S.J.Res. 54 (es) Finding the Government of Iraq in unacceptable and material breach of its international obligations. ...

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        S.J.Res.54

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                            Joint Resolution


 
 Finding the Government of Iraq in unacceptable and material breach of 
                     its international obligations.

Whereas hostilities in Operation Desert Storm ended on February 28, 
  1991, and the conditions governing the cease-fire were specified in 
  United Nations Security Council Resolutions 686 (March 2, 1991) and 
  687 (April 3, 1991);
Whereas United Nations Security Council Resolution 687 requires that 
  international economic sanctions remain in place until Iraq discloses 
  and destroys its weapons of mass destruction programs and 
  capabilities and undertakes unconditionally never to resume such 
  activities;
Whereas Resolution 687 established the United Nations Special 
  Commission on Iraq (UNSCOM) to uncover all aspects of Iraq's weapons 
  of mass destruction programs and tasked the Director-General of the 
  International Atomic Energy Agency to locate and remove or destroy 
  all nuclear weapons systems, subsystems or material from Iraq;
Whereas United Nations Security Council Resolution 715, adopted on 
  October 11, 1991, empowered UNSCOM to maintain a long-term monitoring 
  program to ensure Iraq's weapons of mass destruction programs are 
  dismantled and not restarted;
Whereas Iraq has consistently fought to hide the full extent of its 
  weapons programs, and has systematically made false declarations to 
  the Security Council and to UNSCOM regarding those programs, and has 
  systematically obstructed weapons inspections for seven years;
Whereas in June 1991, Iraqi forces fired on International Atomic Energy 
  Agency inspectors and otherwise obstructed and misled UNSCOM 
  inspectors, resulting in United Nations Security Council Resolution 
  707 which found Iraq to be in ``material breach'' of its obligations 
  under United Nations Security Council Resolution 687 for failing to 
  allow UNSCOM inspectors access to a site storing nuclear equipment;
Whereas in January and February of 1992, Iraq rejected plans to install 
  long-term monitoring equipment and cameras called for in United 
  Nations resolutions, resulting in a Security Council Presidential 
  Statement of February 19, 1992 which declared that Iraq was in 
  ``continuing material breach'' of its obligations;
Whereas in February of 1992, Iraq continued to obstruct the 
  installation of monitoring equipment, and failed to comply with 
  UNSCOM orders to allow destruction of missiles and other proscribed 
  weapons, resulting in the Security Council Presidential Statement of 
  February 28, 1992, which reiterated that Iraq was in ``continuing 
  material breach'' and noted a ``further material breach'' on account 
  of Iraq's failure to allow destruction of ballistic missile 
  equipment;
Whereas on July 5, 1992, Iraq denied UNSCOM inspectors access to the 
  Iraqi Ministry of Agriculture, resulting in a Security Council 
  Presidential Statement of July 6, 1992, which declared that Iraq was 
  in ``material and unacceptable breach'' of its obligations under 
  United Nations resolutions;
Whereas in December of 1992 and January of 1993, Iraq violated the 
  southern no-fly zone, moved surface-to-air missiles into the no-fly 
  zone, raided a weapons depot in internationally recognized Kuwaiti 
  territory and denied landing rights to a plane carrying United 
  Nations weapons inspectors, resulting in a Security Council 
  Presidential Statement of January 8, 1993, which declared that Iraq 
  was in an ``unacceptable and material breach'' of its obligations 
  under United Nations resolutions;
Whereas in response to continued Iraqi defiance, a Security Council 
  Presidential Statement of January 11, 1993, reaffirmed the previous 
  finding of material breach, followed on January 13 and 18 by allied 
  air raids, and on January 17 with an allied missile attack on Iraqi 
  targets;
Whereas on June 10, 1993, Iraq prevented UNSCOM's installation of 
  cameras and monitoring equipment, resulting in a Security Council 
  Presidential Statement of June 18, 1993, declaring Iraq's refusal to 
  comply to be a ``material and unacceptable breach'';
Whereas on October 6, 1994, Iraq threatened to end cooperation with 
  weapons inspectors if sanctions were not ended, and one day later, 
  massed 10,000 troops within 30 miles of the Kuwaiti border, resulting 
  in United Nations Security Council Resolution 949 demanding Iraq's 
  withdrawal from the Kuwaiti border area and renewal of compliance 
  with UNSCOM;
Whereas on April 10, 1995, UNSCOM reported to the Security Council that 
  Iraq had concealed its biological weapons program, and had failed to 
  account for 17 tons of biological weapons material resulting in the 
  Security Council's renewal of sanctions against Iraq;
Whereas on July 1, 1995, Iraq admitted to a full scale biological 
  weapons program, but denied weaponization of biological agents, and 
  subsequently threatened to end cooperation with UNSCOM resulting in 
  the Security Council's renewal of sanctions against Iraq;
Whereas on March 8, 11, 14, and 15, 1996, Iraq again barred UNSCOM 
  inspectors from sites containing documents and weapons, in response 
  to which the Security Council issued a Presidential Statement 
  condemning ``clear violations by Iraq of previous Resolutions 687, 
  707, and 715'';
Whereas from June 11-15, 1996, Iraq repeatedly barred weapons 
  inspectors from military sites, in response to which the Security 
  Council adopted United Nations Security Council Resolution 1060, 
  noting the ``clear violation on United Nations Security Council 
  Resolutions 687, 707, and 715'' and in response to Iraq's continued 
  violations, issued a Presidential Statement detailing Iraq's ``gross 
  violation of obligations'';
Whereas in August 1996, Iraqi troops overran Irbil, in Iraqi Kurdistan, 
  employing more than 30,000 troops and Republican Guards, in response 
  to which the Security Council briefly suspended implementation on 
  United Nations Security Council Resolution 986, the United Nations 
  oil for food plan;
Whereas in December 1996, Iraq prevented UNSCOM from removing 130 Scud 
  missile engines from Iraq for analysis, resulting in a Security 
  Council Presidential Statement which ``deplore[d]'' Iraq's refusal to 
  cooperate with UNSCOM;
Whereas on April 9, 1997, Iraq violated the no-fly zone in southern 
  Iraq and United Nations Security Council Resolution 670, banning 
  international flights, resulting in a Security Council statement 
  regretting Iraq's lack of ``specific consultation'' with the Council;
Whereas on June 4 and 5, 1997 Iraqi officials on board UNSCOM aircraft 
  interfered with the controls and inspections, endangering inspectors 
  and obstructing the UNSCOM mission, resulting in a United Nations 
  Security Council Presidential Statement demanding Iraq end its 
  interference and on June 21, 1997, United Nations Security Council 
  Resolution 1115 threatened sanctions on Iraqi officials responsible 
  for these interferences;
Whereas on September 13, 1997, during an inspection mission, an Iraqi 
  official attacked UNSCOM officials engaged in photographing illegal 
  Iraqi activities, resulting in the October 23, 1997, adoption of 
  United Nations Security Council Resolution 1134 which threatened a 
  travel ban on Iraqi officials responsible for noncompliance with 
  United Nations resolutions;
Whereas on October 29, 1997, Iraq announced that it would no longer 
  allow American inspectors working with UNSCOM to conduct inspections 
  in Iraq, blocking UNSCOM teams containing Americans to conduct 
  inspections and threatening to shoot down United States U-2 
  surveillance flights in support of UNSCOM, resulting in a United 
  Nations Security Council Resolution 1137 on November 12, 1997, which 
  imposed the travel ban on Iraqi officials and threatened unspecified 
  ``further measures'';
Whereas on November 13, 1997, Iraq expelled United States inspectors 
  from Iraq, leading to UNSCOM's decision to pull out its remaining 
  inspectors and resulting in a United Nations Security Council 
  Presidential Statement demanding Iraq revoke the expulsion;
Whereas on January 16, 1998, an UNSCOM team led by American Scott 
  Ritter was withdrawn from Iraq after being barred for three days by 
  Iraq from conducting inspections, resulting in the adoption of a 
  United Nations Security Council Presidential Statement deploring 
  Iraq's decision to bar the team as a clear violation of all 
  applicable resolutions;
Whereas despite clear agreement on the part of Iraqi President Saddam 
  Hussein with United Nations General Kofi Annan to grant access to all 
  sites, and fully cooperate with UNSCOM, and the adoption on March 2, 
  1998, of United Nations Security Council Resolution 1154, warning 
  that any violation of the agreement with Annan would have the 
  ``severest consequences'' for Iraq, Iraq has continued to actively 
  conceal weapons and weapons programs, provide misinformation and 
  otherwise deny UNSCOM inspectors access;
Whereas on June 24, 1998, UNSCOM Director Richard Butler presented 
  information to the United Nations Security Council indicating clearly 
  that Iraq, in direct contradiction to information provided to UNSCOM, 
  weaponized the nerve agent VX; and
Whereas Iraq's continuing weapons of mass destruction programs threaten 
  vital United States interests and international peace and security: 
  Now, therefore, be it

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Government of Iraq is 
in material and unacceptable breach of its international obligations, 
and therefore the President is urged to take appropriate action, in 
accordance with the Constitution and relevant laws of the United 
States, to bring Iraq into compliance with its international 
obligations.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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