US/UK draft security council resolution of 2 October 2002

Below is the text of an initial draft for what later became Security Council Resolution 1441. This draft was circulated to the Security Council by the US/UK, but never formally tabled.

Details of subsequent drafts and the final resolution can be found on the CASI site.

The Security Council,

PP1 : Recalling all its previous relevant resolutions, in particular its resolutions 661 (1990) of August 1990, 686 (1991) of 2 March 1991, 678 (1990) of 29 November 1990, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 986 (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant statements of its President, and noting the additional resolution [ ] issued by the Council as a companion hereto,

PP2 : Recognizing the threat Iraq's noncompliance with Security Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security,

PP3 : Recalling that its resolution 678 (1991) authorized member states to use all necessary means to uphold and implement its resolution 660 (1990) and all relevant resolutions subsequent to Resolution 660 and to restore international peace and security in the area,

PP4 : Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary step for achievement of its stated objective of restoring international peace and security in the area,

PP5 : Deploring the fact that Iraq has never provided an accurate, full, final, and complete disclosure, as required by resolution 687 (1991), of all aspects of its programs to develop weapons of mass destruction and ballistic missiles with a range greater than one hundred and fifty kilometers, and of all holdings of such weapons, their component and production facilities and locations, as well as all other nuclear programs, including any which it claims are for purposes not related to nuclear-weapons-usable material,

PP6 : Deploring further that Iraq repeatedly refused to allow access to sites designated by the United Nations Special Commission (UNSCOM), refused to cooperate fully and unconditionally with UNSCOM and International Atomic Energy Agency (IAEA) weapons inspectors, as required by resolution 687 (1991), ultimately ceased all cooperation with UNSCOM and IAEA in 1998, and for the last three years has failed to 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, as it was first obliged to do pursuant to resolution 687 (1991), and as the Council has repeatedly demanded that it do, and regretting the consequent prolonging of the crisis in the region and the suffering of the Iraqi people,

PP7 : 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,

PP8 : Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,

PP9 : 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,

PP10 : Recalling that the effective operation of UNMOVIC, as the successor organization to the Special Commission, and the IAEA, is essential for the implementation of resolution 687 (1991) and other relevant resolutions,

PP11 : Noting 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 Security Council resolutions,

PP12 : Determined to secure full compliance with its decisions,

PP13 : Acting under chapter VII of the Charter of the United Nations,

1. Decides that Iraq is still, and has been for a number of years, in material breach of its obligations under relevant resolutions, including resolution 687 (1991), in particular through 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 that, in order to begin to comply with its disarmament obligations, the government of Iraq shall provide to the Security Council prior to the beginning of inspections and not later than 30 days from the date of this resolution an acceptable and currently accurate, full and complete declaration of all aspects of its programs to develop chemical, biological and nuclear weapons, ballistic missiles, and unmanned aerial vehicles, including all holdings and precise locations of such weapons, components, sub-components, stocks of agents, and related material and equipment, the locations and work of its research, development and production facilities, as well as all other chemical, biological and nuclear programs, including any which it claims are for purposes not related to weapon production or material ;

3. Decides that Iraq shall provide UNMOVIC and IAEA immediate, unconditional, and unrestricted access to any and all 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 IAEA wish to interview pursuant to any aspect of their mandates ; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that such interviews shall occur without the presence of observers from the Iraqi government, and instructs UNMOVIC and requests the IAEA to resume inspections by [...] ;

4. To that end, demands that Iraq immediately comply with its obligations, decides that Iraq shall submit to UNMOVIC all outstanding biannual declarations, and decides that any permanent member of the Security Council may recommand to UNMOVIC and IAEA sites to be inspected, persons to be interviewed, the conditions of such interviews, and data to be collected and receive a report on the results ;

5. Decides that, in view of the prolonged interruption by Iraq of the presence of UNMOVIC and IAEA and in order for them to accomplish the tasks set forth in paragraph 3 above, the Security Council hereby establishes the following revised procedures, notwithstanding prior understandings, to facilitate their work in Iraq : UNMOVIC and IAEA shall determine the personnel on their inspections teams, except that any Permanent member of the Security Council may request to be represented on any inspection team with the same rights and protections accorded other members of the team ; 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 unrestricted access to Presidential Sites notwithstanding the provisions of resolution 1154 (1998) ; shall be provided regional bases and operating bases throughout Iraq, including offices for inspection teams in regions outside of Baghdad ; shall have the right to the names of all personnel associated with Iraq's chemical, biological, nuclear and ballistic missile programs and the associated research, development and production facilities ; teams shall be accompanied at their bases by sufficient U.N. security forces to protect them ; shall have the right to declare for the purposes of this resolution no-fly/no-drive zones, exclusion zones, and/or ground and air transit corridors, [which shall be enforced by UN security forces or by member states ;] shall have the free and unrestricted use and landing of fixed and rotary winged aircraft, including unmanned reconnaissance vehicles ; 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 ; shall have the right to unrestricted voice and data communications, including encrypted communications ; 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, and shall have access to any information that any member state is willing to provide. Further decides that these procedures shall be binding on Iraq ;

6. Decides further that Iraq shall immediately cease, and shall not take or threaten, hostile acts directed against any representative or personnel of the United Nations or of any member state taking action pursuant to any Security Council Resolution ;

7. Requests the Secretary General immediately to notify Iraq of the foregoing steps in paragraph 5 and decides that whithin seven days following such notification, Iraq shall state its acceptance of these steps and the provisions of paragraph 2, 3, 4, and 6 above ;

8. Requests all Member States to give full support to UNMOVIC and the IAEA in the discharge of their mandates, including by providing any information on Iraqi attempts, including since 1998, to acquire prohibited items ;

9. Directs the Executive Director of UNMOVIC and the Director General of the IAEA to report immediately to the Council any interference with or problems with respect to the execution of their mission ;

10. Decides that false statements or omissions in the declaration submitted by Iraq to the Council and failure by Iraq at any time to comply and cooperate fully in accordance with the provisions laid in this resolution, shall constitute a further material breach of Iraq's obligations, and that such breach authorizes member states to use all necessary means to restore international peace and security in the area ;

11. Decides to remain seized of the matter.