Iraq wrote to the Council on 28 July 2010 informing it of several steps it had taken to demonstrate its commitment to the principles of disarmament and non-proliferation, including its continuing voluntary application of the additional protocol to the IAEA Safeguards Agreement. Iraq argued that in light of this, the Council should lift the outstanding restrictions pertaining to disarmament imposed on Iraq. In resolution 1936 on 5 August, the Council welcomed Iraq’s voluntary application of the additional protocol on a provisional basis pending ratification and reaffirmed the importance of ratification by Iraq as soon as possible. It also welcomed the intention of the Government of Iraq to sign the Hague Code of Conduct against Ballistic Missile Proliferation.
Key Issues
The key issue for the Council is whether the progress made by Iraq in meeting its obligations with regard to establishing a DFI successor mechanism and concluding the Oil-for-Food programme now justify formal action to lift various Saddam era resolutions.
A related issue is whether—in the absence of a positive response to the Council’s call for Iraq to ratify the IAEA additional protocol—it is premature to remove the Chapter VII WMD provisions.
A further key issue is whether in light of the relative lack of recent progress with regard to Iraq’s obligations to Kuwait, those issues should also be touched on in the resolutions.
Options
Options for the Council include:
- allowing the DFI and related immunities to expire and the DFI successor mechanism to begin functioning on 1 January;
- responding positively to Iraq’s request for a further extension of the DFI and related immunities for a short period;
- finally terminating the Oil-for-Food programme;
- taking no action on the Oil-for-Food programme until it is confirmed that the outstanding letters of credit have been settled;
- cancelling remaining letters of credit and concluding the Oil-for-Food programme on condition of indemnity for all UN activities connected with the programme;
- taking no action on WMD-related restrictions until Iraq makes further progress, for example by ratifying the IAEA additional protocol;
- removing WMD-related restrictions;
- using any agreed presidential statement or resolutions to also reassert the ongoing importance of complying with Iraq’s obligations to Kuwait under Council resolutions.
Council and Wider Dynamics
It seems that many Council members are open to some sort of extension of DFI immunities in order to provide additional support to the Iraqi government in the near term. Others have been more sceptical of yet another extension, but may be persuaded to support one especially if it is clear that it would be the final extension of immunities and more limited in duration. Some members note the advice in the 10 November Secretariat briefing that it is possible for the Council to cancel letters of credit from the Oil-for-Food programme that lack requisite documentation and transfer the remaining escrow funds to the DFI or its successor.
There does not yet seem to be agreement among members with regard to removing the WMD provisions. The absence of ratification of the IAEA additional protocol is the key issue. Some view this as an important final step to demonstrate Iraqi compliance (and recall the Council’s August demand in that regard). Others now seem to think it unnecessary.
There does seem to be some concern that the high-level meeting should also include Iraq/Kuwait issues including the obligations in resolution 833 relating to the international border and the outstanding compensation payments to Kuwait. (It is possible that the Council will hold consultations on 17 December following the briefing of the high-level coordinator Gennady Tarasov for missing Kuwaiti persons and property because his mandate expires at the end of December. Most members seem to support a continuation of the coordinator’s activities and it appears likely the Council will extend his financing by writing to the Secretary-General before the end of the year. However, the concern flows from the fact that this will be a closed meeting which does not focus on all other relevant issues.)
The US is the lead country on Iraq issues in general, and the UK is the lead on Iraq/Kuwait issues.
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