[casi] Security Council Resolution 1472 (2003)

[Glen Rangwala <gr10009@DELETETHIScam.ac.uk>]

http://www.un.org/News/Press/docs/2003/sc7713.doc.htm

Security Council Resolution 1472 (2003)

The Security Council,

Noting that under the provisions of article 55 of the Fourth Geneva
Convention (Geneva Convention Relative to the Protection of Civilian
Persons in Time 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
the people 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 the country 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
May 2002, and 1454 (2002) of 30 December 2002, as they provide humanitarian
relief to the 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
under international law, in particular the Geneva Conventions and the Hague
Regulations, including those relating to the essential civilian needs of
the people of Iraq, both inside and outside Iraq;

2.Calls on the international community also to provide immediate
humanitarian assistance to the people of Iraq, both inside and outside Iraq
in consultation with relevant States, and in particular to respond
immediately to any future humanitarian appeal of the United Nations, and
supports the activities of the International Committee of the Red Cross and
of other international humanitarian organizations;

3.Recognizes that additionally, in view of the exceptional circumstances
prevailing currently in Iraq, on an interim and exceptional basis,
technical and temporary adjustments should be made to the Programme so as
to ensure the implementation of the approved funded and non-funded
contracts concluded by the Government of Iraq for the humanitarian relief
of the people of Iraq, including to meet the needs of refugees and
internally displaced persons, in accordance with this resolution;

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

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

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

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

(d)to negotiate and agree on necessary adjustments in the terms or
conditions of these contracts and their respective letters of credit and to
implement the measures referred to in OP 4 (a), (b) and (c),
notwithstanding distribution plans approved under the Programme;

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

(f)to transfer unencumbered funds between the accounts created pursuant to
paragraphs 8 (a) and 8 (b) of resolution 986 (1995) on an exceptional and
reimbursable 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 to in paragraphs 8 (a) and (b) of resolution 986
(1995) to implement the Programme as provided for in this resolution,
irrespective of the phase in which such funds entered the 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 established
by resolution 661 (1990) prior to the end of the period set out in OP 10
below and based on recommendations provided by the Office of the Iraq
Programme, funds deposited in the accounts created pursuant to paragraphs 8
(a) and (b) of resolution 986 (1995), as necessary and appropriate, to
compensate suppliers and shippers for agreed additional shipping,
transportation and storage costs incurred as a result of diverting and
delaying shipments as directed by him according to the provisions of OP 4
(a), (b) and (c) in order to perform his functions set out in OP 4 (d);

(h)to meet additional operational and administrative costs resulting from
the implementation of the temporarily modified Programme by the funds in
the escrow account established pursuant to paragraph 8 (d) of resolution
986 (1995) in the same manner as costs arising from those activities set
forth in paragraph 8 (d) of resolution 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
locally produced goods and to meet the local cost for essential civilian
needs which have been funded in accordance with the provisions of
resolution 986 (1995) and related resolutions, including, where
appropriate, the costs of milling, transportation and other costs necessary
to facilitate the delivery of essential humanitarian supplies to the 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) and
resolution 687 (1991) and for the duration of the present resolution, all
applications outside the Oil-for-Food Programme submitted by the United
Nations agencies, programmes and funds, other international organizations
and non-governmental organizations (NGOs) for distribution or use in Iraq
of emergency humanitarian supplies and equipment, other than medicines,
health supplies and foodstuffs, shall be reviewed by the Committee
established pursuant to resolution 661 (1990), under a 24-hour no-objection
procedure;

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

9.Directs the Committee established pursuant to resolution 661 (1990) to
monitor closely the implementation of the provisions in paragraph 4 above
and, in that regard, requests the Secretary-General to update the Committee
on the

measures as they are being taken and to consult with the Committee on
prioritization of contracts for shipments of goods, other than foodstuffs,
medicines, health and water sanitation 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 the
implementation 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.




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