The M Files: Justifying the War-Saddam's Defiance of UN Resolutions
Update
There has been an update to this article which you can find here.Original Post
There were three very compelling and justifiable reasons for the Bush administration to gather a coalition and remove Saddam Hussein from power in Iraq.
On February 5, 2003, United States Secretary of State Colin Powell addressed the General Assembly of the United Nations in which he citied that the Iraqi government under Saddam Hussein was in violation of seventeen UN resolutions calling for the disarmament of that nation as a justification for action against Saddam Hussein and Iraq.
Outlined below are the seventeen resolutions with commentary on the breaches.
1441 Passed on November 8, 2002, UNSCR 1441 found that Iraq has been and remains in material breach of its disarmament obligations. The resolution gave Iraq a final opportunity to comply with those obligations. The resolution demanded that Iraq submit a currently accurate, full and complete declaration of its weapons of mass destruction and related programs within 30 days. Further demanded that Iraq cooperate immediately, unconditionally, and actively with the UN inspections. The resolution decided that false statements or omissions in Iraq's declarations and failure by Iraq at any time to comply with and cooperate fully in the implementation of this resolution would constitute further material breach. Finally, the resolution recalled that the Security Council has repeatedly warned Iraq that it will face serious consequences as a result of its continued violations.
The important thing to take from this resolution is that it is the seventeenth of its kind regarding Iraq's flagrant and obvious desire to not comply with the United Nations or with its obligations to disarm after the first Gulf War. It is important to note that Iraq was expected to accurately declare its programs and weapons within 30 days of November 8, 2002. Hans Blix, the UN head of UNMOVIC (the organization of inspectors sent by the UN to verify Iraq's cooperation in disarmament), noted several issues with their declaration in his briefing to the Security Council. Specifically, he addressed inconsistencies in the biological, chemical and missile portions of the document.
1284 Passed on December 17, 1999, UNSCR 1284 created the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) to replace the previous weapons inspection team known as UNSCOM. The resolution insisted that Iraq allow UNMOVIC "immediate, unconditional and unrestricted access" to Iraqi officials and facilities. The resolution insisted that Iraq fulfill its commitment to return Gulf War prisoners. And called on Iraq to distribute humanitarian goods and medical supplies to its people and address the needs of vulnerable Iraqis without discrimination.
The same briefing Blix delivered to the Security council in the commentary for 1441 included at least one anecdote regarding problems getting access to facilities during this time period (Blix and his team visited a site on a Friday, the Muslim day of rest, and a number of offices were locked with no key available. The team agreed to seal the rooms until the next day, but stated that the team had the right to inspect facilities whenever they wanted to do so.)
1205 Passed on November 5, 1998, UNSCR 1205 condemned the decision by Iraq to cease cooperation with UN inspectors as a "flagrant violation" of UNSCR 687 and other resolutions. 1205 insisted that Iraq provide "immediate, complete and unconditional cooperation" with UN and IAEA inspectors.
The inspection team returned to Baghdad on November 17, 1998 after a couple weeks of diplomacy with the government of Iraq. Immediate is defined as "occurring at once" or "near the present time." One could make an argument that Iraq's compliance within twelve days would constitute as "near the present time", that wasn't what the Security Council had in mind despite resolution of the problem by the Secretary General in a remarkable feat of diplomacy. (This last sentence is the author's point of view and not necessarily the point of view of the UN officials.)
1194 Passed on September 9, 1998, UNSCR 1194 condemned the decision by Iraq to cease cooperation with UN and IAEA inspectors, which constituted "a totally unacceptable contravention" of its obligations under UNSCR 687, 707, 715, 1060, 1115, and 1154. The resolution further demanded that Iraq cooperate fully with the UN and IAEA weapons inspectors and allow immediate, unconditional, and unrestricted access.
This is another instance of Iraq's "delaying of the game" tactics. Again, Iraq failed to meet their obligations under this resolution when on October 21, 1998, Iraq announced that it was ceasing all cooperation with UNSCOM. President Clinton reported to Congress that: on October 31, he signed into law the Iraq Liberation Act of 1998, which provided new discretionary authorities to assist the opposition in their struggle against the regime. Furthermore, he reported that in response to a United States proposal, the United Nations Security Council agreed to on October 13 to seek clarification from Iraq of statements made by Iraqi officials on October 7 concerning the existence of additional information on biological weapons still in Iraq’s hands, and about Iraq's refusal to turn over the Iraqi Air Force document on chemical weapons expended in the Iran-Iraq War. (Author's Note: the Air Force document was later turned over to UNSCOM and was addressed in the report noted in the Resolution 1205 paragraph.)
1154 Passed on March 2, 1998, UNSCR 1154 insisted that Iraq cooperate fully with UN and IAEA weapons inspectors and allow immediate, unconditional, and unrestricted access, and notes that any violation would have the "severest consequences for Iraq."
This did not happen as outlined above. (Author's Note: I'm not sure what happened to the severest consequences for Iraq, but whatever they were they obviously were insufficient to get the job done of convincing Saddam to comply.)
1137 Passed on November 12, 1997, UNSCR 1137 condemned the continued violations by Iraq of previous resolutions, including its "implicit threat to the safety of" aircraft operated by UN inspectors and its tampering with UN monitoring equipment. The resolution reaffirmed Iraq's responsibility to ensure the safety of the UN inspectors and insisted that Iraq must cooperate fully with the UN weapons inspectors and allow immediate, unconditional, and unrestricted access.
In a report to the Security Council in January 1998, Richard Butler indicated that there were problems with inspections in January 1998.
1134 Passed on October 23, 1997, UNSCR 1134 condemned repeated refusal of Iraqi authorities to allow access to UN inspectors, which constituted a "flagrant violation" of UNSCR 687, 707, 715, and 1060. The resolution further insisted that Iraq cooperate fully with the UN inspectors and allow immediate, unconditional, and unrestricted access and that Iraq must give immediate, unconditional, and unrestricted access to Iraqi officials whom UN inspectors wanted to interview.
1115 Passed on June 21, 1997, UNSCR 1115 condemned repeated refusal of Iraqi authorities to allow access to UN inspectors, which constituted a "clear and flagrant violation" of UNSCR 687, 707, 715, and 1060. The resolution further insisted that Iraq cooperate fully with the UN inspectors and allow immediate, unconditional, and unrestricted access and that Iraq must give immediate, unconditional, and unrestricted access to Iraqi officials whom UN inspectors wanted to interview.
The United Nations was so impressed by the Iraqi cooperation that the Security Council essentially re-wrote resolution 1115 when they penned resolution 1134.
1060 Passed on June 12, 1996, UNSCR 1060 deplored Iraq's refusal to allow access to UN inspectors and Iraq's "clear violations" of previous UN resolutions. Further, the resolution indicated that Iraq must cooperate fully with the UN weapons inspectors and allow immediate, unconditional and unrestricted access.
1051 Passed on March 27, 1996, UNSCR 1051 ordered Iraq to report shipments of dual-use items related to weapons of mass destruction to the UN and IAEA. Again, the resolution called on Iraq to cooperate fully with UN and IAEA inspectors and allow immediate, unconditional, and unrestricted access.
949 Passed on October 15, 1994, UNSCR 949 condemned Iraq's military deployments toward Kuwait. The resolution ordered Iraq to not utilize military or other forces in a hostile manner to threaten its neighbors or UN operations in Iraq, nor enhance its military capability in southern Iraq and again demanded that Iraq cooperate fully with the UN inspectors.
715 Passed on October 11, 1991, UNSCR 715 insisted that Iraq must cooperate fully with UN and IAEA inspectors.
707 Passed on August 17, 1991, UNSCR 707 condemned Iraq's "serious violation" of UNSCR 687 and further condemned Iraq's noncompliance with IAEA and its obligations under the Nuclear Non-Proliferation Treaty. The resolution insisted that Iraq halt nuclear activities of all kinds until the Security Council deemed Iraq in full compliance. Again, insisted that Iraq allow UN and IAEA inspectors immediate, unconditional and unrestricted access while demanding that Iraq make a full, final and complete disclosure of all aspects of its weapons of mass destruction and missile programs. Furthermore, the resolution demanded that Iraq cease attempts to conceal or move weapons of mass destruction, and related materials and facilities. Lastly the resolution outlined that Iraq must allow UN and IAEA inspectors to conduct flights throughout Iraq and that Iraq must provide transportation, medical, and logistical support for UN and IAEA inspectors.
688 Passed on April 5, 1991, UNSCR 688 condemned the repression of Iraqi civilian population, "the consequences of which threaten international peace and security." The resolution demanded that Iraq immediately end repression of its civilian population and that Iraq must allow immediate access to international humanitarian organizations to those in need of assistance.
687 Passed on April 3, 1991, UNSCR 687 demanded that Iraq "unconditionally accept" the destruction, removal, or rendering harmless "under international supervision" of all "chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities." Furthermore, Iraq must "unconditionally agree not to acquire or develop nuclear weapons or nuclear-weapons-usable-material" or any research, development or manufacturing facilities." Also, Iraq must "unconditionally accept" the destruction, removal or rendering harmless "under international supervision" of all "ballistic missiles with a range greater than 150km and related major parts and repair and production facilities." In general, Iraq must not "use, develop, construct or acquire" any weapons of mass destruction and again reaffirm its obligations under the Nuclear Non-Proliferation Treaty. This resolution created the United Nations Special Commission (UNSCOM) to verify the elimination of Iraq's weapons programs and mandated that the International Atomic Energy Agency verify elimination of Iraq's nuclear weapons program. The resolution demanded that Iraq declare fully its weapons of mass destruction programs. Furthermore, Iraq must not commit or support terrorism, or allow terrorist organizations to operate in Iraq.
686 Passed on March 2, 1991, UNSCR 686 reminded Iraq of its obligation to restore international peace and security in the region.
678 Passed on November 29,1990, UNSCR 678 demanded that Iraq comply fully with UNSCR 660 (regarding Iraq's illegal invasion of Kuwait) "and all subsequent relevant resolutions." The resolution also authorized UN Member States "to use all necessary means to uphold and implement resolution 660 and all subsequent relevant resolutions and to restore international peace and security in the area."
Conclusion - It was the responsibility of Saddam Hussein and the Iraqi government to prove that they did not have weapons of mass destruction beyond a reasonable doubt. It was never the inspectors mandate to prove that they did indeed have weapons of mass destruction. A common theme throughout the resolutions was Iraq's failure to submit a full, final and complete accounting of their weapons of mass destruction and related programs and facilities. Another theme was Iraq's failure to allow immediate, unconditional and unrestricted access to facilities and personnel with relevant knowledge about the weapons of mass destruction.
In addition to the seventeen resolutions specifically aimed at Iraq for their obligations in resolving the first Gulf War, there are an additional eight UN Security Council Resolutions that would apply to Iraq's behavior as it pertains to terrorism, international peace, and security.
UNSCR 1189, calls upon all Member States to adopt "effective and practical measures for security cooperation, for the prevention of such acts of terrorism, and for the prosecution and punishment of their perpetrators."
UNSCR 1368 calls on all Member States to "work together urgently to bring to justice the perpetrators, organizers and sponsors of these terrorist attacks and stresses that those responsible for aiding, supporting or harboring the perpetrators, organizers and sponsors of these acts (9/11) will be held accountable."
UNSCR 1373 calls on all Member States to "work together to urgently prevent and suppress terrorist acts, including through increased cooperation and full implementation of the relevant international conventions relating to terrorism." Furthermore, the Security Council decides that all States shall prevent the financing of terrorist acts and refrain from "providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorist." Amongst the other directives to Member States in this resolution is the order to "prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents." Also, Member States are called upon to "cooperate, particularly through bilateral and multilateral arrangements and agreements, to prevent and suppress terrorist attacks and take action against perpetrators of such acts."
UNSCR 1377 calls on all States to "take urgent steps to implement fully Resolution 1373, and to assist each other in doing so, and underlines the obligation on States to deny financial and all other forms of support and safe haven to terrorists and those supporting terrorism."
UNSCR 1438 reaffirmed Resolution 1373 and reaffirmed the "need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts." (Author's note: this resolution was passed regarding the bombing in Bali, Indonesia on October 12, 2002.)
UNSCR 1440 reaffirmed Resolution 1373 and reaffirmed the "need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts." (Author's note: this resolution was passed regarding the taking of hostages in Moscow on October 23, 2003.)
UNSCR 1450 urged all States, in accordance with their obligations under Resolution 1373, to cooperate in efforts to find and bring to justice the perpetrators, organizers and sponsors of terrorist acts. (Author's note: this resolution was passed regarding the bombing in Kikambala, Kenya and the attempted missile attack on an Israeli airliner departing from Mombasa, Kenya.)
UNSCR 1452 reaffirmed Resolution 1373 and reiterated its support for international efforts to root out terrorism.
Conclusion - Iraq was under obligation to take action against terrorism and terrorists as a member State of the United Nations. It is clear that Saddam Hussein forged a relationship with al Qaeda ally, Ansar al-Islam which was based in northern Iraq.
In May of 2003, Stephen F. Hayes from The Weekly Standard, reports that Uday Hussein, who ran Iraqs state newspaper Babil published information that appears to confirm the allegation that there was a connection between the Iraqi government and the al Qaeda. The article in Babil acknowledged Abd-al-Karim Muhammad Aswad as an intelligence officer for Osama bin Laden's network. The article, dated November 16, 2002 also indicated that this same man was the regime's representative in Pakistan. The Hayes article is rather convincing in its scope and detail that there was indeed a connection between the two biggest foes of the United States.
Lastly, it is no secret that Saddam Hussein was brutal and cruel in to his own people. Mass graves have been uncovered throughout the course of the war. It is a matter of no contention that the Hussein regime used weapons of mass destruction against his own people. The humanitarian situation during and after the first Gulf War further illustrates the regime's disdain for the Iraqi people.
There were three reasons the action undertaken by the United States under the Bush administration was justified: failure by the Iraqi regime under Saddam Hussein to fully disarm violating a significant number of United Nations Security Council Resolutions; the connection to, the aiding of, and the harboring of terrorists and terrorist organizations, again in violation of a number of United Nations Security Council Resolutions; and the deplorable humanitarian situation that the regime created against his own people.
The United Nations had the right to sanction action against Iraq, but did not do so, leaving the United States the responsibility to round up a coalition without support from the United Nations. The United Nations should have sanctioned the action based on Article One of the United Nations Charter:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
The UN failed to maintain the international peace and security when it failed to enforce the consequences of any of the 17 resolutions against Iraq's former regime; the UN failed to take collective measures for the prevention and removal of the threats to the peace as presented by Iraq's former regime; nor did the UN suppress the acts of aggression or other breaches of the peace by the former Iraq regime, or brought about by peaceful means, and in the conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to the breach of the peace by the former Iraq regime.
17 resolutions. All promising the resumption of hostilities if Iraq's former regime failed to comply. Saddam Hussein did not comply. He mocked the UN and its inspectors. He mocked the world. And he mocked his agreements to disarm.
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
The UN failed to develop friendly relations among nations based on respect for the principle of equal rights and self determination of peoples when they failed to take action against the former Iraq regime in light of the genocide that took place there. And the UN failed to take other appropriate measures to strengthen universal peace, again because the UN failed to back any of the 17 resolutions that the UN passed regarding the former Iraq regime.
Saddam Hussein killed thousands of his own people while the UN looked on and did nothing. He made a mockery of equal rights and the self determination of his people. And he certainly made a mockery of "universal peace."
3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
The UN failed to achieve international cooperation in solving the international problems of enforcing their 17 resolutions calling for the disarming of Iraq's former regime. The UN failed to promote or encourage respect for human rights or the fundamental freedom of Iraq's people when they sat by watching the genocide.
4. To be a center for harmonizing the actions of nations in the attainment of these common ends.
The UN failed to be a center for harmonizing the actions of nations in the attainment of the above common ends when the UN failed to take action in support of the 17 resolutions passed by the UN to disarm the former regime of Iraq.
Iraq left the United States and its allies no option but to go to the United Nations. The United States and our allies repeatedly went to the United Nations in an effort to persuade the United Nations to take action, but in the end the United Nations could not agree on a mandate. The coalition was compelled to take action without an agreement when the United Nations failed to execute their Charter. Thus the US-led coalition went to Iraq with the intent of liberating the people of Iraq from a vile regime that committed atrocities and securing the region from a ruthless dictator who supported terrorism.
Additional Sources
The United Nations
Iraq Watch
BBC News article, "UN Resolutions on Iraq"
United States Diplomatic Mission to Italy - file article, "Text: Clinton's Report on Iraq's Non-Compliance With UN Resolutions"
