United Nations Security Council Resolution 1472 – Situation between Iraq and Kuwait

Resolution 1472 (2003)

The Security Council,

Noting that under the provisions of Article 55 of the Fourth GenevaConvention (Geneva Convention Relative to the Protection of Civilian Persons inTime of War of August 12, 1949), to the fullest extent of the means available to it,the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate,

Convinced of the urgent need to continue to provide humanitarian relief to thepeople of Iraq throughout the country on an equitable basis, and of the need to extend such humanitarian relief measures to the people of Iraq who leave thecountry as a result of hostilities,

Recalling its previous relevant resolutions, and in particular resolutions 661(1990) of 6 August 1990, 986 (1995) of 14 April 1995, 1409 (2002) of 14 May2002, and 1454 (2002) of 30 December 2002, as they provide humanitarian relief tothe people of Iraq,

Noting the decision made by the Secretary-General on 17 March 2003 to withdraw all United Nations and international staff tasked with the implementation of the “Oil-for-Food” Programme (hereinafter “the Programme”) established under resolution 986 (1995),

Stressing the necessity to make every effort to sustain the operation of the present national food basket distribution network,

Stressing also the need for consideration of a further reassessment of the Programme during and after the emergency phase,

Reaffirming the respect for the right of the people of Iraq to determine their own political future and to control their own natural resources,

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

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

1. Requests all parties concerned to strictly abide by their obligations underinternational law, in particular the Geneva Conventions and the Hague Regulations,including those relating to the essential civilian needs of the people of Iraq, bothinside and outside Iraq;

2. Calls on the international community also to provide immediatehumanitarian assistance to the people of Iraq, both inside and outside Iraq inconsultation with relevant States, and in particular to respond immediately to anyfuture humanitarian appeal of the United Nations, and supports the activities of theInternational Committee of the Red Cross and of other international humanitarianorganizations;

3. Recognizes that additionally, in view of the exceptional circumstancesprevailing currently in Iraq, on an interim and exceptional basis, technical andtemporary adjustments should be made to the Programme so as to ensure theimplementation of the approved funded and non-funded contracts concluded by theGovernment of Iraq for the humanitarian relief of the people of Iraq, including tomeet the needs of refugees and internally displaced persons, in accordance with thisresolution;

4. Authorizes the Secretary-General and representatives designated by himto undertake as an urgent first step, and with the necessary coordination, thefollowing measures:

(a) to establish alternative locations, both inside and outside Iraq, inconsultation with the respective governments, for the delivery, inspection andauthenticated confirmation of humanitarian supplies and equipment provided underthe Programme, as well as to re-direct shipments of goods to those locations, asnecessary;

(b) to review, as a matter of urgency, the approved funded and non-fundedcontracts concluded by the Government of Iraq to determine the relative priorities ofthe need for adequate medicine, health supplies, foodstuffs and other materials andsupplies for essential civilian needs represented in these contracts which can beshipped within the period of this mandate, to proceed with these contracts inaccordance with such priorities;

(c) to contact suppliers of these contracts to determine the precise location ofcontracted goods and, when necessary, to require suppliers to delay, accelerate ordivert shipments;

(d) to negotiate and agree on necessary adjustments in the terms orconditions of these contracts and their respective letters of credit and to implementthe measures referred to in paragraph 4 (a), (b) and (c), notwithstanding distributionplans approved under the Programme;

(e) to negotiate and execute new contracts for essential medical items underthe Programme and to authorize issuance of the relevant letters of credit,notwithstanding approved distribution plans, provided that such items cannot bedelivered in execution of contracts pursuant to paragraph 4 (b) and subject to theapproval of the Committee established pursuant to resolution 661 (1990);

(f) to transfer unencumbered funds between the accounts created pursuant toparagraphs 8 (a) and 8 (b) of resolution 986 (1995) on an exceptional andreimbursable basis as necessary to ensure the delivery of essential humanitarian supplies to the people of Iraq and to use the funds in the escrow accounts referred toin paragraphs 8 (a) and (b) of resolution 986 (1995) to implement the Programme asprovided for in this resolution, irrespective of the phase in which such funds enteredthe escrow accounts or the phase to which those funds may have been allocated;

(g) to use, subject to procedures to be decided by the Committee establishedby resolution 661 (1990) prior to the end of the period set out in paragraph 10 belowand based on recommendations provided by the Office of the Iraq Programme, fundsdeposited in the accounts created pursuant to paragraphs 8 (a) and (b) of resolution986 (1995), as necessary and appropriate, to compensate suppliers and shippers foragreed additional shipping, transportation and storage costs incurred as a result ofdiverting and delaying shipments as directed by him according to the provisions ofparagraph 4 (a), (b) and (c) in order to perform his functions set out in paragraph 4(d);

(h) to meet additional operational and administrative costs resulting from theimplementation of the temporarily modified Programme by the funds in the escrowaccount established pursuant to paragraph 8 (d) of resolution 986 (1995) in the samemanner as costs arising from those activities set forth in paragraph 8 (d) ofresolution 986 (1995) in order to perform his functions set out in (d);

(i) to use funds deposited in the escrow accounts established pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995) for the purchase of locallyproduced goods and to meet the local cost for essential civilian needs which havebeen funded in accordance with the provisions of resolution 986 (1995) and relatedresolutions, including, where appropriate, the costs of milling, transportation andother costs necessary to facilitate the delivery of essential humanitarian supplies tothe people of Iraq;

5. Expresses its readiness as a second step to authorize the Secretary-General to perform additional functions with the necessary coordination as soon as the situation permits as activities of the Programme in Iraq resume;

6. Expresses further its readiness to consider making additional funds available, including from the account created pursuant to paragraph 8 (c) of resolution 986 (1995), on an exceptional and reimbursable basis, to meet further the humanitarian needs of the people of Iraq;

7. Decides that, notwithstanding the provisions of resolution 661 (1990) andresolution 687 (1991) and for the duration of the present resolution, all applicationsoutside the Oil-for-Food Programme submitted by the United Nations agencies,programmes and funds, other international organizations and non-governmentalorganizations (NGOs) for distribution or use in Iraq of emergency humanitariansupplies and equipment, other than medicines, health supplies and foodstuffs, shallbe reviewed by the Committee established pursuant to resolution 661 (1990), undera 24-hour no-objection procedure;

8. Urges all parties concerned, consistent with the Geneva Conventions andthe Hague Regulations, to allow full unimpeded access by international humanitarian organizations to all people of Iraq in need of assistance and to makeavailable all necessary facilities for their operations and to promote the safety,security and freedom of movement of United Nations and associated personnel andtheir assets, as well as personnel of humanitarian organizations in Iraq in meeting such needs;

9. Directs the Committee established pursuant to resolution 661 (1990) tomonitor closely the implementation of the provisions in paragraph 4 above and, inthat regard, requests the Secretary-General to update the Committee on the measuresas they are being taken and to consult with the Committee on prioritization ofcontracts for shipments of goods, other than foodstuffs, medicines, health and watersanitation related supplies;

10. Decides that the provisions contained in paragraph 4 of this resolution shall remain in force for a period of 45 days following the date of adoption of this resolution and may be subject to further renewal by the Council;

11. Requests the Secretary-General to take all measures required for theimplementation of the present resolution and to report to the Security Council prior to the termination of the period defined in paragraph 10;

12. Decides to remain seized of the matter.

Adopted by the Security Council at its 4732nd meeting, on28 March 2003.