The Report
of the Iraq Inquiry
239.
The draft
resolution focused on WMD.75
The key
elements of the draft and the
relevant
operative paragraph (OP) are set out in the Box below.
The key
elements in the draft resolution agreed by the US and the UK on 25
September
2002
were:
•
a decision
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 …)”
(OP1);
•
a decision
that “to begin to comply with its disarmament obligations,
the
Government
of Iraq shall provide … 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 programmes to
develop
chemical,
biological and nuclear weapons, ballistic missiles and unmanned
aerial
vehicles …”
(OP2);
•
detailed
provisions setting out an intrusive inspection regime
including:
–
interviews
outside Iraq;
–
a date
to be specified for the resumption of inspections;
–
that
members of the P5 could “recommend” sites for inspection and
“request”
to be
represented on inspection teams;
–
UN
security forces to protect the inspectors;
–
the
right to declare No‑Fly and No‑Drive Zones “for the purposes of
the
resolution”;
and
–
that
Iraq should 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”
(OPs
3‑6);
•
a request that
the Secretary‑General should notify Iraq of the revised
procedures
for
inspections set out in OP5 and a decision that Iraq should accept
those and
the
provisions in OPs 2, 3, 4 and 6 “within 7 days” (OP7);
•
a request that
all Member States “give full support to UNMOVIC and
the
IAEA” (OP8);
•
a direction to
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” (OP9);
•
a decision
that “false statements or omissions in the declaration submitted by
Iraq
and failure
by Iraq at any time to comply and co‑operate fully in accordance
with
the
provisions laid out in this resolution, shall constitute a further
material breach
of Iraq’s
obligations, and that such breach authorises Member States to use
all
necessary
means to restore international peace and security in the area”
(OP10);
and
•
a decision “to
remain seized of the matter” (OP11).
75
Letter
Brenton to McDonald, 25 September 2002, ‘Iraq: Security Council
Resolution’ attaching Paper
[unattributed],
25 September 2002, ‘Draft [Security Council Resolution] 9/25/02,
3:21PM’.
244