Iraq-Kuwait: U.N. Security Council Resolutions Texts and Votes -- 1991
Congressional research reportOct 25, 1991
Ask Donna
What actually matters in this document.
Text
91-395 F
Iraq-Kuwait:
U.N. Security Council Resolutions
Texts and Votes--1991
Compiled by
Marjorie Ann Browne
Specialist in International Relations
Foreign Affairs and National Defense Division
April 30, 1991 in
(Updated October 25, 1991) fasvass
(de
=
a
a
pa
pa
LIK F/- 6/7 CRS
Congressional Research Service « The Library of Congress
e
TRAQ-KUWAIT:
U.N. SECURITY COUNCIL RESOLUTIONS
TEXTS AND VOTES.--1991
SUMMARY
The United Nations Security Council has adopted twelve resolutions on the
Iraq-Kuwait crisis since the war ended in 1991. These resolutions provide for
a cessation of hostilities (S/RES/686 (1991)); a comprehensive cease-fire
(S/RES/687 (1991)); the plight of the Iraqi civilian population (S/RES/688
(1991)); establishment of the U.N. Iraq-Kuwait Observation Mission (UNIKOM -
S/RES/689 (1991)); establishment of the U.N. Compensation Fund and
Compensation Commission (S/RES/692 (1991)); plans for the destruction or
removal of weapons of mass destruction and Iraqi liability for that destruction
(S/RES/699 (1991)); guidelines for implementing arms and related sanctions
against Iraq (S/RES/700 (1991)); 30 percent ceiling on Iraqi payments into a
compensation fund (S/RES/705 (1991)); authorization of Iraqi oil sale
(S/RES/706 (1991)); Iraqi non-compliance on weapons of mass destruction
(S/RES/707 (1991)); approval of $1.6 billion limit on oil sales (S/RES/712
(1991)); and approval of plans for monitoring Iraqi compliance on weapons of
mass destruction (S/RES/715 (1991)). The texts of these resolutions, along with
the votes by members of the Council, are included in this report, which is
updated as new resolutions are adopted. The texts of the 12 resolutions adopted
in 1990 may be found in CRS Report 90-513F, December 4, 1990.
TABLE OF CONTENTS
INTRODUCTION ....... 0... s ce eeeee rrr rrr 1
LIST OF RESOLUTIONS AND VOTES ...... 0 ccc cece cere ene eeees 3
TEXTS OF RESOLUTIONS ......... bev eeeeveee eect eens veee 5
S/RES/686 (1991)
[Cessation of Hostilities] .. 1... cece eee eee e teen eeeeees 7
S/RES/687 (1991)
[Cease-fire] . occ cece cece eee ee ee eee ete tee e ete teen enees 11
S/RES/688 (1991)
[Iraqi Civilian Population] ..... cc cece cece e rece nen eee nennns 21
S/RES/689 (1991)
(U.N. Iraq-Kuwait Observer Mission] ..... cece cece eee ee eens 23
S/RES/692 (1991)
(U.N. Compensation Fund; U.N. Compensation Commission] ...... 35
S/RES/699 (1991)
[Plans for and Iraq Liability for Weapons Destruction] ........... 47
S/RES/700 (1991)
[Guidelines for Arms and Related Sanctions] .......eeeeeeeeees 61
S/RES/705 (1991)
[30 percent Ceiling on Iraq Payments into Compensation Fund] ... 71
S/RES/706 (1991)
[Sale of Iraqi Oil Authorized] 1.1... cece ee eee eee eee eens 73
S/RES/707 (1991)
[Iraqi Non-Compliance on Weapons of Mass Destruction] ......... 77
S/RES/712 (1991) ;
[Approval of $1.6 Billion Limit on Oil Sales] ........0 6. eee esas 81
S/RES/715 (1991)
[Approval of Plans for Ongoing Monitoring of Iraq Compliance].... 89
IRAQ-KUWAIT:
U.N. SECURITY COUNCIL RESOLUTIONS
TEXTS AND VOTES--1991
INTRODUCTION
The Iraqi invasion of Kuwait on August 1-2, 1990, set into motion a series
of actions by the United Nations Security Council. Between August 2 and the
end of 1990, the Council adopted 12 resolutions on Iraq. The texts of those
resolutions may be found in CRS Report 90-513F, December 4, 1990.
In 1991, the Security Council has adopted twelve resolutions. They concern
the following issues:
cessation of hostilities (S/RES/686 (1991));
comprehensive cease-fire (S/RES/687 (1991));
the plight of the Iraqi civilian population (S/RES/688 (1991));
establishment of the U.N. Iraq-Kuwait Observation Mission (UNIKOM
- S/RES/689 (1991));
e establishment of the U.N. Compensation Fund and Compensation
Commission (S/RES/692 (1991));
@ UN/IAEA plans for and Iraqi liability for the destruction or removal
of weapons of mass destruction (S/RES/699 (1991));
@ approval of guidelines for implementing arms and related sanctions
against Iraq (S/RES/700 (1991));
e decision that funds paid by Iraq into a compensation fund will not
exceed 30 percent of the annual value of its petroleum exports
(S/RES/705 (1991));
@ approval of import of Iraqi petroleum and petroleum products under
specific conditions and for authorized purposes (S/RES/706 (1991));
® Iraqi non-compliance with S/RES/687 (1991) provisions on weapons of
mass destruction (S/RES/707 (1991));
@ approval of the sale of $1.6 billion in Iraqi oil and the U.N. Secretary-
General’s plans for the purchase and distribution of humanitarian
goods (S/RES/712 (1991)); and
® approval of plans for ongoing monitoring and verification of Iraq’s
compliance on weapons of mass destruction (S/RES/715 (1991)).
A copy of the U.N. Secretary-General’s plan for UNIKOM is included after
S/RES/689 (1991). A copy of the Secretary-General’s plan for the Compensation
Fund and Commission is included after S/RES/692 (1991). A copy of the U.N.
and IAFKA plans for destruction or removal of weapons of mass destruction, as
approved by S/RES/699 (1991), is included after the text of that resolution. A
copy of the guidelines drafted by the Secretary-General follows the text of
S/RES/700 (1991). Excerpts from the report of the U.N. Secretary-General on
CRS-2
oil sales and humanitarian needs follow the text of S/RES/712 (1991). Excerpts
from the U.N. (annexes II-IV omitted) and IAEA (annexes omitted) plans for
continued monitoring and verification are included following the text of
S/RES/715 (1991).
The numbers and votes of those resolutions are listed below and the full
text of each resolution is included in this report. Each vote is listed as follows:
the number in favor, the number opposed, and the number that abstained.
The Security Council is composed of 15 members. Five nations are
permanent members of the Council: China, France, U.S.S.R., United Kingdom,
and United States. The 10 nonpermanent members of the Council in 1991 are
Austria, Belgium, Céte d’Ivoire, Cuba, Ecuador, India, Romania, Yemen, Zaire,
and Zimbabwe.
CRS-3
LIST OF RESOLUTIONS AND VOTES
S/RES/686 (1991), 2 March 1991
Vote: 11-1 (Cuba) -3 (China, India, Yemen)
S/RES/687 (1991), 3 April 1991
Vote: 12-1 (Cuba) -2 (Ecuador, Yemen)
S/RES/688 (1991), 5 April 1991
Vote: 10-3 (Cuba, Yemen, Zimbabwe) -2 (China, India)
S/RES/689 (1991), 9 April 1991
Vote: 15-0-0
S/RES/692 (1991), 20 May 1991
Vote: 14-0-1 (Cuba)
S/RES/699 (1991), 17 June 1991
Vote: 15-0-0
S/RES/700 (1991), 17 June 1991
Vote: 15-0-0
S/RES/705 (1991), 15 August 1991
Vote: 15-0-0
S/RES/706 (1991), 15 August 1991
Vote: 13-1 (Cuba) -1 (Yemen)
S/RES/707 (1991), 15 August 1991
Vote: 15-0-0
S/RES/712 (1991), 19 September 1991
Vote: 13-1 (Cuba) -1 (Yemen)
S/RES/715 (1991), 11 October 1991
Vote: 15-0-0
ws
TEXTS OF THE RESOLUTIONS
or
CRS-7
UNITED | . S
NATIONS
U/ \, Security Council ; Distr.
Y Y GENERAL
SSE
S/RES/686 (1991)
2 March 1991
RESOLUTION 686 (1991)
A ab he Securi ouncil at its 2978th meetin n_2 March 1991
The Security: Council,
Recalling and reaffirming its resolutions 660 (1990), 661 (1990), 662 (1990),
664 (1990), 665 (1990), 666 (1990), 667 (1990), 669 (1990), 670 (1990), 674 (1990),
677 (1990), and 678 (1990),
Recalling the obligations of Member States under Article 25 of the Charter,
Recalling paragraph 9 of resolution 661 (1990) regarding assistance to the
Government of Kuwait and paragraph 3 (c) of that resolution regarding supplies
strictly for medical purposes and, in humanitarian circumstances, foodstuffs,
Taking note of the letters of the Foreign Minister of Iraq confirming Iraq's
agreement to comply fully with all of the resolutions noted above (S/22275), and
stating its intention to release prisoners of war immediately ($/22273),
Taking note of the suspension of offensive combat operations by the forces of
Kuwait and the Member States cooperating with Kuwait pursuant to resolution
678 (1990),
Bearing in mind the need to be assured of Iraq's peaceful intentions, and the
objective in resolution 678 (1990) of restoring international peace and security in
the region,
Underlining the importance of Iraq taking the necessary measures which would
permit a definitive end to the hostilities,
Affirming the commitment of all Member States to the independence, sovereignty
and territorial integrity of Iraq and Kuwait, and noting the intention expressed by
the Member States cooperating under paragraph 2 of Security Council resolution
678 (1990) to bring their military presence in Irag to an end as soon as possible
consistent with achieving the objectives of the resolution,
91-07134 2205e (E) Fees
S/RES/686 (1991) CRS-8
Page 2
Acting under Chapter VII of the Charter,
1. affirms that all twelve resolutions noted above continue to have full
force and effect; .
2 Demands that Iraq implement its acceptance of all twelve resolutions
noted above and in particular that Iraq:
(a) Rescind immediately its actions purporting to annex Kuwait;
(b) Accept in principle its liability under international law for any loss,
damage, or injury arising in regard to Kuwait and third States, and their nationals
and corporations, as a result of the invasion and illegal occupation of Kuwait by
Iraq;
(c) Immediately release under the auspices of the International Committee of
the Red Cross, Red Cross Societies, or Red Crescent Societies, all Kuwaiti and
third country nationals detained by Iraq and return the remains of any deceased
Kuwaiti and third country nationals so detained; and
(a) Immediately begin to return all Kuwaiti property seized by Iraq, to be
completed in the shortest possible period;
3. Further demands that Iraq:
(a) Cease hostile or provocative actions by its forces against all Member
States, including missile attacks and flights of combat aircraft;
(b) Designate military commanders to meet with counterparts from the forces
of Kuwait and the Member States cooperating with Kuwait pursuant to resolution
678 (1990) to arrange for the military aspects of a cessation of hostilities at the
earliest possible time; ’
(c) Arrange for immediate access to and release of all prisoners of war under
the auspices of the International Committee of the Red Cross and return the remains
of any deceased personnel of the forces of Kuwait and the Member States cooperating
with Kuwait pursuant to resolution 678 (1990); and
(a) Provide all information and assistance in identifying Iraqi mines, booby
traps and other explosives as well as any chemical and biological weapons and
material in Kuwait, in areas of Iraq where forces of Member States cooperating with
Kuwait pursuant to resolution 678 (1990) are present temporarily, and in the
adjacent waters; :
4. Recognizes that during the period required for Iraq to comply with
paragraphs 2 and 3 above, the provisions of paragraph 2 of resolution 678 (1990)
remain valid;
5. Welcomes the decision of Kuwait and the Member States cooperating with
Kuwait pursuant to resolution 678 (1990) to provide access and to commence
immediately the release of Iraqi prisoners of war as required by the terms of the
Luae
ra
CRS~9
. S/RES/686 (1991)
Page 3
Third Geneva Convention of 1949, under the auspices of the International Committee
of the Red Cross;
6. Requests all Member States, as well as the United Nations, the
specialized agencies and other international organizations in the United Nations
system, to take all appropriate action to cooperate with the Government and people
of Kuwait in the reconstruction of their country;
7. Decides that Iraq shall notify the Secretary-General and the Security
Council when it has taken the actions set out above;
8. Decides that in order to secure the rapid establishment of a definitive
end to the hostilities, the Security Council remains actively seized of the matter.
CRS-11
UNITED _ S
NATIONS
VY Security Council Distr.
q y ; GENERAL
WEY
S/RES/687 (1991)*
8 April 1991
RESOLUTION 687 (1991)
Adopted by the Security Council at its 2981lst meeting,
on 3 April 1991
The Security Council,
Recalling its resolutions 660 (1990) of 2 August 1990, 661 (1990) of
6 August 1990, 662 (1990) of 9 August 1990, 664 (1990) of 18 August 1990,
665 (1990) of 25 August 1990, 666 (1990) of 13 September 1990, 667 (1990) of
16 September 1990, 669 (1990) of 24 September 1990, 670 (1990) of
25 September 1990, 674 (1990) of 29 October 1990, 677 (1990) of 28 November 1990,
678 (1990) of 29 November 1990 and 686 (1991) of 2 March 1991,
Welcoming the restoration to Kuwait of its sovereignty, independence and
territorial integrity and the return of its legitimate Government,
Affirming the commitment of all Member States to the sovereignty, territorial
integrity and political independence of Kuwait and Iraq, and noting the intention
expressed by the Member States cooperating with Kuwait under paragraph 2 of
resolution 678 (1990) to bring their military presence in Iraq to an end as soon as
possible consistent with paragraph 8 of resolution 686 (1991),
Reaffirming the need to be assured of Iraq's peaceful intentions in the light
of its unlawful invasion and occupation of Kuwait, :
Taking note of the letter sent by the Minister for Foreign Affairs of Iraq on
27 February 1991 1/ and those sent pursuant to resolution 686 (1991), 2/
* Reissued for technical reasons.
1/ §/22275, annex.
2/ $/22273, $/22276, 8/22320, 8/22321 and 8/22330.
91-11221 33152 (E) foes
S/RES/687 (1991) CRS-12
Page 2
Noting that Iraq and Kuwait, as independent sovereign States, signed at
Baghdad on 4 October 1963 “Agreed Minutes Between the State of Kuwait and the
Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and
Related Matters", thereby recognizing formally the boundary between Iraq and Kuwait
and the allocation of islands, which were registered with the United Nations in
accordance with Article 102 of the Charter of the United Nations and in which Iraq
recognized the independence and complete sovereignty of the State of Kuwait within
its borders as specified and accepted in the letter of the Prime Minister of Iraq”
dated 21 July 1932, and as accepted by the Ruler of Kuwait in his letter dated
10 August 1932,
Conscious of the need for demarcation of the said boundary,
Conscious also of the statements by Iraq threatening to use weapons in
violation of its obligations under the Geneva Protocol for the Prohibition of the
Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological
- Methods of Warfare, signed at Geneva on 17 June 1925, 3/ and of its prior use of
chemical weapons and affirming that grave consequences would follow any further use
by Iraq of such weapons,
Recalling that Iraq has subscribed to the Declaration adopted by all States
participating in the Conference of States Parties to the 1925 Geneva Protocol and
Other Interested States, held in Paris from 7 to 11 January 1989, establishing the
objective of universal elimination of chemical and biological weapons,
Recalling also that Iraq has signed the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction, of 10 April 1972, 4/
Noting the importance of Iraq ratifying this Convention,
Noting moreover the importance of all States adhering to this Convention and
encouraging its forthcoming Review Conference to reinforce the authority,
efficiency and universal scope of the convention,
Stressing the importance of an early conclusion by the Conference on
Disarmament of its work on a Convention on the Universal Prohibition of Chemical
Weapons and of universal adherence thereto,
Aware of the use by Iraq of ballistic missiles in unprovoked attacks and
therefore of the need to take specific measures in regard to such missiles located
in Iraq,
3/ League of Nations, Treaty Series, vol. XCIV (1929), No. 2138.
4/ General Assembly resolution 2826 (XXVI), annex.
a
CRS-13 S/RES/687 (1991)
, Page 3
Concerned by the reports in the hands of Member States that Iraq has attempted
to acquire materials for a nuclear-weapons programme contrary to its obligations
under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968, 5/
Recalling the objective of the establishment of a nuclear-weapons-free zone in
the region of the Middle East,
Conscious of the threat that all weapons of mass destruction pose to peace and
security in the area and of the need to work towards the establishment in the
Middle East of a zone free of such weapons,
Conscious also of the objective of achieving balanced and comprehensive
control of armaments in the region,
Conscious further of the importance of achieving the objectives noted above
using all available means, including a dialogue among the States of the region,
Noting that resolution 686 (1991) marked the lifting of the measures imposed
by resolution 661 (1990) in so far as they applied to Kuwait,
Noting that despite the progress being made in fulfilling the obligations of
resolution 686 (1991), many Kuwaiti and third country nationals are still not
accounted for and property remains unreturned,
Recalling the International Convention against the Taking of Hostages, 6/
opened for signature at New York on 18 December 1979, which categorizes all acts of
taking hostages as manifestations of international terrorism,
Deploring threats made by Iraq during the recent conflict to make use of
terrorism against targets outside Iraq and the taking of hostages by Iraq,
Taking note with grave concern of the reports of the Secretary-General of
20 March 1991 7/ and 28 March 1991, B/ and conscious of the necessity to meet
urgently the humanitarian needs in Kuwait and Iraq,
Bearing in mind its objective of restoring international peace and security in
the area as set out in recent resolutions of the Security Council,
Conscious of the need to take the following measures acting under Chapter VII
of the Charter, :
5/ General Assembly resolution 2373 (XXII).
6/ General Assembly resolution 34/146.
T/ §/22366.
8/ §/22409.
S/RES/687 (1991) CRS-14
Page 4
1. Affirms all thirteen resolutions noted above, except as expressly changed
below to achieve the goals of this resolution, including a formal cease-fire;
A
2. Demands that Iraq and Kuwait respect the inviolability of the
international boundary and the allocation of islands set out in the “Agreed Minutes
Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of
Friendly Relations, Recognition and Related Matters", signed by them in the
exercise of their sovereignty at Baghdad on 4 October 1963 and registered with the
United Nations and published by the United Nations in document 7063, United
Nations, Treaty Series, 1964;
3. Calls upon the Secretary~General to lend his assistance to make
arrangements with Iraq and Kuwait to demarcate the boundary between Iraq and
Kuwait, drawing on appropriate material, including the map transmitted by Security
Council document S§/22412. and to report back to the Security Council within one
month;
4. Decides to guarantee the inviolability of the above-mentioned
international boundary and to take as appropriate all necessary measures to that
end in accordance with the Charter of the United Nations;
B
5. Requests the Secretary-General, after consulting with Iraq and Kuwait, to
submit within three days to the Security Council for its approval a plan for the
immediate deployment of a United Nations observer unit to monitor the Khor Abdullah
and a demilitarized zone, which is hereby established, extending ten kilometres
into Iraq and five kilometres into Kuwait from the boundary referred to in the
“Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the
Restoration of Friendly Relations, Recognition and Related Matters" of
4 October 1963; to deter violations of the boundary through its presence in and
surveillance of the demilitarized zone; to observe any hostile or potentially
hostile action mounted from the territory of one State to the other; and for the
Secretary-General to report regularly to the Security Council on the operations of
the unit, and immediately if there are serious violations of the zone or potential
threats to peace;
6. Notes that as soon as the Secretary-General notifies the Security Council
of the completion of the deployment of the United Nations observer unit, the
conditions will be established for the Member States cooperating with Kuwait in
accordance with resolution 678 (1990) to bring their military presence in Irag to
an end consistent with resolution 686 (1991);
Cc
7. Invites Iraq to reaffirm unconditionally its obligations under the Geneva
Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,
Teas
”
eo
CRS-15
S/RES/687 (1991)
Page 5
and to ratify the Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their
Destruction, of 10 April 1972;
8. Decides that Iraq shall unconditionally accept the destruction, removal,
or rendering harmless, under international supervision, of:
(a) All chemical and biological weapons and all stocks of agents and all
related subsystems and components and all research, development, support and
manufacturing facilities;
(b) All ballistic missiles with a range greater than 150 kilometres and
related major parts, and repair and production facilities;
9. Decides, for the implementation of paragraph 8 above, the following:
(a) Iraq shall submit to the Secretary-General, within fifteen days of the
adoption of the present resolution, a declaration of the locations, amounts and
types of all items ‘specified in paragraph 8 and agree to urgent, on-site inspection
as specified below;
(b) The Secretary-General, in consultation with the appropriate Governments
and, where appropriate, with the Director-General of the World Health Organization,
within forty-five days of the passage of the present resolution, shall develop, and
submit to the Council for approval, a plan calling for the completion of the
following acts within forty-five days of such approval:
‘(i) The forming of a Special Commission, which shall carry out immediate
on-site inspection of Iraq's biological, chemical and missile
capabilities, based on Iraq's declarations and the designation of any
additional locations by the Special Commission itself;
(ii) The yielding by Iraq of possession to the Special Commission for
destruction, removal or rendering harmless, taking into account the
requirements of public safety, of all items specified under
paragraph 8 (a) above, including items at the additional locations
designated by the Special Commission under paragraph 9 (b) (i) above and
the destruction by Iraq, under the supervision of the Special Commission,
of all its missile capabilities, including launchers, as specified under
paragraph 8 (b) above;
(iii) The provision by the Special Commission of the assistance and cooperation
to the Director-General of the International Atomic Energy Agency
required in paragraphs 12 and 13 below;
10. Decides that Iraq shall unconditionally undertake not to use, develop,
construct or acquire any of the items specified in paragraphs 8 and 9 above and
requests the Secretary-General, in consultation with the Special Commission, to
develop a plan for the future ongoing monitoring and verification of Iraq's
compliance with this paragraph, to be submitted to the Security Council for
approval within one hundred and twenty days of the passage of this resolution;
foes
CRS-16
S/RES/687 (1991)
Page 6
11. Inyites Iraq to reaffirm unconditionally its obligations.under the Treaty
on the Non-Proliferation of Nuclear Weapons of 1 July 1968;
12. Decides that Iraq shall unconditionally agree not to acquire or develop
nuclear weapons or nuclear-weapons-usable material or any subsystems or components
or any research, development, support or manufacturing facilities related to the
above; to submit to the Secretary-General and the Director-General of the
International Atomic Energy Agency within fifteen days of the adoption of the
present resolution a declaration of the locations, amounts, and types of all items
specified above; to place all of its nuclear-weapons-usable materials under the
exclusive control, for custody and removal, of the International Atomic Energy
Agency, with the assistance and cooperation of the Special Commission as provided
for in the plan of the Secretary-General discussed in paragraph 9 (b) above; to
accept, in accordance with the arrangements provided for in paragraph 13 below,
urgent on-site inspection and the destruction, removal or rendering harmless as
appropriate of all items specified. above; and to accept the plan discussed in
paragraph 13 below for the future ongoing monitoring and verification of its
compliance with these undertakings;
13. Requests the Director-General of the International Atomic Energy Agency,
through the Secretary-General, with the assistance and cooperation of the Special
Commission as provided for in the plan of the Secretary-General in paragraph 9 (b)
above, to carry out immediate on-site inspection of Iraq's nuclear capabilities
based on Iraq's declarations and the designation of any additional locations by the
Special Commission; to develop a pian for submission to the Security Council within
forty-five days calling for the destruction, removal, or rendering harmless as
appropriate of all items listed in paragraph 12 above; to carry out the plan within
forty-five days following approval by the Security Council; and to develop a plan,
taking into account the rights and obligations of Iraq under the Treaty on the
Non-Proliferation of Nuclear Weapons of 1 July 1968, for the future ongoing
monitoring and verification of Iraq's compliance with paragraph 12 above, including
an inventory of all nuclear material in Iraq subject to the Agency's verification
and inspections to confirm that Agency safeguards cover all relevant nuclear
activities in Iraq, to be submitted to the Security Council for approval within one
hundred and twenty days of the passage of the present resolution;
14. Takes note that the actions to be taken by Iraq in paragraphs 8, 9, 10,
11, 12 and 13 of the present resolution represent steps towards the goal of
establishing in the Middle East a zone free from weapons of mass destruction and
all missiles for their delivery and the objective of a global ban on chemical
weapons;
D
15. Requests the Secretary-General to report to the Security Council on the
steps taken to facilitate the return of all Kuwaiti property seized by Iraq,
including a list of any property that Kuwait claims has not been returned or which
has not been returned intact;
Lowe
el!
CRS-17 S/RES/687 (1991)
. Page 7
E
16. Reaffirms that Iraq, without prejudice to the debts and obligations of
Iraq arising prior to 2 August 1990, which will be addressed through the normal
mechanisms, is liable under international law for any direct loss, damage,
including environmental damage and the depletion of natural resources, or injury to
foreign Governments, nationals and corporations, as a result of Iraq's unlawful
invasion and occupation of Kuwait;
17. Decides that all Iraqi statements made since 2 August 1990 repudiating
its foreign debt are null and void, and demands that Iraq adhere scrupulously to
all of its obligations concerning servicing and repayment of its foreign debt;
18. Decides also to create a fund to pay compensation for claims that fall
within paragraph 16 above and to establish a Commission that will administer the
fund;
19. Directs the Secretary-General to develop and present to the Security
Council for decision, no later than thirty days following the adoption of the
present resolution, recommendations for the fund to meet the requirement for the
payment of claims established in accordance with paragraph 18 above and for a
programme to implement the decisions in paragraphs 16, 17 and 18 above, including:
administration of the fund; mechanisms for determining the appropriate level of
Iraq's contribution to the fund based on a percentage of the value of the exports
of petroleum and petroleum products from Iraq not to exceed a figure to be
suggested to the Council by the Secretary-General, taking into account the
requirements of the people of Iraq, Iraq's payment capacity as assessed in
conjunction with the international financial institutions taking into consideration
external debt service, and the needs of the Iraqi economy; arrangements for
ensuring that payments are made to the fund; the process by which funds will be
allocated and claims paid; appropriate procedures for evaluating losses, listing
claims and verifying their validity and resolving disputed claims in respect of
Iraq's liability as specified in paragraph 16 above; and the composition of the
Commission designated above;
F
20. Decides, effective immediately, that the prohibitions against the sale or
supply to Iraq of commodities or products, other than medicine and health supplies,
and prohibitions against financial transactions related thereto contained in
resolution 661 (1990) shall not apply to foodstuffs notified to the Security
Council Committee established by resolution 661 (1990) concerning the situation
between Iraq and Kuwait or, with the approval of that Committee, under the
simplified and accelerated "no-objection" procedure, to materials and supplies for
essential civilian needs as identified in the report of the Secretary-General dated
20 March 1991, 9/ and in any further findings of humanitarian need by the Committee;
Q/ §/22366.
Lae
S/RES/687 (1991) CRS-18
Page 8
21. Decides that the Security Council shall review the provisions of
paragraph 20 above every sixty days in the light of the policies and practices of
the Government of Irag, including the implementation of all relevant resolutions of
the Security Council, for the purpose of determining whether to reduce or lift the
prohibitions referred to therein;
22. Decides that upon the approval by the Security Council of the programme
called for in paragraph 19 above and upon Council agreement that Iraq has completed
all actions contemplated in paragraphs 8, 9, 10, 11, 12 and 13 above, the
prohibitions against the import of commodities and products originating in Iraq and
the prohibitions against financial transactions related thereto contained in
resolution 661 (1990) shall have no further force or effect;
23. Decides that, pending action by the Security Council under paragraph 22
above, the Security Council Committee established by resolution 661 (1990) shall be
empowered to approve, when:required to assure adequate financial: resources on the
part of Irag to carry out the activities under paragraph 20 above, exceptions to
the prohibition against the import of commodities and products originating in Iraq?
24. Decides that, in accordance with resolution 661 (1990) and subsequent
related resolutions and untiI a further decision is taken by the Security Council,
all States shall continue to prevent the sale or supply, or the promotion or
facilitation of such sale or supply, to Iraq by their nationals, or from their
territories or using their flag vessels or aircraft, of:
(a) Arms and related matériel of all types, specifically including the sale
or transfer through other means of all forms of conventional military equipment,
including for paramilitary forces, and spare parts and components and their means
of production, for such equipment;
(b) Items specified and defined in paragraphs 8 and 12 above not otherwise
covered above; .
(c) Technology under licensing or other transfer arrangements used in the |
production, utilization or stockpiling of items specified in subparagraphs (a)
and (b) above; .
(d) Personnel or materials for training or technical support services
relating to the design, development, manufacture, use, maintenance or support of
items specified in subparagraphs (a) and (b) above;
25. Calis upon all States and international organizations to act strictly in
accordance with paragraph 24 above, notwithstanding the existence of any contracts,
agreements, licences or any other arrangements;
26. Requests the Secretary-General, in consultation with appropriate
Governments, to develop within sixty days, for the approval of the Security
Council, guidelines to facilitate full international implementation of
paragraphs 24 and 25 above and paragraph 27 below, and to make them available to
all States and to establish a procedure for updating these guidelines periodically;
Joae
@
cRS-19 S/RES/687 (1991)
Page 9
27. Calls upon all States to maintain such national controls and procedures
and to take such other actions consistent with the guidelines to be established by
the Security Council under paragraph 26 above as may be necessary to ensure
compliance with the terms of paragraph 24 above, and calls upon international
organizations to take all appropriate steps to assist in ensuring such full
compliance;
28. Agrees to review its decisions in paragraphs 22, 23, 24 and 25 above,
except for the items specified and defined in paragraphs 8 and 12 above, on a
regular basis and in any case one hundred and twenty days following passage of the
present resolution, taking into account Iraq's compliance with the resolution and
general progress towards the control of armaments in the region;
29. Decides that all States, including Iraq, shall take the necessary
measures to ensure that no claim shall lie at the instance of the Government of
Iraq, or of any person or body in Irag, or of any person claiming through or for
the benefit of any such person or body, in connection with any contract or other
transaction where its performance was affected by reason of the measures taken by
the Security Council in resolution 661 (1990) and related resolutions;
&
30. Decides that, in furtherance of its commitment to facilitate the
repatriation of all Kuwaiti and third country nationals, Iraq shall extend all
necessary cooperation to the International Committee of the Red Cross, providing
lists of such persons, facilitating the access of the International Committee of
the Red Cross to all such persons wherever located or detained and facilitating the
search by the International Committee of the Red Cross for those Kuwaiti and third
country nationals still unaccounted for;
31. Invites the International Committee of the Red Cross to keep the
Secretary-General apprised as appropriate of all activities undertaken in
connection with facilitating the repatriation or return of all Kuwaiti and third
country nationals or their remains present in Iraq on or after 2 August 1990;
H
32. Requires Iraq to inform the Security Council that it will not commit or
support any act of international terrorism or allow any organization directed
towards commission of such acts to operate within its territory and to condemn
unequivocally and renounce all acts, methods and practices of terrorism;
1
33. Declares that, upon official notification by Iraq to the
Secretary-General and to the Security Council of its acceptance of the provisions
above, a formal cease-fire is effective between Iraq and Kuwait and the Member
States cooperating with Kuwait in accordance with resolution 678 (1990);
Joes
S/RES/687 (1991) CRS-20
Page 10
34. Decides to remain seized of the matter and to take such further steps as
may be required for the implementation of the present resolution and to secure
peace and security in the area. ; 7
UNITED CRS-21 S
NATIONS :
YER Security Council Distr.
Vv y GENERAL
Yessy
Ss Le
or ao - S/RES/688 (1991)
5 April 1991
RESOLUTION 688 (1991)
Ad h i ouncil at i 2982nd meeting,
on 5 April 1991
The Security Council,
Mindful of its duties and its responsibilities under the Charter of the United
Nations for the maintenance of international peace and security,
Recalling Article 2, paragraph 7, of the Charter of the United Nations,
Gravely concerned by the repression of the Iraqi civilian population in many
parts of Iraq, including most recently in Kurdish populated areas which led to a
massive flow of refugees towards and across international frontiers and to cross
border incursions, which threaten international peace and security in the region,
Deeply disturbed by the magnitude of the human suffering involved,
Taking note of the letters sent by the representatives of Turkey and France to
the United Nations dated 2 April 1991 and 4 April 1991, respectively (S/22435 and
$/22442),
Taking note also of the letters sent by the Permanent Representative of the
Islamic Republic of Iran to the United Nations dated 3 and 4 April 1991,
respectively (S/22436 and S/22447),
Reaffirming the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Iraq and of all States in the
area,
Bearing in mind the Secretary-General's report of 20 March 1991 (S/22366),
i. Condemns the repression of the Iraqi civilian population in many parts of
Iraq, including most recently in Kurdish populated areas, the consequences of which
threaten international peace and security in the region;
91-11134 33122 (E) : Jeee
CRS-22
S/RES/688 (1991) ’
Page 2
2. Demands that Iraq, as a contribution to removing the threat to
international peace and security in the region, immediately end this repression and
expresses the hope in the same context that an open dialogue will take place to
ensure that the human and political rights of all Iraqi citizens are respected;
3. Insists that Iraq allow immediate access by international humanitarian
organizations to all those in need of assistance in all parts of Iraq and to make
available all necessary facilities for their operations;
4. Requests the Secretary-General to pursue his humanitarian efforts in Iraq
and to report forthwith, if appropriate on the basis of a further mission to the
region, on the plight of the Iraqi civilian population, and in particular the
Kurdish population, suffering from the repression in all its forms inflicted by the
Iraqi authorities;
5. Requests further the Secretary-General to use all the resources at his
disposal, including those of the relevant United Nations agencies, to address
urgently the critical needs of the refugees and displaced Iragi population;
6. Appeals to all Member States and to all humanitarian organizations to
contribute to these humanitarian relief efforts;
7. Demands that Iraq cooperate with the Secretary-General to these ends;
8. Decides to remain seized of the matter.
UNITED CRS-23 | S
NATIONS
Uf \) Security Council
® 14 . Distr.
GENERAL
S/RES/689 (1991)
9 April 1991
RESOLUTION 689 (1991)
A ted by the Securit uncil i 2983rd meeting,
on 9 April 1991
The Security Council,
Recalling its resolution 687 (1991),
Acting under Chapter vIr of the Charter of the United Nations,
1. Approves the report of the Secretary-General on. the implementation
of paragraph 5 of Security Council resolution 687 (1991) contained in document
S/22454 and Add. 1-3 of 5 and 9 April 1991, respectively;
2. Notes that the decision to set up the observer unit was taken in
paragraph 5 of resolution 687 (1991) and can only be terminated by a decision
of the Council; the Council shall therefore review the question of termination
or continuation every six months;
3. Decides that the modalities for the initial six-month period of the
United Nations Iraq-Kuwait Observation Mission shall be in accordance with the
above-mentioned report and shall also be reviewed every six months.
91-11497 33182 (E)
CRS-24
UNITED : | S
NATIONS
V/ \y Security Council Distr.
\Y Wy GENERAL
$/22454
5 April 1991
ORIGINAL: ENGLISH
REPORT OF THE SECRETARY-GENERAL ON THE IMPLEMENTATION OF PARAGRAPH 5
OF SECURITY COUNCIL RESOLUTION 687 (1991)
1... The present.report.-is submitted in pursuance of Security Council resolution
687 (1991) of 3 April 1991. In paragraph 5 of that resolution, the Council
established a demilitarized zone along the boundary between Iraq and Kuwait and
requested the Secretary-General to submit to the Council, within three days, for
approval a plan for the immediate deployment of a United Nations observer unit.
Terms of reference
2. In accordance with paragraph 5 of resolution 687 (1991), the terms of .
reference of the unit, which I propose should be called the “United Nations
Iraq-Kuwait Observation Mission" (UNIKOM), would be:
(a) To monitor the Khor Abdullah and a demilitarized zone extending
10 kilometres into Iraq and 5 km into Kuwait from the boundary referred to in the
Agreed Minutes between the State of Kuwait and the Republic of Iraq regarding the
Restoration of Friendly Relations, Recognition and Related Matters of
4 October 1963; 1/
(b) To deter violations of the boundary through its presence in and
surveillance of the demilitarized zone;
(c) To observe any hostile or potentially hostile action mounted from the
territory of one State to the other. .
General principles
3. Four essential conditions would have to be met for UNIKOM to be effective:
first, it would need to have at all times the confidence and backing of the
Security Council. Second, it would have to be given the necessary cooperation of
the parties. Third, it would have to function as an integrated and efficient
military unit. Fourth, adequate financial arrangements would have to be made to
cover its costs.
91-11141 2422b (E) Joes
CRS-25
8/22454 .
English
Page 2
4. In accordance with established principles,
(a) UNIKOM would be under the command of the United Nations, vested in the
Secretary-General, under the authority of the Security Council. Command in the
field would be exercised by a Chief Military Observer appointed by the
Secretary-General with the consent of the Security Council. ‘The Chief Military
Observer would be responsible to the Secretary-General. The Secretary-General
would report regularly to the Security Council on the operations of UNIKOM and
immediately if there were serious violations of the demilitarized zone or potential
threats to peace, All matters that might affect the nature or the continued
effective functioning of UNIKOM would be referred to the Council for its decision;
(b) UNIKOM would be composed of military contingents provided by Member
States at the request of the Secretary-General. The military contingents would be
selected in consultation with the parties and with the concurrence of the Security
Council, .bearing in mind the accepted principle of equitable geographic
representation;
(c) As recommended below, the contingents would comprise armed and unarmed
military personnel. UNIKOM and its personnel would be authorized to use force only
in self-defence;
(d) UNIKOM would proceed on the assumption that the parties would take all
the necessary steps to comply with the decisions of the Security Council. It would
have to have the freedom of movement and communication and other rights and
facilities that would be necessary for the performance of its tasks. UNIKOM and
its personnel would also have to be granted all relevant privileges and immunities
provided for by the Convention on the Privileges and Immunities of the United
Nations; agreements with the host Governments concerning the status of UNIKOM would
have to be concluded without delay. The Governments of Iraq and Kuwait would be
expected to provide, free of charge, the land and premises required by UNIKOM.
Considerations relevant to the discharge of the mandate
5. As an observation mission, UNIKOM would be required to monitor and observe and
would not be expected and, indeed, would not be authorized to take physical action
to prevent the entry of military personnel or equipment into the demilitarized
zone. Further, it is my understanding that the clause requiring’ UNIKOM to "observe
any hostile or potentially hostile action mounted from the territory of one State
to the other" refers to activities that can be observed in or from the Khor
Abdullah and the demilitarized zone.
6. UNIKOM would not assume responsibilities that fall within the competence of
the host Governments and would avoid unnecessary interference in the normal
civilian life of the area. It is assumed that the Governments of Iraq and Kuwait
would each carry out all aspects of civilian administration in their respective
part of the demilitarized zone, including the maintenance of law and order. At the
same time, if UNIKOM is to be effective, it would need to have certain powers and
facilities. In this connection, the two Governments would be expected to extend to
UNIKOM full freedom of movement, on land and through the air, across the border and
Laas
CRS~26
. §/22454
English
Page 3
throughout the demilitarized zone; to control movement into.and out of. the
demilitarized zone by requiring all traffic to be routed past United Nations
observation posts; to notify UNIKOM in advance of sea and air traffic in the
demilitarized zone and the Khor Abdullah; and to establish limitations on the right
of their citizens to bear arms in the demilitarized zone. Further details
regarding the regulation of activities in the demilitarized zone and the
Khor Abdullah would be worked out in consultation with the two Governments,
including the number and armament of police deployed in the area.
Ar f operation
7. The demilitarized zone is about 200 km long, the Khor Abdullah about 40 km.
For the most part, the zone is barren and almost uninhabited, except for the
oilfields and two towns, Umm Qasr and Safwan. A small airfield is at Safwan. A
port and airfield are at Umm Qasr, which became Iraq's only outlet to the sea after
tthe .Shatt al-Arab. was blocked. A number. of roads cross the demilitarized zone,
most of them in the eastern part, but the terrain makes cross-country travel easy,
and the inhabitants, particularly the bedouins, are accustomed to moving freely
throughout the area’ and across the border.
Concept_of operation.
8. In order to carry out the mandate defined by the Security Council, UNIKOM
would monitor the situation (on a continuing basis) to ensure that no military
personnel and equipment were within the demilitarized zone and that no military
fortifications and installations were maintained in it. To this end, it would:
(a) Monitor the withdrawal of any armed forces now in the zone which is to be
demilitarized;
(b) Operate observation posts on the main roads to monitor traffic into and
out of the demilitarized zone;
(c) Operate observation posts at selected locations in the demilitarized zone;
(a) Conduct patrols throughout the demilitarized zone by land and by air;
(e) Monitor the Khor Abdullah from observation posts set up-on its shores and
from the air;
(f) Carry out investigations.
Requirements
9. The tasks defined above are essentially tasks for military observers.
However, in the circumstances obtaining in the UNIKOM area of operations, they
could not be carried out by military observers alone. This is for three main
reasons.
Laue
CRS-27
S/22454 ;
English
Page 4
10. First, the area of operations, apart from Umm Qasr and territory to the east
of it, is currently controlled by the forces of Member States cooperating with
Kuwait. As those forces bring their military presence in Iraq to an end, in
accordance with paragraph 6 of resolution 687 (1991), there is a risk that disorder
would ensue, at least for a period of time. In particular, the forces of Member
States cooperating with Kuwait are at present providing humanitarian assistance to
some tens of thousands of refugees and displaced persons, many of them in what will
become the UNIKOM area of operations. I am taking urgent steps to arrange for the
United Nations system to provide such humanitarian support as may be needed by
these people. It is also hoped that the host Governments' police forces would soon
be in a position to maintain law and order in their respective parts of the
demilitarized zone. Nevertheless, during this delicate transitional phase there
might well be a threat to the security of UNIKOM personnel, equipment and
supplies. My plan therefore includes the provision of an infantry element to
ensure UNIKOM's security at that stage.
11. Second, I have been informed by Member States cooperating with Kuwait that
mines and unexploded ordnance are a serious hazard in the area. Considerable
effort would be required to clear areas required for UNIKOM observation posts and
other installations, to make existing roads and tracks safe for patrolling and to
establish additional tracks to enable UNIKOM to patrol the length and breadth of
the demilitarized zone. Unless satisfactory arrangements can be made to complete
this work before UNIKOM is deployed, the mission would have to include a field
engineer unit.
12. Third, the demilitarized zone is barren and sparsely populated, the climate is
harsh and the infrastructure in the area has suffered greatly. The military
observers would therefore need a greater degree of logistic support than is the
case in areas that are more settled and have less severe climates. There would
thus be a continuing need for a logistic unit.
13. To carry out the tasks described in paragraph 8 above, a group of 300 military
observers would be required initially, although this number would be reviewed as
the mission gained experience and refined its methods. As regards support for the
observers, my plan would be to assign temporarily to UNIKOM five infantry companies
drawn from existing peace~keeping operations in the region, with the agreement of
the troop-contributing Governments concerned. These units would provide essential
security for UNIKOM during the setting-up phase. The Chief Military Observer would
be instructed to advise me, approximately four weeks after the beginning of the
operation, whether he foresaw a continuing need for an infantry element, If he
did, I would seek the Council's authority to replace the units temporarily assigned
to UNIKOM with one or more battalions on a more permanent basis. As indicated in
paragraph 11 above, a field engineer unit would also be required if the necessary
clearance of mines and unexploded ordnance had not been completed by the time
UNIKOM was deployed. In addition, UNIKOM would have an air unit with fixed-wing
aircraft and light helicopters, a logistic unit responsible primarily for medical
care, supply and transport, and a headquarters unit. The maximum initial strength
of UNIKOM would be approximately 1,440 all ranks, of which the infantry temporarily
attached to it from already established missions would be approximately 680, and
the field engineer unit, if it is deployed, approximately 300.
lane
CRS-28 $/22454
: English
Page 5
14, UNIKOM's headquarters would need to be within the demilitarized zone, where
Umm Qasr would seem to be the most suitable location. - A. logistic..base would be
established in Kuwait. The military observers and the infantry units would be
deployed throughout the demilitarized zone. Liaison offices would be maintained at
Baghdad and Kuwait City. At the start of the mission, liaison would also need to
be maintained with the forces of the Member States cooperating with Kuwait, whose
withdrawal through the demilitarized zone would need to be coordinated with UNIKOM.
15. A preliminary estimate of the cost of UNIKOM and my observations on its
financing will be circulated in an addendum to the present report.
Consultations with the parties
16. As already stated, UNIKOM would be able to function effectively only with the
full cooperation of the parties. In accordance with resolution 687 (1991), I have
informed the Permanent Representatives of Iraq and Kuwait of the plan contained in
the present report and ‘requested their urgent confirmation that their respective
Governments would cooperate with the United Nations on this basis. I will report
further to the Security Council as soon as this has been received. so
Notes
1/ United Nations Treaty Series, vol. 485, No. 7063.
UNITED CRS-29 S
NATIONS
Y/R) Security Council Distr.
y, Vv GENERAL
NS 274
§/22454/Add.1
5 April 1991
ORIGINAL: ENGLISH
REPORT OF THE SECRETARY-GENERAL ON THE IMPLEMENTATION OF
PARAGRAPH 5 OF SECURITY COUNCIL RESOLUTION 687 (1991)
Addendum
Estimated cost and method of financing
1. Should the Security Council establish the United Nations Iragq-Kuwait
‘Observation Mission (UNIKOM) on the basis set out in the main part of the present
report, it is estimated that the cost of the Mission for the first six months would
be approximately $83 million. The costs of continuing UNIKOM for the following six
months would be approximately $40 million. These estimates do not include
additional costs that would be incurred if the infantry units temporarily assigned
to UNIKOM are replaced with infantry battalions on a more permanent basis;-nor do
they include the costs that would be incurred if the engineer unit had to be
continued beyond six months, These are preliminary estimates, which might be
subject to revision as further details are clarified and/or as a result of
decisions taken by the Security Council.
2. It would be my recommendation that the costs of the Mission be considered an
expense of the Organization to be borne by Member States in accordance with
Article 17, paragraph 2, of the Charter. I would recommend to the General Assembly
that the assessments to be levied on Member States be credited to a special account
that would be established for this purpose.
3. The capacity of the United Nations to deploy UNIKOM would depend in large
measure on the availability of the financial resources necessary to meet the
start-up costs of the operation. This in turn would depend not only on the
appropriation of the necessary funds by the Assembly but, equally importantly, on
the receipt from Member States of their assessed contributions. As is known, the
payment of assessed contributions for peace-keeping operations established by the
Security Council has been at rates far lower than were necessary to meet cash-flow
requirements. In order to meet the start-up costs of UNIKOM, I would therefore
appeal to Member States to make voluntary payments, which would be repaid as soon
as sufficient assessed contributions have been received. I would also appeal to
Member States to make voluntary contributions in cash and in kind for setting up
and maintaining the Mission.
91-11165 2250f (E) Jace
§/22454/aAdd.1 CRS-30
English | .
Page 2
4. I take this opportunity to point out that the above cost estimate covers only
paragraph 5 of ‘resolution 687 (1991). The financial implications of the
resolution's other provisions will become clearer after the necessary detailed
examination of the manner in which these provisions may be implemented by the
Secretary-General and of the various commissions to be established under the
resolution. It is already apparent, however, that the aggregate financial
implications of the resolution are likely to be quite substantial.
a
[OCR skipped on page(s) 31-128]
[Read from a scan; the first 30 pages.]
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.