UNSC keeps Iraq under Chapter 7, promises reverse action with Iraq’s compliance

By NNN-KUNA,

United Nations : The UN Security Council has decided unanimously to keep Iraq under Chapter 7 of the UN Charter, but promised to reverse its decision in the future after “reviewing” Iraq’s “actions” in compliance with all relevant resolutions.


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Acting under Chapter 7, the council adopted resolution 1859 which decided to “review” all resolutions pertaining specifically to Iraq, beginning with resolution 661 of Aug 6, 1990 which imposed sanctions on the former regime for invading neighbouring Kuwait four days earlier.

The other resolutions are related to the repatriation of Kuwaiti remains, the return of stolen property, the demarcation of Iraq-Kuwait border, the Compensation Fund and others.

It requested the Secretary-General in this regard to report, after consultations with Iraq, on “facts relevant to considereation by the council of actions necessary for Iraq to achieve international standing equal to that which it held prior to the adoption of such resolutions.”

The council, acting in response to Iraq’s request, renewed for 12 months the arrangements to deposit Iraqi oil proceeds in the Development for Iraq (DFI), and its supervision by the International Advisory and Monitoring Board (IAMB), with a review to be held in mid-June. Their current mandate expires later this month.

The council called on the Secretary-General to report to the council on a quarterly basis, with the first briefing no later than March 31, and with a written report on a semi-annual basis, on the DFI and IAMB, including on progress made in strengthening financial and administrative oversight of the Fund.

It also “encourages” the International Monetary Fund (IMF) and the World Bank, as IAMB members, to brief the council next month.

Iraqi Prime Minister Nouri Al-Maliki told the council president, Croatia, in a letter earlier this month that continuing internatioanl supervision of DFI and IAMB only is “still necessary” for it helps Iraq convince donors and creditors that it is managing its oil proceeds in a “responsible manner in the service of the Iraqi people.”

Al-Maliki, however, wanted the council to get his country out of Chapter 7 regarding other resolutions beginning with resolution 661, arguing that Iraq is “fundamentally different” from that when resolution 661 was adopted and that the time has come for Iraq “to regain its legal and international status prevailing prior to the adoption of that resoution and the subsequent sanctions imposed on it under Chapter 7.”

By Monday’s resolution, the council rejected Al-Maliki’s request. It did however recognise in the resolution’s preambular part that the current situation in Iraq is indeed “significantly different” from the time under the Saddam regime.

Chapter 7 allows the council to “determine the existence of any threat to the peace, breach of the peace, or act of aggression” and to take military and non-military action to “restore international peace and security.”

The council also “recognised” that the mandate of the US-led Multinational Force (MNF) in Iraq expires later this month, without renewal, and completely ignored to welcome or even to mention the US-Iraq security agreement signed last month. The agreement is only mentioned in Al-Maliki’s letter which is issued as an annex to the resolution.

The council called in the resolution’s preambular part on the countries in the region and Iraq’s neighbours not to interfers in its internal affairs and to support the Iraqi people in their pursuit of peace, stability, security, democracy and prosperity.

It also welcomed the Expanded Neighbours’ Conference in Kuwait, Egypt and Turkey earlier this year in supporting Iraq’s efforts to achieve security and stability in the country.

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