92003E0629

WRITTEN QUESTION P-0629/03

by Charles Tannock (PPE-DE) to the Council

(26 February 2003)

Subject: UN Security Council Resolutions on Iraq and the use of force

The Conclusions of the European Council of 17 February 2003 declare, inter alia, that Baghdad must disarm and co-operate immediately and fully, that the Union's objective for Iraq remains full and effective disarmament in accordance with the relevant UNSC resolutions, in particular resolution 1441, and that the Council pledges its full support to the (UN Security) Council in discharging its responsibilities.

Resolution 1441 makes reference to a number of previous UNSC. resolutions pertaining to Iraq including 678 (1990) and 687 (1991). Although principally concerned with the liberation of Kuwait, Paragraph 2 of Resolution 678 reads as follows:

Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the above-mentioned resolutions, 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'.

Paragraph 3 of the same resolution continues:

Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 above.

U. N. Security Council Resolution 687, whilst reaffirming the need to be assured of Iraq's peaceful intentions, required Iraq to unconditionally accept the destruction or removal of all biological and chemical weapons as well as research and manufacturing facilities and to accept immediate on-site inspections of its chemical, biological and missile capabilities by Unscom.

Does the Council accept that Iraq's longstanding failure to co-operate with the UN in accounting fully for its weapons of mass destruction and the continued threat to regional security which this presents mean that international peace and security have not yet been restored to the area? If so, does the Council accept that resolutions 678, 687 and 1441 provide an adequate legal basis for armed intervention in the event that Iraq continues to fail to co-operate with the UN in accounting for its stocks of biological and chemical weapons?

Reply

(22 July 2003)

As the Honourable Parliamentarian is aware, Security Council Members have different opinions on the legal basis for military action against Iraq. The Council has not debated the matter and has hence not pronounced itself on this question.

For further information on the EU position on Iraq the Honourable Parliamentarian is invited to refer to the Conclusions of the Presidency on the European Council meeting held in Brussels on 20/21 March 2003.