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The Report of the Iraq Inquiry
“… well established that the authorisation to use force given by the Security Council
in 1990 may be revived if the Council decides that there has been a sufficiently
serious breach of the conditions laid down by the Council for the cease-fire.
“In the resolution we have just adopted, the Council has condemned the Iraqi
decision to cease all co-operation as a flagrant violation of its obligations.
“This resolution sends a clear message to Iraq: resume co-operation now. If Iraq
does so, the Council has spelt out unambiguously that it stands ready to conduct
a comprehensive review of Iraq’s compliance with its obligations … and what
steps remain to be taken. We hope that Iraq will respond positively and resume full
co‑operation soon.”
607.  Mr Peter Burleigh, US Deputy Permanent Representative to the UN, stated that
the Council had “sent a clear and unmistakable message to Iraq” that “non-compliance
will not be rewarded or tolerated”. The restrictions which Iraq had imposed on UNSCOM
and the IAEA were “intolerable”. Mr Annan had “expressed his own view” that Iraq’s
decision of 31 October was a “serious breach and major violation” of the 23 February
MOU. President Clinton and Secretary Albright had “emphasized that all options are
on the table”, and the US had “the authority to act”.
608.  Mr Burleigh concluded:
“Iraq should recognise the gravity of the situation it has created. Iraq must turn back
from the dangerous and self-defeating course it has chosen. The United States
sincerely hopes that Iraq will heed the clear message of this resolution and take the
necessary steps without delay.”
609.  On the evening of 10 November, Mr Butler decided to remove all UNSCOM
personnel from Iraq.243 He stated, in a letter to the President of the Security Council the
following day, that the “prime consideration which motivated the decision, and the speed
at which it was executed, was the safety of the Commission’s staff”. He had consulted
the President of the Security Council, Dr ElBaradei and the Chilean Acting Permanent
Representative to the UN in New York. “Discussions were also held” with Mr Annan’s
office. Mr Butler regretted that it had not been possible to hold wider consultations.
610.  In his memoir, Mr Annan recounts learning of UNSCOM’s withdrawal through a
telephone call from Dr ElBaradei at 0330 on the morning of 11 November and his anger
at what he considered to be Mr Butler’s “deeply unprofessional behaviour”.244
243  UN Security Council, 11 November 1998, ‘Letter dated 11 November 1998 from the Executive
Chairman of the Special Commission established by the Secretary-General pursuant to paragraph
9 (b) (i) of Security council resolution 687 (1991) addressed to the President of the Security Council’
(S/1998/1059).
244  Annan K. Interventions: A Life In War And Peace. Allen Lane, 2012.
138
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