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[Adopted as Resolution 1441 at Security Council meeting 4644, 8 November
2002]
The Security Council,
Recalling all its previous relevant resolutions, in particular its resolutions 661
(1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of
2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707
(1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of
14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant
statements of its President,
Recalling also its resolution 1382 (2001) of 29 November 2001 and its intention to implement
it fully,
Recognizing the threat Iraq’s non-compliance with Council resolutions and proliferation
of weapons of mass destruction and long-range missiles poses to international
peace and security,
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,
Further recalling that its resolution 687 (1991) imposed obligations on Iraq as a necessary
step for achievement of its stated objective of restoring international
peace and security in the area,
Deploring the fact that Iraq has not provided an accurate, full, final, and complete
disclosure, as required by resolution 687 (1991), of all aspects of its
programmes to develop weapons of mass destruction and ballistic missiles
with a range greater than one hundred and fifty kilometres, and of all
holdings of such weapons, their components and production facilities and
locations, as well as all other nuclear programmes, including any which
it claims are for purposes not related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate, unconditional, and unrestricted
access to sites designated by the United Nations Special Commission (UNSCOM)
and the International Atomic Energy Agency (IAEA), failed to cooperate
fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required
by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM
and the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international monitoring,
inspection, and verification, as required by relevant resolutions, of weapons
of mass destruction and ballistic missiles, in spite of the Council’s
repeated demands that Iraq provide immediate, unconditional, and unrestricted
access to the United Nations Monitoring, Verification and Inspection Commission
(UNMOVIC), established in resolution 1284 (1999) as the successor organization
to UNSCOM, and the IAEA, and regretting the consequent prolonging of the
crisis in the region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to comply with its commitments pursuant
to resolution 687 (1991) with regard to terrorism, pursuant to resolution
688 (1991) to end repression of its civilian population and to provide
access by international humanitarian organizations to all those in need
of assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991),
and 1284 (1999) to return or cooperate in accounting for Kuwaiti and third
country nationals wrongfully detained by Iraq, or to return Kuwaiti property
wrongfully seized by Iraq,
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,
Determined to ensure full and immediate compliance by Iraq without conditions or restrictions
with its obligations under resolution 687 (1991) and other relevant resolutions
and recalling that the resolutions of the Council constitute the governing
standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the successor organization
to the Special Commission, and the IAEA is essential for the implementation
of resolution 687 (1991) and other relevant resolutions,
Noting the letter dated 16 September 2002 from the Minister for Foreign Affairs
of Iraq addressed to the Secretary-General is a necessary first step toward
rectifying Iraq’s continued failure to comply with relevant Council resolutions,
Noting further the letter dated 8 October 2002 from the Executive Chairman of UNMOVIC
and the Director-General of the IAEA to General Al-Saadi of the Government
of Iraq laying out the practical arrangements, as a follow-up to their
meeting in Vienna, that are prerequisites for the resumption of inspections
in Iraq by UNMOVIC and the IAEA, and expressing the gravest concern at
the continued failure by the Government of Iraq to provide confirmation
of the arrangements as laid out in that letter,
Reaffirming the commitment of all Member States to the sovereignty and territorial
integrity of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary-General and members of the League of Arab States and its
Secretary-General for their efforts in this regard,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1.
Decides that Iraq has been and remains in material breach of its obligations under
relevant resolutions, including resolution 687 (1991), in particular through
Iraq’s failure to cooperate with United Nations inspectors and the IAEA,
and to complete the actions required under paragraphs 8 to 13 of resolution
687 (1991);
2.
Decides, while acknowledging paragraph 1 above, 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;
3.
Decides that, in order to begin to comply with its disarmament obligations, in
addition to submitting the required biannual declarations, the Government
of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later
than 30 days from the date of this resolution, a currently accurate, full,
and complete declaration of all aspects of its programmes to develop chemical,
biological, and nuclear weapons, ballistic missiles, and other delivery
systems such as unmanned aerial vehicles and dispersal systems designed
for use on aircraft, including any holdings and precise locations of such
weapons, components, sub-components, stocks of agents, and related material
and equipment, the locations and work of its research, development and
production facilities, as well as all other chemical, biological, and nuclear
programmes, including any which it claims are for purposes not related
to weapon production or material;
4.
Decides 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 in accordance with paragraphs 11 and 12 below;
5.
Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional,
and unrestricted access to any and all, including underground, areas, facilities,
buildings, equipment, records, and means of transport which they wish to
inspect, as well as immediate, unimpeded, unrestricted, and private access
to all officials and other persons whom UNMOVIC or the IAEA wish to interview
in the mode or location of UNMOVIC’s or the IAEA’s choice pursuant to
any aspect of their mandates; further decides that UNMOVIC and the IAEA
may at their discretion conduct interviews inside or outside of Iraq, may
facilitate the travel of those interviewed and family members outside of
Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews
may occur without the presence of observers from the Iraqi Government;
and instructs UNMOVIC and requests the IAEA to resume inspections no later
than 45 days following adoption of this resolution and to update the Council
60 days thereafter;
6.
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;
7.
Decides further that, in view of the prolonged interruption by Iraq of the presence
of UNMOVIC and the IAEA and in order for them to accomplish the tasks set
forth in this resolution and all previous relevant resolutions and notwithstanding
prior understandings, the Council hereby establishes the following revised
or additional authorities, which shall be binding upon Iraq, to facilitate
their work in Iraq:
UNMOVIC and the IAEA shall determine the
composition of their inspection teams and ensure that these teams are composed
of the most qualified and experienced experts available;
All UNMOVIC and IAEA personnel shall enjoy
the privileges and immunities, corresponding to those of experts on mission,
provided in the Convention on Privileges and Immunities of the United Nations
and the Agreement on the Privileges and Immunities of the IAEA;
UNMOVIC and the IAEA shall have unrestricted
rights of entry into and out of Iraq, the right to free, unrestricted,
and immediate movement to and from inspection sites, and the right to inspect
any sites and buildings, including immediate, unimpeded, unconditional,
and unrestricted access to Presidential Sites equal to that at other sites,
notwithstanding the provisions of resolution 1154 (1998);
UNMOVIC and the IAEA shall have the right
to be provided by Iraq the names of all personnel currently and formerly
associated with Iraq’s chemical, biological, nuclear, and ballistic missile
programmes and the associated research, development, and production facilities;
Security of UNMOVIC and IAEA facilities
shall be ensured by sufficient United Nations security guards;
UNMOVIC and the IAEA shall have the right
to declare, for the purposes of freezing a site to be inspected, exclusion
zones, including surrounding areas and transit corridors, in which Iraq
will suspend ground and aerial movement so that nothing is changed in or
taken out of a site being inspected;
UNMOVIC and the IAEA shall have the free
and unrestricted use and landing of fixed- and rotary-winged aircraft,
including manned and unmanned reconnaissance vehicles;
UNMOVIC and the IAEA shall have the right
at their sole discretion verifiably to remove, destroy, or render harmless
all prohibited weapons, subsystems, components, records, materials, and
other related items, and the right to impound or close any facilities or
equipment for the production thereof; and
UNMOVIC and the IAEA shall have the right
to free import and use of equipment or materials for inspections and to
seize and export any equipment, materials, or documents taken during inspections,
without search of UNMOVIC or IAEA personnel or official or personal baggage;
8.
Decides further that Iraq shall not take or threaten hostile acts directed against
any representative or personnel of the United Nations or the IAEA or of
any Member State taking action to uphold any Council resolution;
9.
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 cooperate immediately, unconditionally, and actively
with UNMOVIC and the IAEA;
10.
Requests all Member States to give full support to UNMOVIC and the IAEA in the discharge
of their mandates, including by providing any information related to prohibited
programmes or other aspects of their mandates, including on Iraqi attempts
since 1998 to acquire prohibited items, and by recommending sites to be
inspected, persons to be interviewed, conditions of such interviews, and
data to be collected, the results of which shall be reported to the Council
by UNMOVIC and the IAEA;
11.
Directs the Executive Chairman of UNMOVIC and the Director-General of the IAEA
to report immediately to the Council any interference by Iraq with inspection
activities, as well as any failure by Iraq to comply with its disarmament
obligations, including its obligations regarding inspections under this
resolution;
12.
Decides to convene immediately upon receipt of a report in accordance with paragraphs
4 or 11 above, in order to consider the situation and the need for full
compliance with all of the relevant Council resolutions in order to secure
international peace and security;
13.
Recalls, in that context, that the Council has repeatedly warned Iraq that it
will face serious consequences as a result of its continued violations
of its obligations;
14.
Decides to remain seized of the matter.
Annex
Text of Blix/El-Baradei letter
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United Nations Monitoring, Verification and Inspection Commission
The Executive Chairman
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International Atomic Energy Agency
The Director General
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8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical arrangements
that are prerequisites for the resumption of inspections in Iraq by UNMOVIC
and the IAEA. As you recall, at the end of our meeting in Vienna we agreed
on a statement which listed some of the principal results achieved, particularly
Iraq’s acceptance of all the rights of inspection provided for in all
of the relevant Security Council resolutions. This acceptance was stated
to be without any conditions attached.
During our 3 October 2002 briefing to the Security Council, members of
the Council suggested that we prepare a written document on all of the
conclusions we reached in Vienna. This letter lists those conclusions and
seeks your confirmation thereof. We shall report accordingly to the Security
Council.
In the statement at the end of the meeting, it was clarified that UNMOVIC
and the IAEA will be granted immediate, unconditional and unrestricted
access to sites, including what was termed “sensitive sites” in the past.
As we noted, however, eight presidential sites have been the subject of
special procedures under a Memorandum of Understanding of 1998. Should
these sites be subject, as all other sites, to immediate, unconditional
and unrestricted access, UNMOVIC and the IAEA would conduct inspections
there with the same professionalism
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