Security Council resolution 687 (1991) [on restoration of the sovereignty, independence and territorial integrity of Kuwait]
Symbol: S/RES/687(1991)
Date: 1991-04-03
Status: adopted
Agenda: S/46 [89] IRAQ-KUWAIT SITUATION
Subjects: WHO|IAEA|International Committee of the Red Cross|UN Special Commission > Establishment|UN. Compensation Fund|UN. Compensation Commission|UN Iraq-Kuwait Observation Mission|Agreed Minutes between the State of Kuwait and the Republic of Iraq regarding the Restoration of Friendly Relations, Recognition and Related Matters (1963)|Treaty on the Non-Proliferation of Nuclear Weapons (1968)|Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (1972)|Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (1925)|Charter of the United Nations (1945). Chapter VII|NON-CITIZENS|CEASEFIRES|BOUNDARIES|TREATIES|MILITARY OCCUPATION|TRUCE SUPERVISION|PEACEKEEPING OPERATIONS|WAR DAMAGE COMPENSATION|IRAQ|KUWAIT|CHEMICAL PLANTS|BALLISTIC MISSILES|WEAPONS DESTRUCTION|NUCLEAR FACILITIES|HUMANITARIAN ASSISTANCE|FOOD SUPPLY|EXTERNAL DEBT|SANCTIONS|TRADE BOYCOTTS|ARMS EMBARGO|ON-SITE INSPECTION|CHEMICAL WEAPONS|BIOLOGICAL WEAPONS|VERIFICATION|NUCLEAR WEAPONS|DETAINED PERSONS|NUCLEAR SAFEGUARDS|IRAQ|FUNDS|GUIDELINES|TERRORISM|MEDICAL SUPPLIES|IRAQ-KUWAIT SITUATION|PROPERTY|SOVEREIGNTY|REPATRIATION|KUWAIT
Votes in favour: 12
Votes against: 1
Abstentions: 2
Voting record:
country: AUSTRIA
vote: yes
country: BELGIUM
vote: yes
country: CHINA
vote: yes
country: CÔTE D'IVOIRE
vote: yes
country: CUBA
vote: no
country: ECUADOR
vote: abstention
country: FRANCE
vote: yes
country: UNITED KINGDOM
vote: yes
country: INDIA
vote: yes
country: ROMANIA
vote: yes
country: USSR
vote: yes
country: UNITED STATES
vote: yes
country: YEMEN
vote: abstention
country: ZAIRE
vote: yes
country: ZIMBABWE
vote: yes

Resolution 687 (1991)
of 3 Apri] 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 dated 27 February 1991 from the
Deputy Prime Minister and Minister for Foreign Affairs of Iraq
addressed to the President of the Security Council 41 and of his
letters of the same date addressed to the President of the
Council and to the Secretary-General, and those letters dated
3 March 56 and 5 March 57 he addressed to them, pursuant to
resolution 686 (1991),

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", 58 thereby formally recognizing the boundary between
Iraq and Kuwait and the allocation of islands, which Agreed
Minutes 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 with its boundaries as specified 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 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, 59 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 Final 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, 60 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, 61

Noting the importance of Iraq ratifying the Convention,

Noting also the importance of all States adhering to the
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,

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,

Recalling the objective of the establishment of a nuclear-weapon-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 also that despite the progress being made in
fulfilling the obligations of resolution 686 (1991), many Kuwaiti
and third-State nationals are still not accounted for and
property remains unreturned,

Recalling the International Convention against the Taking
of Hostages, 63 opened for signature in 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 transmitted
by the Secretary-General on 20 March 53 and 28 March 1991, 54
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 its recent resolutions,

Conscious of the need to take the following measures
acting under Chapter VII of the Charter,

1. Affirms all thirteen resolutions noted above, except as
expressly changed below to achieve the goals of the present
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", 58 signed by them in
the exercise of their sovereignty at Baghdad on 4 October 1963

and registered with the United Nations;

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 maps transmitted with the letter dated 28
March 1991 addressed to him by the Permanent Representative
of the United Kingdom of Great Britain and Northern Ireland
to the United Nations, 65 and to report back to the 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 Council for
its approval a plan for the immediate deployment of a United
Nations observer unit to monitor the Khawr ’Abd Allah 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"; to deter
violations of the boundary through its presence in and surveillance of the demilitarized zone and to observe any hostile or
potentially hostile action mounted from the territory of one
State against the other; and also requests the Secretary-General
to report regularly to the Council on the operations of the unit
and to do so 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 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 Iraq to
an end consistent with resolution 686 (1991);

C

7. Invites Iraq to reaffirm unconditionally its obligations
under the 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, 59 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; 61

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
related thereto;

(b) All ballistic missiles with a range greater than one
hundred and fifty kilometres, and related major parts and
repair and production facilities;

9. Decides also, for the implementation of paragraph 8,
the following:

(a) Iraq shall submit to the Secretary-General, within
fifteen days of the adoption of the present resolution, a
declaration on 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 adoption 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), including items at the
additional locations designated by the Special
Commission under paragraph (i) 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);

(iii) The provision by the Special Commission to the
Director General of the International Atomic
Energy Agency of the assistance and cooperation
required in paragraphs 12 and 13;



10. Decides further that Iraq shall unconditionally undertake not to use, develop, construct or acquire any of the items
specified in paragraphs 8 and 9, 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 the present paragraph, to be
submitted to the Council for approval within one hundred and
twenty days of the passage of the present resolution;

11. Invites Iraq to reaffirm unconditionally its obligations
under the Treaty on the Non-Proliferation of Nuclear Weapons,
of 1 July 1968; 62

12. Decides that Iraq shall unconditionally agree not to
acquire or develop nuclear weapons or nuclear-weapon-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-weapon-usable materials under
the exclusive control, for custody and removal, of the 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); to accept, in accordance with the arrangements provided for in paragraph 13, 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 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 and with
the assistance and cooperation of the Special Commission as
provided for in the plan of the Secretary-General referred to in
paragraph 9 (b), 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 plan for submission to the Council within
forty-five days calling for the destruction, removal or rendering
harmless as appropriate of all items listed in paragraph 12; to
carry out the plan within forty-five days following approval by
the 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, for the future ongoing
monitoring and verification of Iraq’s compliance with paragraph
12, 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 Council for approval within one hundred
and twenty days of the adoption of the present resolution;

14. Notes that the actions to be taken by Iraq in paragraphs 8 to 13 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
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;

E

16. Reaffirms that Iraq, without prejudice to its debts and
obligations arising prior to 2 August 1990, which will be
addressed through the normal mechanisms, is liable under
international Jaw 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 its 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 and to establish a commission that will administer the fund;

19. Directs the Secretary-General to develop and present
to the Council for decision, no later than thirty days following
the adoption of the present resolution, recommendations for
the Fund to be established in accordance with paragraph 18
and for a programme to implement the decisions in paragraphs
16 to 18, including the following: 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
its exports of petroleum and petroleum products, 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; 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 to the
Secretary-General dated 20 March 1991, 53 and in any further
findings of humanitarian need by the Committee;

21. Decides to review the provisions of paragraph 20 every
sixty days in the light of the policies and practices of the
Government of Iraq, including the implementation of all
relevant resolutions of the Council, for the purpose of determining whether to reduce or lift the prohibitions referred to
therein;

22. Decides also that upon the approval by the Council of
the programme called for in paragraph 19 and upon Council
agreement that Iraq has completed all actions contemplated in
paragraphs 8 to 13, 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 further that, pending action by the Council
under paragraph 22, the Security Council Committee established by resolution 661 (1990) concerning the situation
between Iraq and Kuwait shall be empowered to approve, when
required to assure adequate financial resources on the part of
Iraq to carry out the activities under paragraph 20, 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 until it takes a further
decision, all States shall continue to prevent the sale or supply
to Iraq, or the promotion or facilitation of such sale or supply,
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
not otherwise covered above;

(c) Technology under licensing or other transfer arrangements used in the production, utilization or stockpiling of items
specified in paragraphs (a) and (b);
(d) Personnel or materials for training or technical
support services relating to the design, development, manufacture, use, maintenance or support of items specified in paragraphs (a) and (b);

25. Calls upon all States and international organizations
to act strictly in accordance with paragraph 24, 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 Council, guidelines to facilitate full international implementation of paragraphs 24, 25 and 27, and to
make them available to all States and to establish a procedure
for updating these guidelines periodically;

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 Council under paragraph
26 as may be necessary to ensure compliance with the terms of
paragraph 24, 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 to 25,
except for the items specified and defined in paragraphs 8 and
12, on a regular basis and in any case one hundred and twenty
days following the adoption 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 Iraq, 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 Council in resolution 661 (1990)
and related resolutions;

G

30. Decides that, in furtherance of its commitment to
facilitate the repatriation of all Kuwaiti and third-State nationals, Iraq shall extend ali necessary cooperation to the International Committee of the Red Cross by providing lists of such
persons, facilitating the access of the International Committee
to all such persons wherever located or detained and facilitating
the search by the International Committee for those Kuwaiti
and third-State 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-State nationals or their
remains present in Iraq on or after 2 August 1990,


H

32. Requires Iraq to inform the 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:

I

33. Declares that, upon official notification by Iraq to the
Secretary-General and to the Security Council of its acceptance
of the above provisions, a formal cease-fire is effective between
Iraq and Kuwait and the Member States cooperating with
Kuwait in accordance with resolution 678 (1990);

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 region.

Adopted at the 298Ist meeting by 12
votes to 1 (Cuba) with 2 abstentions
(Ecuador, Yemen).