United Nations Security Council Resolution 1137 – Situation between Iraq and Kuwait

Resolution 1137 (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, 1115 (1997) of 21 June 1997,and 1134 (1997) of 23 October 1997,

Taking note with grave concern of the letter of 29 October 1997 from the Deputy Prime Minister of Iraq to the President of the Security Council(S/1997/829) conveying the unacceptable decision of the Government of Iraq to seek to impose conditions on its cooperation with the Special Commission, of theletter of 2 November 1997 from the Permanent Representative of Iraq to theUnited Nations to the Executive Chairman of the Special Commission (S/1997/837,annex) which reiterated the unacceptable demand that the reconnaissance aircraftoperating on behalf of the Special Commission be withdrawn from use and whichimplicitly threatened the safety of such aircraft, and of the letter of6 November 1997 from the Minister of Foreign Affairs of Iraq to the President of the Security Council (S/1997/855) admitting that Iraq has moved dual-capable equipment which is subject to monitoring by the Special Commission,

Also taking note with grave concern of the letters of 30 October 1997(S/1997/830) and 2 November 1997 (S/1997/836) from the Executive Chairman of theSpecial Commission to the President of the Security Council advising that the Government of Iraq had denied entry to Iraq to two Special Commission officials on 30 October 1997 and 2 November 1997 on the grounds of their nationality, and of the letters of 3 November 1997 (S/1997/837), 4 November 1997 (S/1997/843),5 November 1997 (S/1997/851) and 7 November 1997 (S/1997/864) from the Executive Chairman of the Special Commission to the President of the Security Council advising that the Government of Iraq had denied entry to sites designated for inspection by the Special Commission on 3, 4, 5, 6 and 7 November 1997 to Special Commission inspectors on the grounds of their nationality, and of the additional information in the Executive Chairman’s letter of 5 November 1997 tothe President of the Security Council (S/1997/851) that the Government of Iraq has moved significant pieces of dual-capable equipment subject to monitoring bythe Special Commission, and that monitoring cameras appear to have been tampered with or covered,

Welcoming the diplomatic initiatives, including that of the high-level mission of the Secretary-General, which have taken place in an effort to ensure that Iraq complies unconditionally with its obligations under the relevant resolutions,

Deeply concerned at the report of the high-level mission of the Secretary-General on the results of its meetings with the highest levels of the Government of Iraq,

Recalling that its resolution 1115 (1997) expressed its firm intention,unless the Special Commission 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,

Recalling also that its resolution 1134 (1997) reaffirmed its firm intention, if inter alia the Special Commission reports that Iraq is not incompliance with paragraphs 2 and 3 of resolution 1115 (1997), to adopt measures which would oblige States to refuse the entry into or transit through their territories of all Iraqi officials and members of the Iraqi armed forces who are responsible for or participate in instances of non-compliance with paragraphs 2and 3 of resolution 1115 (1997),

Recalling further the Statement of its President of 29 October 1997(S/PRST/1997/49) in which the Council condemned the decision of the Government of Iraq to try to dictate the terms of its compliance with its obligation to cooperate with the Special Commission, and warned of the serious consequences of Iraq’s failure to comply immediately and fully and without conditions or restrictions with its obligations under the relevant resolutions,

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

Determined to ensure immediate and full compliance without conditions or restrictions by Iraq with its obligations under the relevant resolutions,

Determining that this situation continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter,

1. Condemns the continued violations by Iraq of its obligations under the relevant resolutions to cooperate fully and unconditionally with the Special Commission in the fulfilment of its mandate, including its unacceptable decision of 29 October 1997 to seek to impose conditions on cooperation with the Special Commission, its refusal on 30 October 1997 and 2 November 1997 to allow entry to Iraq to two Special Commission officials on the grounds of their nationality,its denial of entry on 3, 4, 5, 6 and 7 November 1997 to sites designated by the Special Commission for inspection to Special Commission inspectors on the grounds of their nationality, its implicit threat to the safety of the reconnaissance aircraft operating on behalf of the Special Commission, its removal of significant pieces of dual-use equipment from their previous sites,and its tampering with monitoring cameras of the Special Commission;

2. Demands that the Government of Iraq rescind immediately its decision of 29 October 1997;

3. Demands also that Iraq cooperate fully and immediately and without conditions or restrictions with the Special Commission in accordance with therelevant resolutions, which constitute the governing standard of Iraqi compliance;

4. Decides, in accordance with paragraph 6 of resolution 1134 (1997),that States shall without delay prevent the entry into or transit through their territories of all Iraqi officials and members of the Iraqi armed forces who were responsible for or participated in the instances of non-compliance detailed in paragraph 1 above, provided that the entry of a person into a particularState on a specified date may be authorized by the Committee established byresolution 661 (1990) of 6 August 1990, and provided that nothing in thisparagraph shall oblige a State to refuse entry into its own territory to its ownnationals, or to persons carrying out bona fide diplomatic assignments, ormissions approved by the Committee established by resolution 661 (1990);

5. Decides also, in accordance with paragraph 7 of resolution1134 (1997), to designate in consultation with the Special Commission a list of individuals whose entry or transit will be prevented under the provisions of paragraphs 4 above, and requests the Committee established by resolution 661 (1990) to develop guidelines and procedures as appropriate for the implementation of the measures set out in paragraph 4 above, and to transmit copies of these guidelines and procedures, as well as a list of the individuals designated, to all Member States;

6. Decides that the provisions of paragraphs 4 and 5 above shall terminate one day after the Executive Chairman of the Special Commission reports to the Council that Iraq is allowing the Special Commission inspection teams immediate, unconditional and unrestricted access to any and all areas,facilities, equipment, records and means of transportation which they wish to inspect in accordance with the mandate of the Special Commission, as well as to officials and other persons under the authority of the Iraqi Government whom theSpecial Commission wishes to interview so that the Special Commission may fully discharge its mandate;

7. Decides that the reviews provided for in paragraphs 21 and 28 of resolution 687 (1991) shall resume in April 1998 in accordance with paragraph 8of resolution 1134 (1997), provided that the Government of Iraq shall have complied with paragraph 2 above;

8. Expresses the firm intention to take further measures as may be required for the implementation of this resolution;

9. Reaffirms the responsibility of the Government of Iraq under the relevant resolutions to ensure the safety and security of the personnel and equipment of the Special Commission and its inspection teams;

10. Reaffirms also 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;

11. Decides to remain seized of the matter.

Adopted by the Security Council at its 3831st meeting,on 12 November 1997.