The Report
of the Iraq Inquiry
aims were
to prevent Saddam Hussein from attacking the Kurds from the air
by
maintaining
the NFZ, and to monitor whether he was complying with resolution
688.
There was
also a limited humanitarian element to the mission, with the
protection
of
humanitarian convoys and continued distribution of supplies to
Kurds and other
minorities
in the region.
50.
In October
1995, the UN assumed full responsibility for the humanitarian
elements
of the
operations.
51.
In 1992,
concern mounted about Saddam Hussein’s continued persecution of
the
Shia in the
South, including the draining of the Arab marshes and a forced
resettlement
programme
accompanied by a counter-insurgency campaign that included
indiscriminate
attacks on
villages by artillery, helicopter gunships and fixed-wing
aircraft.
52.
On
11 August, the UN Special Rapporteur on Iraq set out his
concerns directly to the
Security
Council. Citing the need for a response to those concerns, US, UK
and French
forces
launched Operation Southern Watch on 27 August, imposing an
“air-exclusion”
zone south
of the 32nd parallel using aircraft based in Saudi Arabia. The UK
contribution
was called
Operation JURAL.
53.
Resolution 688
condemned Iraq’s suppression of its own people, particularly
the
Kurds, and
demanded the immediate end to their repression. It also requested
the
Secretary-General
to provide humanitarian relief to the Iraqi people. But, unlike
many
previous
and subsequent resolutions on Iraq, resolution 688 was not made
under
Chapter VII
of the UN Charter, the only Chapter under which the use of force
can be
authorised
(see Box, ‘The Charter framework for the use of force’, earlier in
this Section).
It did not
explicitly authorise the coalition’s actions in patrolling Iraqi
airspace to monitor
the NFZs.
Nor did resolution 688 invite or authorise Member States to monitor
its effect.
54.
A review by
the then Attorney General of the legal basis for the NFZs was
conducted
in November
1997.
55.
The UK
Government stated that, in enforcing NFZs, it was acting “in
support”
of
resolution 688. Mr Geoff Hoon, the Defence Secretary, said in
April 2000 that UK
operations
in the NFZs were:
“…
essentially based on the overwhelming humanitarian necessity of
protecting
people on
the ground, combined with the need to monitor the effect of
[resolution]
688; so it
is the two taken in combination that provides the legal
justification.” 15
15
Minutes,
Defence Committee (House of Commons), 19 April 2000, [Evidence
Session], Qs 3 and 11.
34