various issue questions, including missile-delivery systems banned in its Resolution 687, chemical weapons and precursors, biological weapons and materials, and nuclear weapons;
 
c. the time-frame in which Iraq has to accomplish the tasks ennumerated on paragraph 2 b above;
 
3. Demands that Iraq provides uncontrovertible and verifiable evidence regarding prior destruction of all such items ennumerated on its Resolutions 687 and 1441;
 
4. Further instructs UNMOVIC to present to the Security Council three reports every seven days after the adoption of this Resolution on Iraq's cooperation on substance;
 
5. Decides that three days after the final report mandated in paragraph 3 above UNMOVIC reports that Iraq has demonstrated full, uncontiditonal, immediate and active cooperation with the stipulations established by the Council in its Resolutions, the Council will consult in order to establish an expanded monitoring and verification mission will be dispatched which will report every subsequent 14 days on Iraq's cooperation on substance;
 
6. Further decides that if after the final report mandated in paragraph 3 above, Iraq has not demonstrated substantial compliance with the stipulations established by the Council in its Resolution, Iraq is in further material breach of its obligations and authorizes Member States to use all necessary means to uphold and implement the disarmament provisions established in its Resolution 687 and 1441;
 
7. Further decides that if expanded the expanded monitoring and verification mission reports that Iraq is not cooperating, Iraq misses any deadline established in paragraph 2b above, or it expels the expanded monitoring and verification mission, Iraq is in further material breach of its obligations and authorizes Member States to use all necessary means to uphold and implement the disarmament provisions established in its Resolution 687 and 1441;
 
8. Decides to remain actively seized on the matter.