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Topic: Resolution 1441


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In the News (Thu 18 Apr 19)

  
  'Disarming' Iraq under International Law-February 2003 Update
Resolution 1441 does not expressly authorise the use of force against Iraq should it be seen by the UNSC or any other State as committing a material breach: there is no 'automatic trigger'.
Under the resolution, a condition of a permanent ceasefire was that Iraq must declare fully its weapons of mass destruction (chemical, biological or nuclear) programs and unconditionally accept the destruction or rendering harmless of chemical and biological weapons and agents, longer range missiles and related research and manufacturing facilities under international supervision.
In Resolution 688, the UNSC demands that the Iraqi Government 'cease their repression of the civilian population in many parts of Iraq including in the Kurdish-populated areas and appeal[s] to all member states and humanitarian organisations to contribute to humanitarian efforts'.
www.aph.gov.au /library/pubs/CIB/2002-03/03Cib16.htm   (7150 words)

  
 JURIST - O'Connell: UN Resolution 1441 - Compelling Saddam, Restraining Bush
Before Resolution 1441, some in the Bush Administration had maintained that the US could launch a major invasion of Iraq to change the regime without Security Council authorization.
The argument is that the ceasefire resolution, 687 (1991), and subsequent resolutions all tie back to the one resolution, 678 (1990), which did explicitly authorize the use of force to oust Iraq from Kuwait and establish peace in the region.
In conclusion, Resolution 1441 is designed to ensure that Saddam Hussein does not have weapons of mass destruction nor the capability to produce them.
jurist.law.pitt.edu /forum/forumnew73.php   (2483 words)

  
 IslamOnline - Views Section   (Site not responding. Last check: 2007-10-05)
While on one level resolution 1441 could theoretically be interpreted as insulating Iraq from a unilateral or bilateral military attack without approval from the Security Council, in that a “material breach” is “reported” to the Security Council, the ambiguity of the resolution makes it less than clear in practicum.
This purposely-occurring “flaw” in the resolution detracts, to an extent, from the purposes for which the United Nations was founded, in that it does not necessarily require the United States or Great Britain, implicitly, to return to the Security Council to seek approval for an invasion.
Resolution 1441 indicates that Iraq will face “serious consequences” with respect to a “material breach.” However, in accordance with the principles and purpose of the United Nations, “serious consequences” of an Iraqi material breach of the resolution should constitute a collective response, not a unilateral one.
www.islamonline.net /english/views/2002/11/article13.shtml   (1414 words)

  
 International Law - War in Iraq - United Nations - Iraq
Resolution 678, passed on Nov. 29, 1990, authorized member states to "use all necessary means to uphold and implement Resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area." (Resolution 660, passed on Aug. 2, 1990, demanded that Iraq withdraw from Kuwait.)
Resolution 1441 ultimately passed—by a vote of 15-0—because its ambiguous wording was able to placate all parties.
Paragraph 4 of the resolution makes clear that false statements, omissions, and failures to cooperate with the requirements of the resolution will be considered a material breach of Iraq's obligations and will be reported to the council for assessment in accordance with paragraphs 11 and 12.
www.worldpress.org /specials/iraq   (2474 words)

  
 Patrick McLain, Settling the Score with Saddam: Resolution 1441 and Parallel Justifications forthe Use of Force Against ...   (Site not responding. Last check: 2007-10-05)
Resolution 687 contained no such provision: it instituted a permanent cease-fire that became effective with Iraqi acceptance of the agreement and was not contingent on Iraqi compliance.
The resolution invokes the term "material breach," but the effect of that term is undermined by the conspicuous absence of the "all necessary means" language and a non-automatic procedure for enforcement.
Resolution 1373, passed on September 28th, reaffirmed the right of self-defense in the context of the September 11th attacks and went on to reaffirm "the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts."
www.law.duke.edu /journals/djcil/articles/djcil13p233.htm   (18024 words)

  
 Institute for Policy Studies LINE-BY-LINE ANALYSIS OF RESOLUTION 1441 by Phyllis Bennis
The resolution does not endorse the use of force, it redefines the Iraq crisis, at least in the international arena, as one of disarmament, not overthrow, and it will at least delay a U.S. attack.
The resolution puts additional pressure on Washington to at least appear to be acting in concert with the international community; a solo war will be a much harder sell.
Resolution 688, which the U.S. cites as authorizing bombing of the "no-fly" zones, was not passed under Chapter VII; quite the contrary, it reaffirms "the commitment of all Member States to the sovereignty, territorial integrity and political independence of Iraq."
www.ips-dc.org /comment/Bennis/res1441.htm   (3491 words)

  
 The U.S. and France botched Resolution 1441. - By Fred Kaplan - Slate Magazine   (Site not responding. Last check: 2007-10-05)
Resolution DissolutionHow the U.S. and France botched U.N. Resolution 1441.
In retrospect, Resolution 1441 was probably doomed to fail.
Resolution 687 required that Iraq "unconditionally accept the destruction, removal or rendering harmless" of everything related to its chemical, biological, and nuclear weapons programs (as well as ballistic missiles with a range exceeding 150 kilometers).
slate.msn.com /id/2079746   (1412 words)

  
 ZNet Commentary: Resolution 1441
The Russian ambassador said 'this resolution deflects the direct threat of war [it] does not contain any provision about the automatic use of force.' France's ambassador showed less interest in the resolution's war-preventing properties: 'The rules of the game set by the Security Council are clear and demanding.
After the inspectors do their job of finding 'omission' or 'interference', the next step, obtaining authorization from the Security Council for the use of force, will not be any more difficult than obtaining resolution 1441 was: a matter of bribing, promising, and threatening the members into line.
Resolution 1441 shows that the US has the diplomatic support it needs to go to war.
www.zmag.org /Sustainers/Content/2002-11/10podur.cfm   (1358 words)

  
 The Implications of UN Resolution 1441 for Iraq and International Legitimacy   (Site not responding. Last check: 2007-10-05)
Other related resolutions were also referred to, such as resolutions 707, 715 and 1051, all guaranteeing rights of UN inspections on Iraq's process of disarmament, as well as Iraq's obligation to declare any imported materials that could have military as well as civilian uses.
The second interpretation of this resolution is advocated by Russia, France and China, which argue that Resolution 1441 does not in itself give any state, alone or acting with others, an automatic right to use military force against Iraq.
However, Iraq announced its compliance with the UN resolution in order to spare its people the perils of a military attack, and to prove to the world that it is not in possession of weapons of mass destruction.
www.siyassa.org.eg /esiyassa/AHRAM/2003/1/1/REPO1.HTM   (967 words)

  
 UN Security Council Resolution 1441
The United Nations Security Council passed Resolution 1441 by a vote of 15-0 on November 8, requiring Iraq to admit inspectors from the UN Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA).
Resolution 1441 gives inspectors a stronger mandate than they had under previous Security Council resolutions.
The new resolution states that this is Iraq’s “final opportunity to comply with its disarmament obligations” and requires that reports from inspectors and member states about Iraqi noncompliance that could constitute “material breach” of the resolution be referred to the Security Council.
www.edenbridgetown.com /ethics/reference/war/un_res_1441.shtml   (2388 words)

  
 United Nations Security Council Resolution 1441 - Wikipedia, the free encyclopedia
Debate about Resolution 1441 therefore turns on whether, despite the absence of WMDs and the acceptance of inspections, Iraq failed to comply with the terms of the Resolution, and whether an invasion was justified in the absence of any further UN Security resolutions on the subject.
The USA and Britain, while admitting that such a resolution was diplomatically desirable, insisted that Iraq had now been given enough time (noting also the time since the first disarmament resolutions of 1991) to disarm or provide evidence thereof, and that war was legitimized by 1441 and previous UN resolutions.
The resolution text was drafted jointly by the United States and the UK, the result of eight weeks of tumultuous negotiations, particularly with Russia and France.
en.wikipedia.org /wiki/Resolution_1441   (1836 words)

  
 UN Security Council Resolution 1441-2002
The resolution is a compromise between the strong resolution that the US wanted, which would authorize invasion automatically upon non-compliance, and weaker French and Russian versions.
The resolution was passed on a US initiative, in order to provide a multilateral framework for a contemplated attack on Iraq.
Reaffirming its resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1402 (2002), 1403 (2002) of 4 April 2002, and the Statement of its President of 10 April 2002,
www.mideastweb.org /1441.htm   (1122 words)

  
 JURIST - Cohn: UN Resolution 1441 - Blackmailing the Security Council
But in adopting the resolution, it seems certain the Security Council was ever mindful of Yemen's fate when it defied the United States in 1990.
The resolution further declares that “false statements or omissions in the declarations submitted by Iraq” and “failure by Iraq at any time to comply with, and cooperate fully with the implementation of this resolution shall constitute a further material breach of Iraq’s obligations.
Iraq responded to Resolution 1441 by denying it has weapons of mass destruction, indicating its intention to cooperate with the weapons inspectors, and stating it would later issue an analysis of why this resolution violates the United Nations Charter, prior Security Council resolutions, and other provisions of international law.
jurist.law.pitt.edu /forum/forumnew74.php   (943 words)

  
 Untitled Document
Before reviewing the paragraphs of the resolution, it is essential to refer to the background to the resolution and the circumstances under which it was issued.
Resolution 687 (1991) imposed a series of obligations on Iraq, including, most importantly, extensive disarmament obligations, that were conditions of the ceasefire established under it.
Iraq continues to be in material breach of its disarmament obligations under resolution 687 (1991), as the Council affirmed in its resolution 1441 (2002).
home.att.net /~slomansonb/UNSC1441.html   (8374 words)

  
 UN Resolution 1441
Holding Iraq in “material breach” of its obligations under previous resolutions, the Security Council this morning decided to afford it a “final opportunity to comply” with its disarmament obligations, while setting up an enhanced inspection regime for full and verified completion of the disarmament process established by resolution 687 (1991).
By the unanimous adoption of resolution 1441 (2002), the Council instructed the resumed inspections to begin within 45 days, and also decided it would convene immediately upon the receipt of any reports from inspection authorities that Iraq was interfering with their activities.
The goal is to ensure the peaceful disarmament of Iraq in compliance with Council resolutions and a better, more secure future for its people.” How the crisis was resolved would affect greatly the course of peace and security in the coming years in the region, and the world, he said.
www.rkdn.org /1141.asp   (1560 words)

  
 Remarks by the President on the United Nations Security Council Resolution 1441
With the resolution just passed, the United Nations Security Council has met important responsibilities, upheld its principles and given clear and fair notice that Saddam Hussein must fully disclose and destroy his weapons of mass destruction.
As today's resolution states, Iraq is already in material breach of past U.N. demands.
With the passage of this resolution, the world must not lapse into unproductive debates over whether specific instances of Iraqi noncompliance are serious.
www.state.gov /p/nea/rls/rm/15019.htm   (1255 words)

  
 UN resolution 1441 - CAABU   (Site not responding. Last check: 2007-10-05)
Recalling that its resolution 678 (1990) authorized member states to use all necessary means to uphold and implement its resolution 660 (1990) of 2 August 1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore international peace and security in the area,
Recalling that in its resolution 687 (1991) the council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,
Endorses the 8 October 2002 letter from the executive chairman of UNMOVIC and the director general of the IAEA to General Al-Saadi of the government of Iraq, which is annexed hereto, and decides that the contents of the letter shall be binding upon Iraq;
www.caabu.org /press/documents/unscr-resolution-1441.html   (886 words)

  
 Document: Iraq accepts resolution 1441, 13 November 2002
We also know that there are no true, just, or fair reasons behind the adoption of this resolution in the name of the security council, after the well known understanding agreement between the representatives of Iraq and the UN Secretary General and the press statement issued jointly by Blix, ElBaradei, and the Iraqi representatives.
We hereby inform you that we will deal with resolution 1441, despite its bad contents, if it is to be implemented according to the premeditated evil of the parties of ill-intent, the important thing in this is trying to spare our people from harm.
The SC will be compelled to before the public opinion and the law to activate paragraph 14 of its resolution No. 687, by applying it to the Zionist entity (Israel), and then, to all the Middle East region, to make it a region void of mass destruction weapons.
www.al-bab.com /arab/docs/iraq/iraq2002a.htm   (1579 words)

  
 An Analysis of the United Nations Security Council Resolution 1441 -- Institute for Public Accuracy (IPA)
Resolution 1382 does not commit the Councilto lift economic sanctions -- either the import or the export prohibition --upon Iraqi compliance with its disarmament obligations: preambular paragraph 2of 1382 only lists compliance in disarmament as a necessary, not sufficient,condition for the lifting of sanctions.
Recalling that its resolution 678 (1990) authorized Member States to use allnecessary means to uphold and implement its resolution 660 (1990) of 2 August1990 and all relevant resolutions subsequent to Resolution 660 (1990) and torestore international peace and security in the area,
The ceasefire was not basedon Iraq's acceptance of the provisions of resolution 687: it was based on'official notification by Iraq to the Secretary-General and to the SecurityCouncil of its acceptance' of that resolution (resolution 687, para.
www.accuracy.org /un2   (6864 words)

  
 Online NewsHour: The Second U.N. Resolution -- February 24, 2003
The draft states that Baghdad has failed to take advantage of a final opportunity to disarm afforded it in Resolution 1441, which was unanimously adopted last Nov. 8.
RECALLING that in its resolution 687 (1991) the council declared that a cease-fire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,
RECALLING that in its resolution 1441 (2002) the council decided that false statements or omissions in the declaration submitted by Iraq pursuant to that resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, that resolution, would constitute a further material breach,
www.pbs.org /newshour/bb/middle_east/iraq/resolution2_2-24-03.html   (375 words)

  
 BBC NEWS | Americas | Key points of resolution on Iraq
To afford Iraq, by this resolution, a final opportunity to comply with its disarmament obligations under relevant resolutions of the council; and accordingly decides to set up an enhanced inspection regime with the aim of bringing to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the council.
False statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and co-operate fully in the implementation of this resolution, shall constitute a further material breach of Iraq's obligations and will be reported to the Council for assessment.
Requests the Secretary General immediately to notify Iraq of this resolution, which is binding on Iraq; demands that Iraq confirm within seven days of that notification its intention to comply fully with this resolution; and demands further that Iraq co-operate immediately, unconditionally, and actively with Unmovic and the IAEA.
news.bbc.co.uk /2/hi/americas/2412837.stm   (603 words)

  
 UN resolution 1441: Another joke Human Events - Find Articles
Under the plain language of Security Council Resolution 1441, passed unanimously in November, that should mean Saddam had blown his "final opportunity" and that "serious consequences" were imminent.
Decides that Iraq has been and remains in material breach of its obligations under relevant resolutions, including resolutions 687 (1991), in particular through Iraq's failure to cooperate with United Nations inspectors and the IAEA....
Declares that false statements or omissions in the declarations submitted by Iraq pursuant to this resolution and failure by Iraq at any time to comply with, and cooperate fully in the implementation of, this resolution shall constitute a further material breach of Iraq's obligations and will be reported to the Council for assessment....
www.findarticles.com /p/articles/mi_qa3827/is_200301/ai_n9190655   (298 words)

  
 The Security Council resolution,
Details of subsequent drafts and the final resolution can be found on the CASI site.
PP3 : Recalling that its resolution 678 (1991) authorized member states to use all necessary means to uphold and implement its resolution 660 (1990) and all relevant resolutions subsequent to Resolution 660 and to restore international peace and security in the area,
PP8 : Recalling that in its resolution 687 (1991) the Council declared that a ceasefire would be based on acceptance by Iraq of the provisions of that resolution, including the obligations on Iraq contained therein,
www.casi.org.uk /info/usukdraftscr021002.html   (541 words)

  
 MILNET: Analysis of U.N. Resolution 1441-2002
The resolution has several key points beyond the administrative language (noted by the appropriate point number in the resolution):
This item in the resolution is perhaps the most difficult for Iraq to comply with.
Operations Southern Watch and Northern Watch were implemented to uphold U.N. Security Council resolutions (specifically UNSCR 686, UNSCR 688 and UNSCR 949) that prohibit Iraqi activities against Kurds and other minorities as well as to build a buffer zone between Iraq and Kuwait.
www.milnet.com /un-res-analysis.htm   (1008 words)

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