United Nations Security Council Resolution 1134 – Situation between Iraq and Kuwait

Resolution 1134 (1997)

The Security Council,

Recalling all its previous relevant resolutions, and in particular its resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991)of 11 October 1991, 1060 (1996) of 12 June 1996, and 1115 (1997) of21 June 1997,

Having considered the report of the Executive Chairman of the Special Commission dated 6 October 1997 (S/1997/774),

Expressing grave concern at the report of additional incidents since the adoption of resolution 1115 (1997) in which access by the Special Commissioninspection teams to sites in Iraq designated for inspection by the Commission Was again denied by the Iraqi authorities,

Stressing the unacceptability of any attempts by Iraq to deny access to such sites,

Taking note of the progress nevertheless achieved by the Special Commission, as set out in the report of the Executive Chairman, towards the elimination of Iraq’s programme of weapons of mass destruction,

Reaffirming its determination to ensure full compliance by Iraq with allits obligations under all previous relevant resolutions and reiterating its demand that Iraq allow immediate, unconditional and unrestricted access to theSpecial Commission to any site which the Commission wishes to inspect, and inparticular allow the Special Commission and its inspection teams to conduct both fixed wing and helicopter flights throughout Iraq for all relevant purposesincluding inspection, surveillance, aerial surveys, transportation and logistics without interferences of any kind and upon such terms and conditions as may be determined by the Special Commission, and to make use of their own aircraft and such airfields in Iraq as they may determine are most appropriate for the work of the Commission,

Recalling that resolution 1115 (1997) expresses the Council’s firm intention, unless the Special Commission has advised the Council that Iraq is in substantial compliance with paragraphs 2 and 3 of that resolution, to impose additional measures on those categories of Iraqi officials responsible for the non-compliance,

Reiterating the commitment of all Member States to the sovereignty,territorial integrity and political independence of Kuwait and Iraq,

Acting under Chapter VII of the Charter of the United Nations,

1. Condemns the repeated refusal of the Iraqi authorities, as detailed inthe report of the Executive Chairman of the Special Commission, to allow access to sites designated by the Special Commission, and especially Iraqi actions endangering the safety of Special Commission personnel, the removal and destruction of documents of interest to the Special Commission and interferencewith the freedom of movement of Special Commission personnel;

2. Decides that such refusals to cooperate constitute a flagrant violation of Security Council resolutions 687 (1991), 707 (1991), 715 (1991) and1060 (1996), and notes that the Special Commission in the report of the Executive Chairman was unable to advise that Iraq was in substantial compliancewith paragraphs 2 and 3 of resolution 1115 (1997);

3. Demands that Iraq cooperate fully with the Special Commission in accordance with the relevant resolutions, which constitute the governing standard of Iraqi compliance;

4. Demands in particular that Iraq without delay allow the Special Commission inspection teams immediate, unconditional and unrestricted access toany and all areas, facilities, equipment, records and means of transportation which they wish to inspect in accordance with the mandate of the SpecialCommission, as well as to officials and other persons under the authority of theIraqi Government whom the Special Commission wishes to interview so that theSpecial Commission may fully discharge its mandate;

5. Requests the Chairman of the Special Commission to include in all future consolidated progress reports prepared under resolution 1051 (1996) anannex evaluating Iraq’s compliance with paragraphs 2 and 3 of resolution1115 (1997);

6. Expresses the firm intention – if the Special Commission reports that Iraq is not in compliance with paragraphs 2 and 3 of resolution 1115 (1997) orif the Special Commission does not advise the Council in the report of theExecutive Chairman due on 11 April 1998 that Iraq is in compliance withparagraphs 2 and 3 of resolution 1115 (1997) – to adopt measures which wouldoblige all States to prevent without delay the entry into or transit throughtheir territories of all Iraqi officials and members of the Iraqi armed forceswho are responsible for or participate in instances of non-compliance withparagraphs 2 and 3 of resolution 1115 (1997), provided that the entry of aperson into a particular State on a specified date may be authorized by theCommittee established by resolution 661 (1990), and provided that nothing inthis paragraph shall oblige a State to refuse entry into its own territory to its own nationals or persons carrying out bona fide diplomatic assignments ormissions;

7. Decides further, on the basis of all incidents related to theimplementation of paragraphs 2 and 3 of resolution 1115 (1997), to begin todesignate, in consultation with the Special Commission, individuals whose entryor transit would be prevented upon implementation of the measures set out inparagraph 6 above;

8. Decides not to conduct the reviews provided for in paragraphs 21and 28 of resolution 687 (1991) until after the next consolidated progress report of the Special Commission, due on 11 April 1998, after which those reviews will resume in accordance with resolution 687 (1991), beginning on 26 April 1998;

9. Reaffirms its full support for the authority of the Special Commission under its Executive Chairman to ensure the implementation of its mandate under the relevant resolutions of the Council;

10. Decides to remain seized of the matter.

Adopted by the Security Council at its 3826th meeting,on 23 October 1997.