[105th Congress Public Law 235]
[From the U.S. Government Printing Office]
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[DOCID: f:publ235.105]
[[Page 1537]]
IRAQI BREACH OF INTERNATIONAL OBLIGATIONS
[[Page 112 STAT. 1538]]
Public Law 105-235
105th Congress
Joint Resolution
Finding the Government of Iraq in unacceptable and material breach of
its international obligations. <<NOTE: Aug. 14, 1998 - [S.J. Res.
54]>>
Whereas hostilities in Operation Desert Storm ended on February 28,
1991, and the conditions governing the cease-fire were specified in
United Nations Security Council Resolutions 686 (March 2, 1991) and
687 (April 3, 1991);
Whereas United Nations Security Council Resolution 687 requires that
international economic sanctions remain in place until Iraq
discloses and destroys its weapons of mass destruction programs and
capabilities and undertakes unconditionally never to resume such
activities;
Whereas Resolution 687 established the United Nations Special Commission
on Iraq (UNSCOM) to uncover all aspects of Iraq's weapons of mass
destruction programs and tasked the Director-General of the
International Atomic Energy Agency to locate and remove or destroy
all nuclear weapons systems, subsystems or material from Iraq;
Whereas United Nations Security Council Resolution 715, adopted on
October 11, 1991, empowered UNSCOM to maintain a long-term
monitoring program to ensure Iraq's weapons of mass destruction
programs are dismantled and not restarted;
Whereas Iraq has consistently fought to hide the full extent of its
weapons programs, and has systematically made false declarations to
the Security Council and to UNSCOM regarding those programs, and has
systematically obstructed weapons inspections for seven years;
Whereas in June 1991, Iraqi forces fired on International Atomic Energy
Agency inspectors and otherwise obstructed and misled UNSCOM
inspectors, resulting in United Nations Security Council Resolution
707 which found Iraq to be in ``material breach'' of its obligations
under United Nations Security Council Resolution 687 for failing to
allow UNSCOM inspectors access to a site storing nuclear equipment;
Whereas in January and February of 1992, Iraq rejected plans to install
long-term monitoring equipment and cameras called for in United
Nations resolutions, resulting in a Security Council Presidential
Statement of February 19, 1992 which declared that Iraq was in
``continuing material breach'' of its obligations;
Whereas in February of 1992, Iraq continued to obstruct the installation
of monitoring equipment, and failed to comply with UNSCOM orders to
allow destruction of missiles and other proscribed weapons,
resulting in the Security Council Presidential Statement of February
28, 1992, which reiterated that Iraq was in ``continuing material
breach'' and noted a ``further material
[[Page 112 STAT. 1539]]
breach'' on account of Iraq's failure to allow destruction of
ballistic missile equipment;
Whereas on July 5, 1992, Iraq denied UNSCOM inspectors access to the
Iraqi Ministry of Agriculture, resulting in a Security Council
Presidential Statement of July 6, 1992, which declared that Iraq was
in ``material and unacceptable breach'' of its obligations under
United Nations resolutions;
Whereas in December of 1992 and January of 1993, Iraq violated the
southern no-fly zone, moved surface-to-air missiles into the no-fly
zone, raided a weapons depot in internationally recognized Kuwaiti
territory and denied landing rights to a plane carrying United
Nations weapons inspectors, resulting in a Security Council
Presidential Statement of January 8, 1993, which declared that Iraq
was in an ``unacceptable and material breach'' of its obligations
under United Nations resolutions;
Whereas in response to continued Iraqi defiance, a Security Council
Presidential Statement of January 11, 1993, reaffirmed the previous
finding of material breach, followed on January 13 and 18 by allied
air raids, and on January 17 with an allied missile attack on Iraqi
targets;
Whereas on June 10, 1993, Iraq prevented UNSCOM's installation of
cameras and monitoring equipment, resulting in a Security Council
Presidential Statement of June 18, 1993, declaring Iraq's refusal to
comply to be a ``material and unacceptable breach'';
Whereas on October 6, 1994, Iraq threatened to end cooperation with
weapons inspectors if sanctions were not ended, and one day later,
massed 10,000 troops within 30 miles of the Kuwaiti border,
resulting in United Nations Security Council Resolution 949
demanding Iraq's withdrawal from the Kuwaiti border area and renewal
of compliance with UNSCOM;
Whereas on April 10, 1995, UNSCOM reported to the Security Council that
Iraq had concealed its biological weapons program, and had failed to
account for 17 tons of biological weapons material resulting in the
Security Council's renewal of sanctions against Iraq;
Whereas on July 1, 1995, Iraq admitted to a full scale biological
weapons program, but denied weaponization of biological agents, and
subsequently threatened to end cooperation with UNSCOM resulting in
the Security Council's renewal of sanctions against Iraq;
Whereas on March 8, 11, 14, and 15, 1996, Iraq again barred UNSCOM
inspectors from sites containing documents and weapons, in response
to which the Security Council issued a Presidential Statement
condemning ``clear violations by Iraq of previous Resolutions 687,
707, and 715'';
Whereas from June 11-15, 1996, Iraq repeatedly barred weapons inspectors
from military sites, in response to which the Security Council
adopted United Nations Security Council Resolution 1060, noting the
``clear violation on United Nations Security Council Resolutions
687, 707, and 715'' and in response to Iraq's continued violations,
issued a Presidential Statement detailing Iraq's ``gross violation
of obligations'';
Whereas in August 1996, Iraqi troops overran Irbil, in Iraqi Kurdistan,
employing more than 30,000 troops and Republican Guards, in response
to which the Security Council briefly suspended implementation on
United Nations Security Council Resolution 986, the United Nations
oil for food plan;
[[Page 112 STAT. 1540]]
Whereas in December 1996, Iraq prevented UNSCOM from removing 130 Scud
missile engines from Iraq for analysis, resulting in a Security
Council Presidential Statement which ``deplore[d]'' Iraq's refusal
to cooperate with UNSCOM;
Whereas on April 9, 1997, Iraq violated the no-fly zone in southern Iraq
and United Nations Security Council Resolution 670, banning
international flights, resulting in a Security Council statement
regretting Iraq's lack of ``specific consultation'' with the
Council;
Whereas on June 4 and 5, 1997 Iraqi officials on board UNSCOM aircraft
interfered with the controls and inspections, endangering inspectors
and obstructing the UNSCOM mission, resulting in a United Nations
Security Council Presidential Statement demanding Iraq end its
interference and on June 21, 1997, United Nations Security Council
Resolution 1115 threatened sanctions on Iraqi officials responsible
for these interferences;
Whereas on September 13, 1997, during an inspection mission, an Iraqi
official attacked UNSCOM officials engaged in photographing illegal
Iraqi activities, resulting in the October 23, 1997, adoption of
United Nations Security Council Resolution 1134 which threatened a
travel ban on Iraqi officials responsible for noncompliance with
United Nations resolutions;
Whereas on October 29, 1997, Iraq announced that it would no longer
allow American inspectors working with UNSCOM to conduct inspections
in Iraq, blocking UNSCOM teams containing Americans to conduct
inspections and threatening to shoot down United States U-2
surveillance flights in support of UNSCOM, resulting in a United
Nations Security Council Resolution 1137 on November 12, 1997, which
imposed the travel ban on Iraqi officials and threatened unspecified
``further measures'';
Whereas on November 13, 1997, Iraq expelled United States inspectors
from Iraq, leading to UNSCOM's decision to pull out its remaining
inspectors and resulting in a United Nations Security Council
Presidential Statement demanding Iraq revoke the expulsion;
Whereas on January 16, 1998, an UNSCOM team led by American Scott Ritter
was withdrawn from Iraq after being barred for three days by Iraq
from conducting inspections, resulting in the adoption of a United
Nations Security Council Presidential Statement deploring Iraq's
decision to bar the team as a clear violation of all applicable
resolutions;
Whereas <<NOTE: Saddam Hussein. Kofi Annan.>> despite clear agreement on
the part of Iraqi President Saddam Hussein with United Nations
General Kofi Annan to grant access to all sites, and fully cooperate
with UNSCOM, and the adoption on March 2, 1998, of United Nations
Security Council Resolution 1154, warning that any violation of the
agreement with Annan would have the ``severest consequences'' for
Iraq, Iraq has continued to actively conceal weapons and weapons
programs, provide misinformation and otherwise deny UNSCOM
inspectors access;
Whereas <<NOTE: Richard Butler.>> on June 24, 1998, UNSCOM Director
Richard Butler presented information to the United Nations Security
Council indicating clearly that Iraq, in direct contradiction to
information provided to UNSCOM, weaponized the nerve agent VX; and
Whereas Iraq's continuing weapons of mass destruction programs threaten
vital United States interests and international peace and security:
Now, therefore, be it
[[Page 112 STAT. 1541]]
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Government of Iraq is
in material and unacceptable breach of its international obligations,
and therefore the President is urged to take appropriate action, in
accordance with the Constitution and relevant laws of the United States,
to bring Iraq into compliance with its international obligations.
Approved August 14, 1998.
LEGISLATIVE HISTORY--S.J. Res. 54:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
July 31, considered and passed Senate.
Aug. 3, considered and passed House.
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