IA

105TH CONGRESS

2D SESSION H.J. RES. 125

Finding the Government of Iraq in material and unacceptable breach of

its international obligations.

IN THE HOUSE OF REPRESENTATIVES

JUNE 25, 1998

Mr. GINGRICH (for himself and Mr. GILMAN) introduced the following joint

resolution; which was referred to the Committee on International Relations

JOINT RESOLUTION

Finding the Government of Iraq in material and unacceptable

breach of its international obligations.

Whereas hostilities in Operation Desert Storm ended on February 28, 1991, and the conditions governing the ceasefire were specified in United Nations Security Council

Resolutions 686 (March 2, 1991) and 687 (April 3,

1991);

Whereas United Nations Security Council Resolution 687 requires that international economic sanctions remain in

place until Iraq discloses and destroys its weapons of

mass destruction programs and capabilities and undertakes unconditionally never to resume such activities;

Whereas Resolution 687 established the United Nations Special Commission on Iraq (UNSCOM) to uncover all aspects of Iraq’s weapons of mass destruction programs
2

HJ 125 IH

and tasked the Director-General of the International

Atomic Energy Agency to locate and remove or destroy

all nuclear weapons systems, subsystems or material from

Iraq;

Whereas United Nations Security Council Resolution 715,

adopted on October 11, 1991, empowered UNSCOM to

maintain a long-term monitoring program to ensure

Iraq’s weapons of mass destruction programs are dismantled and not restarted;

Whereas Iraq has consistently fought to hide the full extent

of its weapons programs, and has systematically made

false declarations to the Security Council and to

UNSCOM regarding those programs, and has systematically obstructed weapons inspections for seven years;

Whereas in June 1991, Iraqi forces fired on International

Atomic Energy Agency inspectors and otherwise obstructed and misled UNSCOM inspectors, resulting in

UN Security Council Resolution 707 which found Iraq to

be in ‘‘material breach’’ of its obligations under United

Nations Security Council Resolution 687 for failing to

allow UNSCOM inspectors access to a site storing nuclear equipment;

Whereas in January and February of 1992, Iraq rejected

plans to install long-term monitoring equipment and cameras called for in UN resolutions, resulting in a Security

Council Presidential Statement of February 19, 1992,

which declared that Iraq was in ‘‘continuing material

breach’’ of its obligations;

Whereas in February of 1992, Iraq continued to obstruct the

installation of monitoring equipment, and failed to comply with UNSCOM orders to allow destruction of missiles
3

HJ 125 IH

and other prescribed weapons, resulting in the Security

Council Presidential Statement of February 28, 1992,

which reiterated that Iraq was in ‘‘continuing material

breach’’ and noted a ‘‘further material breach’’ on account of Iraq’s failure to allow destruction of ballistic

missile equipment;

Whereas on July 5, 1992, Iraq denied UNSCOM inspectors

access to the Iraqi Ministry of Agriculture, resulting in

a Security Council Presidential Statement of July 6,

1992, which declared that Iraq was in ‘‘material and unacceptable breach’’ of its obligations under UN resolutions;

Whereas in December of 1992 and January of 1993, Iraq

violated the southern no-fly zone, moved surface to air

missiles into the no-fly zone, raided a weapons depot in

internationally recognized Kuwaiti territory and denied

landing rights to a plane carrying UN weapons inspectors, resulting in a Security Council Presidential Statement of January 8, 1993, which declared that Iraq was

in an ‘‘unacceptable and material breach’’ of its obligations under UN resolutions;

Whereas in response to continued Iraqi defiance, a Security

Council Presidential Statement of January 11, 1993, reaffirmed the previous finding of material breach, followed

on January 13 and 18 by allied air raids, and on January 17 with an allied missile attack on Iraqi targets;

Whereas on June 10, 1993, Iraq prevented UNSCOM’s installation of cameras and monitoring equipment, resulting in a Security Council Presidential Statement of June

18, 1993, declaring Iraq’s refusal to comply to be a ‘‘material and unacceptable breach’’;
4

HJ 125 IH

Whereas on October 6, 1994, Iraq threatened to end cooperation with weapons inspectors if sanctions were not ended,

and one day later, massed 10,000 troops within 30 miles

of the Kuwaiti border, resulting in United Nations Security Council Resolution 949 demanding Iraq’s withdrawal

from the Kuwaiti border area and renewal of compliance

with UNSCOM;

Whereas on April 10, 1995, UNSCOM reported to the Security Council that Iraq had concealed its biological weapons program, and had failed to account for 17 tons of biological weapons material resulting in the Security Council’s renewal of sanctions against Iraq;

Whereas on July 1, 1995, Iraq admitted to a full scale biological weapons program, but denied weaponization of biological agents, and subsequently threatened to end cooperation with UNSCOM resulting in the Security Council’s renewal of sanctions against Iraq;

Whereas on March 8, 11, 14, and 15, 1996, Iraq again

barred UNSCOM inspectors from sites containing documents and weapons, in response to which the Security

Council issue a Presidential Statement condemning

‘‘clear violations by Iraq of previous Resolutions 687, 707

and 715’’;

Whereas from June 11–15, 1996, Iraq repeatedly barred

weapons inspectors from military sites, in response to

which the Security Council adopted United Nations Security Council Resolution 1060, noting the ‘‘clear violation

on United Nations Security Council Resolutions 687, 707

and 715’’ and in response to Iraq’s continued violations,

issued a Presidential statement detailing Iraq’s ‘‘gross

violation of obligations’’;
5

HJ 125 IH

Whereas in August of 1996, Iraqi troops overran Irbil, in

Iraqi Kurdistan, employing more than 30,000 troops and

Republican Guards to suppress the Patriotic Union of

Kurdistan, in response to which the Security Council

briefly suspended implementation on United Nations Security Council Resolution 986, the UN oil for food plan;

Whereas in December of 1996, Iraq prevented UNSCOM

from removing 130 Scud missile engines from Iraq for

analysis, resulting in a Security Council presidential

statement which ‘‘deplore[d]’’ Iraq’s refusal to cooperate

with UNSCOM;

Whereas on April 9, 1997, Iraq violated the no-fly zone in

southern Iraq and United Nations Security Council Resolution 670, banning international flights, resulting in a

Security Council statement regretting Iraq’s lack of ‘‘specific consultation’’ with the Council;

Whereas on June 4 and 5, 1997, Iraqi officials on board

UNSCOM aircraft interfered with the controls and inspections, endangering inspectors and obstructing the

UNSCOM mission, resulting in a UN Security Council

presidential statement demanding Iraq end its interference and on June 21, 1997, United Nations Security

Council Resolution 1115 threatened sanctions on Iraqi

officials responsible for these interferences;

Whereas on September 13, 1997, during an inspection mission, an Iraqi official attacked UNSCOM officials engaged in photographing illegal Iraqi activities, resulting

in the October 23 1997, adoption of United Nations Security Council Resolution 1134 which threatened a travel

ban on Iraqi officials responsible for non-compliance with

UN resolutions;
6

HJ 125 IH

Whereas on October 29, 1997, Iraq announced that it would

no longer allow American inspectors working with

UNSCOM to conduct inspections in Iraq, blocking

UNSCOM teams containing Americans to conduct inspections and threatening to shoot down U.S. U–2 surveillance flights in support of UNSCOM, resulting in a

United Nations Security Council Resolution 1137 on November 12, 1997, which imposed the travel ban on Iraqi

officials and threatened unspecified ‘‘further measures’’;

Whereas on November 13, 1997, Iraq expelled U.S. inspectors from Iraq, leading to UNSCOM’s decision to pull

out its remaining inspectors and resulting in a United

Nations Security Council presidential statement demanding Iraq revoke the expulsion;

Whereas on January 15, 1998, an UNSCOM team led by

American Scott Ritter was withdrawn from Iraq after

being barred for three days by Iraq from conducting inspections, resulting in the adoption on a United Nations

Security Council presidential statement deploring Iraq’s

decision to bar the team as a clear violation of all applicable resolutions;

Whereas, despite clear agreement on the part of Iraqi President Saddam Hussein with United Nations Secretary

General Kofi Annan to grant access to all sites, and fully

cooperate with UNSCOM, and the adoption on March 2,

1998, of United Nations Security Council Resolution

1154, warning that any violation of the agreement with

Annan would have the ‘‘severest consequences’’ for Iraq,

Iraq has continued to actively conceal weapons and weapons programs, provide misinformation and otherwise deny

UNSCOM inspectors access;
7

HJ 125 IH

Whereas on June 24, 1998, UNSCOM Director Richard Butler presented information to the UN Security Council indicating clearly that Iraq, in direct contradiction to information provided to UNSCOM, weaponized the nerve

agent VX;

Whereas Iraq’s continuing weapons of mass destruction programs threaten vital United States interest and international peace and security; and

Whereas the United States has existing authority to defend

United States interests in the Persian Gulf region: Now,

therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the Government of Iraq is in material and unaccept4 able breach of its international obligations, and therefore,

5 the President of the United States is urged to act accord6 ingly.

Æ