United Nations Security Council Resolution 1441 – Situation between Iraq and Kuwait

Resolution 1441 (2002)

The Security Council,

Recalling all its previous relevant resolutions, in particular its resolutions 661(1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991) of 15August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, and1284 (1999) of 17 December 1999, and all the relevant statements of its President,

Recalling also its resolution 1382 (2001) of 29 November 2001 and itsintention to implement it fully,

Recognizing the threat Iraq’s non-compliance with Council resolutions andproliferation of weapons of mass destruction and long-range missiles poses tointernational peace and security,

Recalling that its resolution 678 (1990) authorized Member States to use allnecessary means to uphold and implement its resolution 660 (1990) of 2 August1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area,

Further recalling that its resolution 687 (1991) imposed obligations on Iraq asa necessary step for achievement of its stated objective of restoring internationalpeace and security in the area,

Deploring the fact that Iraq has not provided an accurate, full, final, andcomplete disclosure, as required by resolution 687 (1991), of all aspects of itsprogrammes to develop weapons of mass destruction and ballistic missiles with arange greater than one hundred and fifty kilometres, and of all holdings of suchweapons, their components and production facilities and locations, as well as allother nuclear programmes, including any which it claims are for purposes notrelated to nuclear-weapons-usable material,

Deploring further that Iraq repeatedly obstructed immediate, unconditional,and unrestricted access to sites designated by the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA),failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM and the IAEA in 1998,

Deploring the absence, since December 1998, in Iraq of international monitoring, inspection, and verification, as required by relevant resolutions, of weapons of mass destruction and ballistic missiles, in spite of the Council’s repeated demands that Iraq provide immediate, unconditional, and unrestricted access to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC),established in resolution 1284 (1999) as the successor organization to UNSCOM,and the IAEA, and regretting the consequent prolonging of the crisis in the regionand the suffering of the Iraqi people,

Deploring also that the Government of Iraq has failed to comply with its commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution 688 (1991) to end repression of its civilian population and to provide access by international humanitarian organizations to all those in need of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third country nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq,

Recalling that in its resolution 687 (1991) the Council declared that a ceasefirewould be based on acceptance by Iraq of the provisions of that resolution, includingthe obligations on Iraq contained therein,

Determined to ensure full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions and recalling that the resolutions of the Council constitute the governing standard of Iraqi compliance,

Recalling that the effective operation of UNMOVIC, as the success ororganization to the Special Commission, and the IAEA is essential for the implementation of resolution 687 (1991) and other relevant resolutions,

Noting that the letter dated 16 September 2002 from the Minister for Foreign Affairs of Iraq addressed to the Secretary-General is a necessary first step toward rectifying Iraq’s continued failure to comply with relevant Council resolutions,

Noting further the letter dated 8 October 2002 from the Executive Chairman of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the Government of Iraq laying out the practical arrangements, as a follow-up to their meeting in Vienna, that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the IAEA, and expressing the gravest concern at the continued failure by the Government of Iraq to provide confirmation of the arrangements as laid out in that letter,

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

Commending the Secretary-General and members of the League of Arab States and its Secretary-General for their efforts in this regard,

Determined to secure full compliance with its decisions,

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

1. Decides that Iraq has been and remains in material breach of itsobligations under relevant resolutions, including resolution 687 (1991), in particularthrough Iraq’s failure to cooperate with United Nations inspectors and the IAEA,and to complete the actions required under paragraphs 8 to 13 of resolution 687(1991);

2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the Council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council;

3. Decides that, in order to begin to comply with its disarmament obligations, in addition to submitting the required biannual declarations, the Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, notlater than 30 days from the date of this resolution, a currently accurate, full, andcomplete declaration of all aspects of its programmes to develop chemical,biological, and nuclear weapons, ballistic missiles, and other delivery systems suchas unmanned aerial vehicles and dispersal systems designed for use on aircraft,including any holdings and precise locations of such weapons, components, sub-components, stocks of agents, and related material and equipment, the locations andwork of its research, development and production facilities, as well as all otherchemical, biological, and nuclear programmes, including any which it claims are forpurposes not related to weapon production or material;

4. Decides that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with,and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq’s obligations and will be reported to the Council for assessment in accordance with paragraphs 11 and 12 below;

5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate,unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect, as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom UNMOVIC or the IAEA wishto interview in the mode or location of UNMOVIC’s or the IAEA’s choice pursuantto any aspect of their mandates; further decides that UNMOVIC and the IAEA mayat their discretion conduct interviews inside or outside of Iraq, may facilitate thetravel of those interviewed and family members outside of Iraq, and that, at the solediscretion of UNMOVIC and the IAEA, such interviews may occur without thepresence of observers from the Iraqi Government; and instructs UNMOVIC andrequests the IAEA to resume inspections no later than 45 days following adoption ofthis resolution and to update the Council 60 days thereafter;

6. Endorses the 8 October 2002 letter from the Executive Chairman ofUNMOVIC and the Director-General of the IAEA to General Al-Saadi of theGovernment of Iraq, which is annexed hereto, and decides that the contents of theletter shall be binding upon Iraq;

7. Decides further that, in view of the prolonged interruption by Iraq of the presence of UNMOVIC and the IAEA and in order for them to accomplish the tasks set forth in this resolution and all previous relevant resolutions and notwithstanding prior understandings, the Council hereby establishes the following revised or additional authorities, which shall be binding upon Iraq, to facilitate their work inIraq:

– UNMOVIC and the IAEA shall determine the composition of their inspection teams and ensure that these teams are composed of the most qualified and experienced experts available;

– All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities,corresponding to those of experts on mission, provided in the Convention on Privileges and Immunities of the United Nations and the Agreement on the Privileges and Immunities of the IAEA;

– UNMOVIC and the IAEA shall have unrestricted rights of entry into and out of Iraq, the right to free, unrestricted, and immediate movement to and from inspection sites, and the right to inspect any sites and buildings, including immediate, unimpeded, unconditional, and unrestricted access to Presidential Sites equal to that at other sites, notwithstanding the provisions of resolution1154 (1998) of 2 March 1998;

– UNMOVIC and the IAEA shall have the right to be provided by Iraq the names of all personnel currently and formerly associated with Iraq’s chemical,biological, nuclear, and ballistic missile programmes and the associated research, development, and production facilities;

– Security of UNMOVIC and IAEA facilities shall be ensured by Sufficient United Nations security guards;

– UNMOVIC and the IAEA shall have the right to declare, for the purposes of freezing a site to be inspected, exclusion zones, including surrounding areas and transit corridors, in which Iraq will suspend ground and aerial movements so that nothing is changed in or taken out of a site being inspected;

– UNMOVIC and the IAEA shall have the free and unrestricted use and landing of fixed- and rotary-winged aircraft, including manned and unmanned reconnaissance vehicles;

– UNMOVIC and the IAEA shall have the right at their sole discretion verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems,components, records, materials, and other related items, and the right to impound or close any facilities or equipment for the production thereof; and

– UNMOVIC and the IAEA shall have the right to free import and use of equipment or materials for inspections and to seize and export any equipment,materials, or documents taken during inspections, without search of UNMOVIC or IAEA personnel or official or personal baggage;

8. Decides further that Iraq shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of anyMember State taking action to uphold any Council resolution;

9. Requests the Secretary-General immediately to notify Iraq of this resolution, which is binding on Iraq; demands that Iraq confirm within seven days of that notification its intention to comply fully with this resolution; and demands further that Iraq cooperate immediately, unconditionally, and actively withUNMOVIC and the IAEA;

10. Requests all Member States to give full support to UNMOVIC and theIAEA in the discharge of their mandates, including by providing any information related to prohibited programmes or other aspects of their mandates, including on Iraqi attempts since 1998 to acquire prohibited items, and by recommending sites tobe inspected, persons to be interviewed, conditions of such interviews, and data tobe collected, the results of which shall be reported to the Council by UNMOVIC andthe IAEA;

11. Directs the Executive Chairman of UNMOVIC and the Director-Generalof the IAEA to report immediately to the Council any interference by Iraq withinspection activities, as well as any failure by Iraq to comply with its disarmamentobligations, including its obligations regarding inspections under this resolution;

12. Decides to convene immediately upon receipt of a report in accordance with paragraphs 4 or 11 above, in order to consider the situation and the need forfull compliance with all of the relevant Council resolutions in order to secureinternational peace and security;

13. Recalls, in that context, that the Council has repeatedly warned Iraq thatit will face serious consequences as a result of its continued violations of its obligations;

14. Decides to remain seized of the matter.

Adopted by the Security Council at its 4644th meeting, on 8 November 2002.