FULL
TEXT
Recalling all its previous
relevant resolutions, in particular its resolutions 661 (1990) of
6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2
March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April
1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991,
986 (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999,
and all the relevant statements of its president,
Recalling also its resolution 1382
(2001) of 29 November 2001 and its intention to implement it
fully,
Recognizing the threat Iraq’s
noncompliance with council resolutions and proliferation of
weapons of mass destruction and long-range missiles poses to
international peace and security,
Recalling that its resolution 678
(1990) authorized member states to use all necessary means to
uphold and implement its resolution 660 (1990) of 2 August 1990
and all relevant resolutions subsequent to resolution 660 (1990)
and to restore international peace and security in the area,
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,
Deploring the fact that Iraq has
not 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 150 kilometers, and of all holdings of such
weapons, their components 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,
Deploring further that Iraq
repeatedly obstructed immediate, unconditional, and unrestricted
access to sites designated by the United Nations Special
Commission (UNSCOM) and the International Atomic Energy Agency
(IAEA), failed to cooperate fully and unconditionally with UNSCOM
and IAEA weapons inspectors, as required by resolution 687 (1991),
and ultimately ceased all cooperation with UNSCOM and the IAEA in
1998,
Deploring the absence, since
December 1998, in Iraq of international monitoring, inspection,
and verification, as required by relevant resolutions, of weapons
of mass destruction and ballistic missiles, in spite of the
council’s repeated demands that Iraq 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, and regretting the
consequent prolonging of the crisis in the region and the
suffering of the Iraqi people,
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,
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,
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,
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,
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 council resolutions,
Noting further the letter dated 8
October 2002 from the executive chairman of UNMOVIC and the
director general of the IAEA to General Al-Saadi of the government
of Iraq laying out the practical arrangements, as a follow-up to
their meeting in Vienna, that are prerequisites for the resumption
of inspections in Iraq by UNMOVIC and the IAEA, and expressing the
gravest concern at the continued failure by the government of Iraq
to provide confirmation of the arrangements as laid out in that
letter,
Reaffirming the commitment of all
member states to the sovereignty and territorial integrity of
Iraq, Kuwait, and the neighboring states,
Commending the secretary-general
and the 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);
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;
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
programs 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 programs, including any which it
claims are for purposes not related to weapon production or
material;
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 paragraph 11 or 12 below;
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;
6. Endorses the 8 October 2002
letter from the executive chairman of UNMOVIC and the director
general of the IAEA to General Al-Saadi of the government of Iraq,
which is annexed hereto, and decides that the contents of the
letter shall be binding upon Iraq;
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
determine the composition of their inspection teams and ensure
that these teams are composed of the most qualified and
experienced experts available;
—All UNMOVIC and IAEA
personnel shall enjoy the privileges and immunities provided in
the Convention on Privileges and Immunities of the United
Nations and the Agreement on the Privileges and Immunities of
the IAEA;
—UNMOVIC and the IAEA 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 immediate, unimpeded, unconditional, and
unrestricted access to presidential sites equal to that at other
sites, notwithstanding the provisions of resolution 1154 (1998);
—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 programs and the
associated research, development, and production facilities;
—Security of UNMOVIC and IAEA
facilities shall be ensured by sufficient U.N. security guards:
—UNMOVIC and the IAEA shall
have the right to declare for the purposes of freezing a site to
be inspected, exclusion zones, including surrounding areas and
transit corridors, in which Iraq will suspend ground and aerial
movement so that nothing is changed in or taken out of a site
being inspected;
—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:
—UNMOVIC and the IAEA 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; and
—UNMOVIC and the IAEA 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, without search
of UNMOVIC or IAEA personnel or official or personal baggage;
8. Decides further that Iraq shall
not take or threaten hostile acts directed against any
representative or personnel of the United Nations or of any member
state taking action to uphold any council resolution;
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;
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 programs 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;
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;
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 restore international peace and security;
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;
14. Decides to remain seized of
the matter. |