"Wow!! Nothing like backing up a statement with facts! More people should try that. But then, facts are so damned inconvenient, aren't they?   

Don Firth"

The above was posted in response to MGOH's post on UNSC Resolution 1441. OK so let's take a look at it:

The preamble lists the previous resolutions passed by the UNSC with regard to Iraq subsequent to their invasion of Kuwait up to the date of the signing of resolution 1441. Iraq's total compliance with the resolutions passed formed the basis of the "CEASE FIRE" agreement that brought "Desert Storm" hostilities to an end. The preamble also clearly states that Iraq has not complied.

Therefore the fact, Don, is that Iraq has broken the terms of that cease fire agreement.

So much for the preamble, now let's look at the detail of UNSC Resolution 1441.

          "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 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);"

Basically outlines the status: "Iraq has been and remains in material breach of its obligations under relevant resolutions,"

         " 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;"

"..to afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the council;" are the operative words, i.e. it is Iraq's responsibility to disarm and to do so fully in such a way that it can be verified by the UN's enhanced inspection regime - Note this does not mean that the enhanced inspection regime has to go into Iraq to play hide-and-seek.

          "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, not later than 30 days from the date of this resolution, a currently accurate, full, and complete declaration of all aspects of its programmes to develop chemical, biological, and nuclear weapons, ballistic missiles, and other delivery systems such as 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 and work of its research, development and production facilities, as well as all other chemical, biological, and nuclear programmes, including any which it claims are for purposes not related to weapon production or material;"

UNSC Resolution 1441: NON-COMPLIANCE No. 1
Their declaration delivered to the UNSC on 7th December, 2002 was not "a currently accurate, full, and complete declaration" according to Dr. Hans Blix of UNMOVIC. Again this point emphasises that the inspectors are not there to engage in the detective work required to unearth WMD.

          "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;"

Consequences clearly defined and stated - Non-compliance No. 1 above is a Material Breach by UNSC's own definition. MATERIAL BREACH No. 1
NON-COMPLIANCE No. 2 - Iraq is required to cooperate fully - Failure of Iraq to cooperate fully was reported to the UNSC by Dr. Hans Blix on 5th February, 2003. Under the definition given above this constitutes MATERIAL BREACH No. 2.

          "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 wish to interview in the mode or location of UNMOVIC's or the IAEA's choice pursuant to any aspect of their mandates; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside of Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without the presence of observers from the Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume inspections no later than 45 days following adoption of this resolution and to update the Council 60 days thereafter;"

This paragraph clearly sets a time frame to establish the commencement of inspections and to update the UNSC of status and degree of Iraqi cooperation, the date of that report was 5th February, 2003.

NON-COMPLIANCE No. 3 - On 5th February, 2003 both Hans Blix and Mohamed AlBaradei both reported only partial cooperation on the part of the Iraqi authorities, and, non-cooperation with regard to the interviews as detailed in UNSC Resolution 1441 - MATERIAL BREACH No. 3.


          "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 in Iraq:

      "– 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;"

NON-COMPLIANCE No. 3 - MATERIAL BREACH No. 3.

      "– 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;"

At the time of making his report to the UNSC (5.02.03) Dr. Hans Blix reported that Iraq was in non-compliance with this requirement.
NON-COMPLIANCE No. 4 - MATERIAL BREACH No. 4

          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 with UNMOVIC and the IAEA;

Again this gives a time frame - Iraq did confirm within the seven days stipulated - again Iraq failed to honour the undertakings it agreed to in that:

- It has fully complied as directed to do from the outset of this inspection programme.

- It has not cooperated fully, unconditionally and actively as directed to do from the outset.

Readers Note: That is not opinion, those are facts as reported to the UNSC by the heads of the inspection teams.

          "10.    Requests all Member States to give full support to UNMOVIC and the IAEA 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 to be inspected, persons to be interviewed, conditions of such interviews, and data to be collected, the results of which shall be reported to the Council by UNMOVIC and the IAEA;"

This is a mechanism by which verification can be cross-checked. It does not, and should not, be used to encourage a sophisticated game of "hide-and-seek". Everything above clearly defines that it is Iraq that must disarm in a manner that can be verified without doubt in the opinion of the UNSC.

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

Dr. Hans Blix has done so.

          "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 for full compliance with all of the relevant Council resolutions in order to secure international peace and security;"

UNSC has done so and decided to give Iraq a final, final chance.

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

The repeated warnings by Council have been largely ignored by Iraq as, experience has shown, there is every possibility (if the UN runs true to form), there will be many, many more final, final warnings issued so that the threat of facing serious consequences will vanish entirely.

          "14.    Decides to remain seized of the matter."

Yes, Right. This is UN jargon for "We will do nothing in the hope that the situation gets forgotten and we can resume or well funded and ordered lives back in sleepy hollow". Unfortunately for the UN the member state responsible for bringing this outstanding matter to their attention, is one of, if not, the most powerful state in the world, and that state perceives a clear and growing threat should this matter remain unresolved - They will not be able to put this to bed quietly.