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December 5, 2008


War with Iraq

Iraq: Compliance, Sanctions, and U.S. Policy

U.S. military action as a last resort. The Senate did not act on a similar resolution, S.Con.Res. 71, because some Senators wanted it to call for the United States to overthrow Saddam Husayn.) In November 1997 and February 1998, Russia and U.N. Secretary General Kofi Annan, respectively, brokered temporary compromises that enabled UNSCOM to resume inspections. The February 23, 1998 U.N.-Iraq agreement provided for access to eight “presidential sites” by UNSCOM inspectors and diplomatic observers. Security Council Resolution 1154 (March 2, 1998) accepted that agreement, threatening “the severest consequences” if Iraq reneged. Iraq allowed presidential site inspections (1,058 buildings) during March 26-April 3, 1998, and the United States agreed to lift the travel ban on Iraqi officials and to resume sanctions reviews.

Iraq subsequently refused to implement an UNSCOM plan for completing its work and, in August 1998, barred UNSCOM from inspecting new facilities. The Senate and House passed a resolution, S.J.Res. 54 (P.L. 105-235, signed August 14, 1998), declaring Iraq in “material breach” of the ceasefire. On September 9, 1998, the Security Council unanimously adopted Resolution 1194, suspending sanctions reviews. On October 30, 1998, the Security Council offered an easing of sanctions if Iraq fulfilled WMD and other outstanding requirements, but Iraq demanded an immediate end to sanctions and it ceased cooperation with UNSCOM (but not the IAEA). The U.N. Security Council unanimously adopted Resolution 1205 (November 5, 1998), deeming the Iraqi action a “flagrant violation” of the February 1998 U.N.-Iraq agreement. On November 14, 1998, with the United States about to launch airstrikes, Iraq pledged cooperation, narrowly averting U.S. air strikes but prompting President Clinton to openly declare a U.S. policy of regime change.

Operation Desert Fox and Aftermath. After a month of testing Iraq’s cooperation, UNSCOM said on December 15, 1998 that Iraq refused to yield known WMDrelated documents and that it was obstructing inspections; the IAEA did not issue similar complaints. All inspectors withdrew and a 70-hour U.S. and British bombing campaign followed (Operation Desert Fox, December 16-19, 1998), directed against Iraqi WMDcapable facilities and military and security targets. After almost one year of negotiations, the Security Council adopted Resolution 1284 (December 17, 1999) by a vote of 11- 0 (Russia, France, China, and Malaysia abstained), providing for the suspension of most sanctions if Iraq fully cooperates with a new WMD inspection body (UNMOVIC, U.N. Monitoring, Verification and Inspection Commission). Under 1284, Iraq’s revenues would be subject to undefined financial controls, exports of dual use items to Iraq would still require U.N. approval, and arms exports would remain banned.

In January 2000, the Security Council selected as head of UNMOVIC former IAEA director Hans Blix, who formulated an organizational plan adopted on April 13, 2000. He reported in August 2000 that UNMOVIC was ready to begin preliminary activities in Iraq. During February 26-27, 2001, Iraq conducted talks with the U.N. Secretary General about restarting inspections, but the talks made little progress.

“Axis of Evil” and U.S. Policy. Amid a growing debate over whether to expand the post-September 11 “war on terrorism” to Iraq and amid fears that Iraq could provide WMD expertise to terrorist groups, on November 26, 2001, and again in his January 29, 2002 State of the Union message, President Bush appeared to threaten unspecified action if Iraq did not readmit U.N. weapons inspectors. In the latter speech he described Iraq as part of an “axis of evil” along with Iran and North Korea. One month prior to the State of the Union

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