S/PV.2951 Security Council
In accordance with the decisions taken at the previous
meeting on this item, I invite the representatives of Iraq and Kuwait to take
places at the Council table.
At the invitation of the President, Mr. Al-Anbari (Iraq) and Mr. Abulhasan
(Kuwait) took places at the Council table.
The Security Council will now resume its consideration of
the item on its agenda.
I have to inform the Council that France and the Union of Soviet Socialist
Republics have joined in sponsoring the draft resolution contained in document
S/21911.
I should like to draw the attention of members of the Council to document
S/21892, which contains the text of a letter dated 19 October 1990 from the
Permament Representative of Kuwait to the United Nations addressed to the
Secretary-General.
The first speaker is the representative of Iraq, on whom I call.
Mr. AL-ANBARI (Iraq): Since this is the first time I have addressed the
Council under your presidency, Sir, I should like to congratulate you on the
assumption of that responsibility. I wish you the best of luck in serving the
cause of peace throughout the world as well as in conducting the meetings and
affairs of the Council. I confirm my delegation's willingness and readiness to
co-operate with you fully and to consult with you at all times, as we did in the
past when your predecessor, Sir Crispin Tickell, was Permanent Representative of
the United Kingdom.
(spoke in Arabic)
Every single one of the eight resolutions adopted by the Security Council
regarding the so-called Gulf crisis, as well as the draft resolution now before the
Council has been justified as a resolution that was adopted in the service of the
cause of peace, the avoidance of war and against the use of force. That being the
case, and these being the views of those who have been pushing the Council to adopt
those resolutions, one after another, it was assumed that there would be nothing
wrong in flouting this or that principle of the Charter, or international
instruments or any norm of international law.
(Mr. Al-Anbari, Irag)
However, I fear that such an approach might lead to a very serious slippery
path whose very first casualty will be the United Nations and its credibility.
Therefore, I should like to be allowed to shed some light on what I believe to be a
glaring contradiction between the Council's resolutions and the Charter of the
United Nations, on the one hand, and on the other between the actions of some
permanent members of the Council vis-a-vis the Gulf crisis, and especially
vis-a-vis Iraq, and the letter and spirit of Security Council resolutions. I shall
later put forward the views of my Government with regard to the various paragraphs
of the draft resolution before the Council.
First: the Council bears the primary responsibility for guaranteeing
international peace and security, and, in shouldering that responsibility, acts on
behalf of the Member States of the United Nations. This is specifically stipulated
in paragraph 1 of Article 24 of the Charter. However, paragraph 2 of that same
Article stipulates that, in discharging its duties, the Security Council shall act
in consonance with the purposes and principles of the United Nations.
I fear that because it found itself required to work day and night in order to
adopt one resolution on the heels of the other on the Gulf crisis, the Council has
not paid enough attention to the purposes and principles of the United Nations,
which are the constitutional guarantee that the Council will not exceed its mandate
and that any Member State shall not act arbitrarily in exercising its
responsibilities as a member of the Council or in justifying any measure it takes
under the pretext of implementing Council resolutions.
The main purpose of the United NHtions, as enshrined in Article l of the
Charter is - and here I quote part of paragraph l of that Article:
"to bring about by peaceful means, and in conformity with the principles of
justice and international law, adjustment or settlement of international
disputes or situations which might lead to a breach of the peace".
(Mr. Al-Anbari, Irag)
When I refer to the need for the Council to act in accordance with the
principles of justice and international law, I do not mean to suggest that the
Council is an international court or a judicial body. Since it is made up of the
five Powers that were the victorious allies in the Second World War and of 10 other
States elected by the General Assembly, it is a political organ. Its members are
not international judges or international diplomats acting and voting without being
influenced by their own national interests or by the political considerations that
determine the foreign policy of their countries and the domestic and regional
interests of their Governments. Nevertheless, the Council and its members are duty
bound to observe the principles of justice and international law, because their
very membership of their Council and the rights and privileges as members of the
Council derive from the Charter. Therefore, they are bound to respect all that is
in the Articles of the Charter.
Regardless, the Council has not hesitated to adopt eight resolutions under
Chapter VII of the Charter on a crisis that really threatens international peace
and security, not only in the Gulf region but in the world as a whole. In doing
this, the Council did not deem it appropriate to consult with Iraq on any of the
eight resolutions adopted since 2 August 1990 or any paragraph therein, despite the
fact that all those resolutions concern Iraq and affect its independence,
sovereignty and national security. In so doing, the Council has ignored its
obligations under the Charter to observe the principles of justice and
international law in discharging its duties.
The most elementary principle of justice demands that each party to a dispute
should be given the opportunity to put forward its rights and claims as it sees
them and to make clear what it deems to be the appropriate means of settling the
dispute. In disregard of this principle, however, the Council preferred to adopt
(Mr. Al-Anbari, Iraq)
its resolutions without contacting or advising Iraq of its consultations. Those
consultations took place in secrecy. The resolutions were adopted in a form that·
was akin to ultimatums calling for capitulation, rather than a form that urged
peace.
(Mr. Al-Anbari, Irag)
This approach in adopting resolutions against Iraq has also prompted the
Council to disregard the other peaceful means and avoid the use of good offices to
bring to light the true causes of the conflict and the circumstances that led to
it, with a view to finding a peaceful and realistic solution thereto. Instead, the
Council has rushed to adopt resolutions that are akin to military orders or
judgments in absentia against Iraq, In the teeth of all these facts, there are
those who say, as we have heard, that Iraq has not shown flexibility or responded
positively to those orders or resolutions, which were adopted against it without
its being consulted, without hearing its case and without consideration of its
feeling that its sovereignty and national security have been infringed.
Surely, this is not the best means of settling international disputes under
the principles of justice and the norms of international law, Secondly, some have
gone so far as to defend this unjust and dangerous approach in addressing the Gulf
crisis by claiming that the adoption of hasty harsh resolutions on the heels of
each other is necessary and in the interests of Iraq, the Arabs and the world at
large as such resolutions are supposed to focus on the option of peace and preclude
the option of war and destruction,
That, however, is not the truth, The truth is that that claim is no more than
a justification for the adoption of such resolutions, that are not in the interests
of peace or peaceful settlement of the conflict, but in the interests of the very
opposite, The manner of their preparation and the secrecy that surrounds the
consultations that lead to their adoption, their contents and the timing of their
adoption, are such that each one of the resolutions, including the draft resolution
now before the Council, which, if adopted, will be the ninth in the series, has
been with the express purpose of escalating the situation and aborting every
international or regional peace efforts or initiative.
(Mr, Al-Anbari, Iraq)
JB/8 S/PV.2951 12
The purpose is also to send a message to the States of the region that they
should not consider or work for any peaceful Arab solution to the crisis but should
rather put the halter in the hands of those who have the say in the Council, so
that they'may determine how the Arabs should live with each other and how they
should not try to resolve their problems by themselves, or try to preserve their
own oil and water resources, or try to safeguard their national security since
there are others who are much more concerned with the Arabs' national interest,
future and security than the Arabs themselves.
This process of escalation that is spearheaded by the United States and its
allies and applauded by their lackeys is now on the verge of reaching its pinnacle
in the form of the draft resolution before the Council. It will make it possible
for the warmongers and advocates of carnage and aggression to declare that they
have exhausted all peaceful means and failed and that the only option now is war.
The fact of the matter is that the United States started its military buildup on
land and at sea even before it was asked to do so by any State in the region. The
United States has engaged in aggression and taken the initiative of decreeing a
naval blockade with its ally, the United Kingdom. That is an act of war and an act
of aggression under the definition of aggression adopted by the General Assembly.
The United States acted in that manner before the Council adopted resolution
661 (1990). That resolution, which the United States pushed through for adoption
on 6 August 1990 by exerting all sorts of pressures - only three days after the
adoption of resolution 660 (1990) - was designed simply to allow the United States
to ensure cover for its acts of aggression against Iraq and to claim legality for
its aggression against Iraq under the umbrella of resolution 661 (1990) although
that resolution did not and does not authorize the United States or any other State
(Mr. Al-Anbari, Irag)
JB/8 S/PV.2951 13-15
to blockade Iraq. My Government has rightfully described that resolution as unjust
and declared that it contravenes the United Nations Charter.
The naval blockade has led, just as Iraq expected upon the adoption of
resolution 661 (1990), to a situation of anarchy and piracy on the high seas.
Indeed, between 27 September and 8 October, one Iraqi vessel, the Tadmur, was
searched three times. Even the foodstuffs on board for the sustenance of the
vessel's crew were seized. Those actions were committed by United States, British
and Australian naval units, as detailed in the letter addressed by my Government on
15 October 1990 to the Secretary-General (S/21874).
Thirdly, today we are faced with yet another falsehood that runs counter to
the United Nations Charter. That falsehood claims that certain States, especially
the United States and its allies, have the right to use force and commit acts of
aggression against Iraq under cover of Article 51 of the Charter which relates to
the right of individual and collective self-defense.
(Mr. Al-Anbari, Irag)
We know that, in the first instance, it is only the Security Council that has
the right to use force within the limits and according to the procedures stipulated
by the United Nations Charter. That right is exclusive to the Security Council; no
other party has that right. Indeed, the use of force by any other party is
prohibited under the terms of Article 2 of the Charter. There is only one
exception, namely that which is stipulated, within narrow limits, by· Article 51.
However, the right to use force in individual or collective self-defence is subject
to a time scale specified by Article 51. The right of self-defence is authorized
until such time as the Security Council has taken measures. Since all these
resolutions were adopted by the Council in accordance with Chapter VII, and the
Council decided to remain seized of the situation until the conflict is resolved,
no State - neither the United States nor any other - has the right to use force.
That is, of course, if we do respect the Charter of the United Nations which must
be respected - by the members of the Security Council, above all others.
Despite this, the United States declares, from one day to the next, its
intention to increase the number of its troops in the region and to expand the
targets of its military forces. It does not hide its intention to attack Iraq
under any pretext it can use, notwithstanding the fact that this contravenes the
obligations that it entered into as a member of the United Nations and of the
Security Council.
Herein is the extreme gravity of the game that is being played by certain
States, especially the United States and its allies, which keep on beating the
drums of war. When those States perpetrate acts of aggression against Iraq and
describe those acts as peace measures, they are making a pretext of the right of
self-defence while violating in a very blatant manner the terms of Article 51 of
the Charter. Those violations of the rules of the Charter, as well as this
(Mr. Al-Anbari, Iraq)
AE/dl S/PV.2951 17
double-speak and hysteria of military mobilization have prompted some marginal
parties in the region to applaud the warmongers even more enthusiastically and
vociferously than before. In this regard, those applauding parties are like moths
hovering round a flame and are sure to get roasted in the process before anyone
else.
Fourthly, the United Nations Charter - in Chapter VIII, Article 52 - states
specifically that:
"The Security Council shall encourage the development of pacific
settlement of local disputes through such regional arrangements ... "
It is regrettable - indeed, it is a grave matter - that the Council has completely
disregarded the Arab initiatives calling for a peaceful Arab solution of the Gulf
crisis. The dangerous nature of this stance is that, in the end, it shall lead to
a situation wherein foreign Powers shall benefit at the expense of legitimate Arab
interests especially - and this is the crux of the matter - by occupying the Arab
oil fields and depriving the Arab nation with all its countries of exercising their
sovereignty over their own natural resources or adopting production and pricing
policies that serve the legitimate interests of the Arab States and safeguard their
national security, whether they be oil producers or not.
This disregard by the Security Council and its permanent members of Arab
initiatives has not been spontaneous or a simple mistake. It is a deliberate
policy that bespeaks a determination not to permit any regional organization or
Power to act independently of or apart from United States interests. This also
confirms the intention to perpetrate aggression against Iraq and the determination
to break the back of any striving by the Arabs to exercise their own will. The aim
of course is to occupy permanently the Arab oil fields, control navigation in the
Gulf and threaten the national security of Iraq and other Arab countries.
(Mr. Al-Anbari, Irag)
AE/dl S/PV.2951 18-20
The Security Council knows full well that, at the beginning of the crisis,
His Majesty King Hussein of Jordan tried to arrange a mini-summit meeting in J?ddah
in which Iraq, Saudi Arabia, Egypt, Yemen and Jordan were to take part with a view
to dealing with the problem in the context of the supreme interests of the Arabs,
and in keeping with the traditions of all Arabs, However, the visit of the United
States Secretary for Defence to the region on 6 August 1990, and the ensuing United
States military build-up aborted the holding of that Arab mini-summit,
(Mr, Al-Anbari, Irag;)
NR/ras S/PV.2951 21
Since then, the United States and its allies have not been satisfied with
merely ignoring Arab initiatives. They have heaped scorn on those initiatives and
·slandered the Arab leaders who have been trying to resolve this crisis and unite
the Arab world. They have kept harping on the theme of "no negotiations before
unconditional capitulation", They have gone to such lengths in this respect that
it now appears as if the approach of peaceful solutions and negotiations has been
declared an unforgivable crime.
We have always called and continue to call upon the Council to abide by the
rules of the Charter which give precedence to local solutions within the framework
of regional organizations, before the Council decides to take a leap and
selectively impose sanctions under Chapter VII of the Charter,
We do not say any of this, however, in order not to face the Council or to
prevent it from shouldering its responsibilities. We say this because we are
convinced that the Arabs know their problems better than anybody else, are well
aware of the designs of foreign interests on their oil, water and other resources,
and are in a better position to find the right solutions for their own problems.
The fact of the matter is that the demographic make-up of the Arab world, its
means of communication and telecommunications, its strategic and its immediate
interests, its water and oil resources, as well as its national and social
characteristics, its religious beliefs and, above all, the Palestinian cause, are
factors which combine to make every Arab country interlocked with all the others.
Therefore, there is a need for an Arab framework, not only to co-ordinate and
promote Arab co-operation, but also to resolve Arab crises and Arab problems.
However, regrettably, foreign Powers, especially the United States and its
allies, continue to succeed in intervening and bringing pressure to bear on this or
that Arab party and, by so doing, manage to sow mutual suspicions and divisions in
(Mr. Al-Anbari. Irag)
NR/ras S/PV.2951 22
order for them to reap their desired gains and benefits at the expense of Arab
interests, and Arab security, just exactly as they used to do in the 19th century.
We had hoped that the ending of the cold war would lead to the promotion and
development of resolving problems by peaceful means, and that that would lead in
turn to the increased participation of regional organizations in the peaceful
resolution of those problems, starting from their root causes. However, we witness
the emergence of a tendency that is nearer to violence and coercion rather than
peace and justice.
It is in the context of that tendency that this Council disregards all the
alternative peaceful means which could be utilized and opts for the imposition of
its resolutions and sanctions, selectively, against one State and never against
another. One proof of this is the permissive lenient stance by the Council
vis-a-vis the Israeli entity, on the one hand, and the method of violence and
mobilization against Iraq adopted by the Council, on the other hand.
The Security Council knows, no doubt, that it has adopted 168 resolutions
concerning the Palestinian cause and 44 resolutions on Lebanon. We know that
during that period, the United States exercised the veto 91 times.
Notwithstanding, neither the Council nor the United States has pursued the
implementation of those resolutions or threatened to invoke sanctions under
Chapter VII against the Israeli entity. The fact that the United States and the
Security Council have seen fit to ignore the initiative of 12 August 1990 by
President Saddam Hussein wherein he called for dealing with all the region's
problems on an equitable just basis, is the conclusive proof that the United States
is determined to prevent any peaceful Arab solution to the crisis, and that it is
its economic, financial and strategic designs on the region that motivate it, in
collaboration with the Zionist entity. By disregarding the Iraqi initiative to
(Mr. Al-Anbari. Iraq)
NR/ras S/PV,2951 23-25
wOich I have referred, the Security Council has wasted an historic opportunity for
acting and consolidating its credibility in the maintenance of international peace
and security . . f'J,
All those who really want to promote and consolidate the rule of law in
international relations, which, we hope, is what is meant by all that talk of the
so-called "new international order", must have hoped that the Council would take
the opportunity provided by President Saddam Hussein's initiative and, at long
last, draw up the necessary rules and arrangements for resolving all the problems
of the region.
However, the Council preferred to let that opportunity slip by. Yet the
Council can still consider the initiative more seriously since it is the most
realistic and vital initiative for resolving all the problems of the region. All
the region's problems are interconnected at the root and cannot be resolved
separately from each other, partially and superficially. It is impossible to
resolve some of those problems and leave others pending to grow like a cancer in
the body of the Arab nation and spread like a malevolent growth.
By disregarding that peace initiative, the Security Council has further
aggravated the Gulf crisis and escalated the threat of war, on the one hand, and,
on the other, sent an implicit message to the Zionist entity and to other regimes
in the Middle East to the effect that they can ignore Security Council resolutions,
continue their occupation of the territories of others and their violations of the
1949 Geneva Conventions, which they have been trampling for years now with complete
impunity as far as the Council is concerned.
(Mr. Al-Anbari, Irag)
BHS/sk S/PV.2951 26
We must ask why is it that the United States and the United Kingdom insist
. , that it is the Gulf crisis that should be resolved while they put the sufferings of
the Palestinian people on the back burner indefinitely? Those two Governments are
opposed to the idea of resolving all the problems of the region on the same footing
and on the basis of the same principles on the grounds that to do so would make an
unacceptable linkage between the two problems. Obvertly, those same two
Governments are seeking to link the postponement of a solution to the Palestinian
problem, rather arbitrarily to the situation in the Gulf. That position is
illogical and unjust.
The United States and the United Kingdom declare publicly that they are not
seeking a peaceful solution to the Gulf crisis, and they seek the destruction of
Iraq's military and economic capabilities. Margaret Thatcher, the Prime Minister
of the United Kingdom, stated on 28 October that the embargo and blockade against
Iraq must continue until Iraq is deprived of every chemical, biological and nuclear
capability. These were her own words. It seems that she has decided for herself
that Iraq has acquired nuclear weapons. At the same time, however, she said not a
word about the whole arsenal of weapons of mass destruction acquired by Israel,
including nuclear weapons.
The Iraqi initiative to which I have referred did not seek to embarrass the
Council or to prevent it from dealing with the Gulf crisis. The initiative did
highlight, however, the double standards of the Security Council, in dealing with
the events of the region. It showed how the Council wears kid gloves when it deals
with the Israeli entity's occupation of Arab lands, its ongoing extermination of
the Arab people in Palestine, its violation of all Security Council resolutions and
its trampling of the Fourth Geneva Convention, under the protection of the United
States and its allies.
(Mr. Al-Anbari, Iraq}
The United States, as I have said, has never hesitated to use its veto, no
matter how brutal the Israeli crimes and no matter how defiant Israel has been in
opposing the resolutions of the Council, international instruments and rules of
international law. Even on those rare occasions when it has not, as in the case of
resolution 673 (1990) adopted by the Council against the Israeli authorities
calling on those authorities to allow the mission of the Secretary-General to
inquire into the crimes committed by the Israeli authorities against the
Palestinian people, the United States, the United Kingdom and their allies made it
their business to water down the resolution in both form and substance, so that the
resolution may not exceed its tactical purpose of making it possible for the United
States to secure the adoption of yet more unjust resolutions against Iraq, such as
the one now before the Council.
Now that I have shed light on some of the fallacies of the situation and the
grave offences committed against Iraq in the name of the Charter and of peace, I
shall comment briefly on some of the operative paragraphs of the draft resolution
before the Council.
This draft resolution consists of two parts, part A, which has been prepared
by the United States, the United Kingdom and other permanent members who appear to
have gone along with it, and part B, which has been authored by the non-aligned
countries, We would have preferred the two drafts to be issued separately,
independently of each other, not only because they are contradictory in letter and
spirit but also so that each member State should make plain its peace-loving or
aggressive intentions. However, Iraq welcomes the appeal for peaceful solutions in
order to spare the region the devastating war for which the United States is
gearing up against Iraq. Notwithstanding this, however, we feel that if the
Council really intends to make proper use of the good offices of the
Secretary-General, it would not be appropriate to limit his freedom of action and
(Mr. Al-Anbari, Iraq)
BHS/sk S/PV.2951 28-30
shift to him the burden of implementing the biased, unjust resolutions whose
purpose is to prepare for a war of aggression against Iraq. We feel that good
offices cannot bear any fruit if the intention behind them is to secure
capitulation and the surrender of Iraq's rights, its interest and its national
security.
(Mr, Al-Anbari, Iraq)
As far as paragraphs 1 to 4 are concerned, they are such that they would cause
the crisis to get into a vicious circle. Instead of creating conditions for a
peaceful solution, they would simply complicate the situation further, as they
ignore Iraq"s rights and the negative consequences of the implementation of earlier
Council resolutions. This draft has been based on tendentious rumours propagated
.by parties that are prejudiced against Iraq or stand to gain from spreading and
emphasizing those rumours, especially when one considers the vast amounts of money
changing hands with public relations companies in certain countries.
Iraq, which is living under the terror and aggression of the allied foreign
troops that are massed against it, has repeatedly announced that if those forces
were withdrawn, or if the States concerned undertook not to commit any act of
aggression against Iraq, their nationals would be free to go wherever they wished,
knowing that Iraq would undertake to ensure their safety, dignity and security.
Why, then, should there be any crocodile tears on the lot of foreign nationals
in Iraq, when the Iraqi people as a whole, has been subjected to an arbitrary
blockade, and has in fact been made the hostage of ground-based, naval and air
forces that are threatening Iraq with death and destruction?
Those forces threaten Iraq with destruction unless it capitulates and unless
the Arab nation capitulates with it and yields to the orders of foreign forces and
the aerial and naval pirates now active in the region.
Paragraph 5 of the draft exposes the contradictions in the Security Council
resolutions imposing a blockade and restrictions on the importing of foodstuffs
into Iraq; it sets as a condition the need for such imports to be carried out by
international agencies with the approval of the Council's Committee charged with
monitoring implementation of the embargo.
(Mr, Al-Anbari, Irag)
RH/12 S/PV.2951 32
But the Council did not hesitate to call on Iraq to provide foodstuffs and
elementary necessities to the nationals of the third countries, though the Council
itself had forbidden Iraq to import essential foodstuffs, spare parts and other
necessities, which it needs in order for it to be able to provide necessary
services to its own nationals or to foreign nationals residing in Iraq.
But the gravest paragraphs that most severely contradicts the Charter and
flies in the face of the peace-making claims of those States preparing to commit
aggression against Iraq and paralyse its economic potential and international
relations, are paragraphs 8 and 9.
We believe that the Council has exceeded its mandate, because it is a
political body consisting of members who seek only to advance their own political
interests. It is not a judicial body consisting of independent, impartial judges
competent to rule on compensation for those entitled to it in any conflict. As for
the fact that the Security Council is now preparing to continue to do harm to the
interests of Iraq, even after the resolution of the Gulf crisis, this fact shows to
what extent certain members of the Council are abusing it and exploiting it to
provide a cover of legitimacy for their acts of aggression and maritime piracy. In
these two paragraphs, those States have taken the liberty of looting Iraqi
patrimony, while they shed tears over the plight of the developing countries.
When the Council adopted resolution 661 (1990) ordering an economic embargo
against Iraq, Iraq warned that it would seriously damage all the States of the
world, particularly those of the third world that import oil, because Iraqi oil
exports would no longer be on the market, and oil prices would rise, thus
aggravating the economic crisis of those countries, which as we know, are already
suffering under mounting debt burdens. This sudden increase in the cost of their
oil imports would be damaging to them, Iraq warned. Moreover, the industrialized
States and other oil-producing States would gain billions of dollars in profits
(Mr. Al-Anbari, Irag)
regardless of the woes of the oil-importing countries. States that Cre profiting
from the increased price of oil have taken advantage of the embargo measures and
are now shedding crocodile tears over the,plight of the third world an.d.third-world
immigrant workers.
The losses being endured by all States, including the developing countries,
some of whose nationals were working in Iraq and the region, as a res?tt of
increased oil prices and the embargo measures, are far greater than the losses
being suffered by the nationals of those States as a result of their having left
their work and returned to their countries because of the worsening of the Gulf
crisis.
(Mr. Al-Anbari, Iraq)
I wish to make it very clear that the losses suffered by third-country
citizens have not resulted directly from the Gulf crisis. Rather, they have
resulted from the massing of ground, sea and air forces particularly those of the
United States. The resultant fear of mass destruction, in addition to the
deteriorating economic situation in the region because of the economic embargo
decreed against Iraq by the Security Council, the arbitrary decisions of the
Council's Sanctions Committee and its bias in dealing with the applications by
certain countries that have suffered losses have combined in bringing about that
suffering. While responding promptly to the application of some countries, the
Sanctions Committee has engaged in dilatory tactics in respect to other
applications, for biased, political reasons, in contradiction with the Security
Council's embargo resolutions - and in violation of human rights, for that matter.
While Iraq emphasizes the illegality of the paragraphs of the draft resolution
relating to compensation on objective and juridical grounds, it believes that the
Security Council should rather recommend that United Nations bodies adopt just
formulae whereby the former colonial Powers are made to compensate their former
colonies for their natural resources that were plundered, either directly or
through the economic concessions granted to the colonial Powers' corporations. The
colonial Powers exploited the peoples of their colonies, looted and removed their
cultural patrimony and even annexed parts of their territories. That is what the
United States did with regard to Mexico. In Palestine the United Kingdom created
an entirely artificial entity alien to the region. These Powers have killed
innocent civilians. That is what the United States did recently in Panama, in
Grenada, in Nicaragua. The mass graves of innocent civilians are there for
everyone, including Americans, to see.
(Mr. Al-Anbari, Iraq}
Iraq again declares its desire and determination to avoid war and to establish
peace in the region, so that Arab solidarity may be strengthened and all the
problems of the region may be solved on an equal footing, on the basis of uniform
principles and in accordance with the Iraqi initiative of 12 August 1990.
At the same time, Iraq stresses its right and its readiness to defend itself
against any foreign aggression, especially the one now being prepared by the United
States in co-ordination and consultation with the Israeli entity.
Finally, I think it is relevant to quote from a book entitled "International
Law In A Divided World" by a famous international jurist, Anton Gazaz. He states
that the most heinous crimes against international moral values and legal
principles fall into three categories: Nazi racist genocide, apartheid, and the
dropping of nuclear bombs on Nagasaki and Hiroshima.
I thank the representative of Iraq for the kind words he
addressed to me personally at the beginning of his statement.
The next speaker is the representative of Kuwait, on whom I now call.
Mr. ABULHASAN (Kuwait) (interpretation from Arabic): The representative
of the Iraqi regime spoke of the Security Council's duties under the Charter. He
spoke of international law. He said that the series of resolutions adopted by the
Security Council would lead to a dangerous slippery path whose first casualty will
be the United Nations and its principles.
The members of the Security Council must certainly have viewed the statement
of the Iraqi representative as an accusation against them. With all due respect, I
should like to say that it would be better if the States Members of the
Organization committed themselves to observing the principles of the Charter and
the rules of international law, rather than violating the letter and spirit of the
(Mr. Al-Anbari, Irag)
Charter. The Iraqi regime has violated each and every Article of the Charter when
it launched its aggression against Kuwait and occupied and annexed it by military
force.
The Iraqi regime has committed and is still committing crimes never committed
by any of the regimes he spoke of at the end of his statement - including the Nazi
and Israeli regimes.
It is those actions by the Iraqi regime which threaten international peace and
security. The practices in which it is engaged are a violation of all the
international Conventions, including the Fourth Geneva Convention and the Vienna
Convention on diplomatic immunities.
The Iraqi representative spoke at length of the peaceful settlement of
disputes. He seems to have forgotten, or to have ignored, the fact that we in
Kuwait were prepared to welcome the peaceful settlement of the differences between
Iraq and Kuwait through negotiations. Indeed, the first negotiations were held
only a few hours before Iraq's aggression and its occupation of Kuwait. And, of
course, there were previous talks and attempts over 12 years which were designed to
persuade the Iraqi regime to negotiate and solve its problems with us peacefully.
(Mr. Abulhasan, Kuwait)
However, Irag used our negotiations with it to procrastinate in order to
prepare for what it did on 2 August. Irag used those negotiations whNch were
intended to solve the problems in order to make preparations to commit aggression
against Kuwait and to mislead the whole world about its intentions. It is no
longer a secret that the President of Irag deceived the whole world - deceived Arab
and international leaders with his promises. How can such men keep their promises?
The representative of the Iraqi regime, who is a man of the law, should
re-read the statement he has just made. He should re-read it objectively.
However, I am sure that under the present circumstances, he could not be objective
or neutral. If he reads the statement objectively he will find that it works
against him because his regime worked against what he stated. His regime violated
the Charter by using force to settle disputes. It occupied and annexed by military
force a State member of the Arab League and the United Nations. It continues to
commit the most vicious practices against a brotherly people and tries to
obliterate its identity.
In another part of his statement, the representative of Iraq mentions Arab
initiatives. We are surprised at his belief that he could deceive the members of
the Security Council and the Member States of the United Nations as if they were
not able to understand the situation, or as if they were living in another world
and do not follow the news in the mass media, The League of Arab States met in
Cairo from the very beginning of the aggression and adopted a resolution condemning
it and calling on Irag to withdraw unconditionally and fully before the meetings of
the Security Council. The representative of Iraq forgot, or tried to forget, that
the Arab Summit met in an emergency session in Cairo and adopted resolution 195
which embodied the Arab view on how this dispute should be solved through the call
(Mr. Abulhasan, Kuwait}
of the Arab leaders - the highest authority in the Arab world - for the
unconditional and complete withdrawal of Irag and the return to Kuwait of its
legitimacy and full compensation for the losses it sustained.
However, Irag as a result of its aggression and its premeditated policies,
rejected that resolution as it did all the resolutions of the Security Council. It
rejected all Arab and international initiatives. At the same time, and in the same
wicked manner, it sought to circumvent the Arab resolutions by pushing some of its
allies - regrettably Arabs - who betrayed the faith and the promise and who
presented some ideas which have nothing to do with the resolutions of the Arab
Summit and the resolutions of the Security Council.
These initiatives have been doomed to failure. Even more, the Arab League
held a meeting on 10 September in Cairo and adopted resolution 195 which called on
Arab States to direct their initiatives through the Arab League and observe the
provisions of the resolution.
As for international initiatives, the latest example was the mission of Mr.
Primakov, the emissary of the Soviet President. The Security Council had deferred
voting on the draft resolution last Saturday in order to give him a chance to
convince the Iraqi leadership of its isolation and that the only solution, as well
as its only salvation, lay in the resolutions of the Security Council through
unconditional and complete withdrawal and the return of Kuwaiti legitimacy, thus
avoiding the consequent destruction in the region.
But, as expected, what the Iraqi regime wants is to mark time in order to try
to divide the alliance against it. Every day that passes is a time of suffering
for the Kuwaiti people which is being brutalized every day by the aggressive
invaders with killings and looting and even subjecting children to those horrors.
That takes place every day at a time when the so-called initiatives are being
explored.
(Mr. Abulhasan, Kuwait)
FMB/14 S/PV.2951 43-45
That is what the Iraqi regime wants. It wants to gain time. That is what it
wants when it meets an emissary or an envoy. But the Soviet emissary was very
objective when he left Iraq. He said that his meeting with the Iraqi leadership
was disappointing. The Iraqi regime does not want any solution other than the
solution that keeps the international community silent as regards its annexation of
Kuwait. That is what it wants. The Iraqi representative did not even mention
Kuwait by name in his statement because he bases himself on the fact that Kuwait
has been swallowed up. That is why he never dared to speak about the Kuwaiti
problem itself.
I should like to say to the representative of Iraq that you and your
Government are mistaken - there is international determination to stop your
aggression and Kuwait will be liberated and will re8urn to what it was - a source
of good for its people, and its neighbours. Kuwait will continue its economic
course and will expose how Iraq squandered its wealth in amassing weapons in order
to commit aggression against its neighbours at the expense of the daily bread of
the poor Iraqi people. The economic experience of Kuwait exposed the Iraqi
regime. That is why that regime tries to avoid the issue by committing aggression
against Kuwait. But the Security Council will stand firm and will adopt resolution
after resolution until it forces the Iraqi regime to comply and avoid destroying
the region.
(Mr. Abulhasan, Kuwait)
JP/dr S/PV.2951 46
I should like to inform the Council that Romania has
joined in sponsoring the draft resolution contained in document S/21911.
It is my understanding that the Security Council is ready to proceed to the
vote on the draft resolution before it. If I hear no objection, I shall take it
that that is the case.
There being no objection, it is so decided.
Before putting the draft resolution to the vote, I call on the representative
of Ethiopia, who wishes to make a statement before the voting.
Mr, TADESSE (Ethiopia): Ever since Iraq invaded and annexed Kuwait, it
has continued to pillage the country, terrorize its population and engage in a
systematic campaign of deportation, all actions aimed at obliterating a Member
State of the United Nations.
Not even third-country nationals have been spared mistreatment and violations
by Iraq. The principles and rules governing diplomatic immunity and the sanctity
of foreign missions have likewise been trampled upon.
Disregarding the successive resolutions adopted by the Council to effect
Iraq's unconditional and speedy withdrawal from Kuwait, Iraq has refused to comply
with the collective will of the international community.
All the efforts exerted so far, including the endeavours of the Council, the
Secretary-General and the Arab League, have been designed to end the crisis through
peaceful diplomatic and political means. To our great regret, to date there has
not been the slightest indication from Baghdad of any change of heart. Even the
Council's deferral of action on this agenda item last Saturday, prompted by our
desire, hoping against hope, to give peace a chance, has once again been frustrated
by Iraqi intransigence.
JP/dr S/PV.2951 47
In the light of this persistent defiance, the Council is left with little
choice other than once again to shoulder its responsibility and send a clear
message that its unity and resolve to end the Iraqi occupation of Kuwait are as
strong as ever. It goes without saying that Iraq will be held accountable and,
indeed, responsible for the lawlessness perpetrated by its occupation, with all its
attendant consequences.
We regard peace as a necessary prerequiste for sound and normalized
inter-State relations, By the same token, diplomatic efforts and political
settlements continue to be our preferred means for restoring peace in the Gulf
region. However, peace with occupation suggests perpetuation of the status guo
which unlawful Iraqi aggression has brought about. In our view, the best peaceful
avenue is for the Council to keep up the pressure on Iraq to withdraw from Kuwait
without further delay. This, indeed, has been the path the Council has been on
ever since it adopted resolution 660 (1990), Durable and genuine peace requires
that the Council's principled line of action be sustained until the end of
aggression and occupation. It demands the restoration of the sovereignty and
territorial integrity of Kuwait. It further demands compliance with the successive
Security Council resolutions, as well as full respect for the Charter of the United
Nations and the rules of international law.
It is with this perspective, and consistent with the principled positions
against aggression of the United Nations, the Non-Aligned Movement and the
Organization of African Unity, that the Ethopian delegation will vote for the draft
resolution before the Council.
As we near the end of your presidency of the Security Council, Sir, my
delegation would like to pay a tribute to you for the remarkable skill with which
(Mr, Tadesse, Ethiopia)
you have so ably succeeded in steering the Council on the course of unanimity and
consensus during what we all realize has been a difficult month.
I t)lank the representative of Ethiopia for the kind words
he addressed to me at the end of his statement,
I shall now put the draft resolution to the vote.
A vote was taken by show of hands.
In favour: Canada, China, Colombia, Cote d'Ivoire, Ethiopia, Finland,
France, Malaysia, Romania, Union of Soviet Socialist Republics,
United Kingdom of Great Britain and Northern Ireland, United
States of America, Zaire
Against: None
Abstaining: Cuba, Yemen
The result of the voting is as follows: 13 votes in
favour, none against and two abstentions. The draft resolution has been adopted as
resolution 674 (1990).
I now call on those members of the Council who wish to make statements
following the voting.
Mr. AL-ASHTAL (Yemen) (interpretation from Arabic): Since the beginning
of the crisis in the Gulf region, the Republic of Yemen has made continuous efforts
to contain the crisis by peaceful means within an Arab framework. On 26 September,
my delegation, together with others, submitted a draft resolution dealing with the
crisis with a view to achieving a peaceful settlement. Consideration of the draft
resolution was deferred more than once because of the negotiations going on at that
time. Today, after all our attempts, we find that the draft resolution has been
accepted in principle. It was included in draft resolution S/21911, on which the
Council has just agreed, as paragraph 12.
(Mr. Tadesse, Ethiopia)
JP/dr S/PV.2951 49-50
Here I should like to express our thanks to those with whom we negotiated in
order to reach the formulation submitted to the Council. However1 our delegation
believes that the resolution does not give the Secretary-General sufficient freedom
to undertake initiatives independently in order to reach the desired solution. We
also find that there are other constraints on States that could have made some
endeavours to reach such a solution.
The delegation of the Republic of Yemen will always discuss any formulations
eventually leading to the strengthening of peace and calling directly for a
peaceful solution.
(Mr. Al-Ashtal, Yemen)
JB/16 S/PV.2951 51
There are those who are frightened by those peaceful efforts and we know that
they oppose them. There are those who try to deepen divisions amongst the Arab
countries and to weaken the Arab nation in its struggle against zionism and its
striving to realize the inalienable national rights of the Palestinian people. It
is they who wish the embargo against Iraq to achieve its purposes within a few
weeks, even though such processes have proved that they affect Iraq on a daily
basis and that they will ultimately lead to Iraq's abiding by the provisions of the
resolution that calls for the withdrawal of its forces from Kuwait and the
restoration of the independence and full sovereignty of that country.
Those who are frightened by peaceful solutions are those who work to destroy
Iraq's military, economic and social capabilities in order to serve the purposes
and ambitions of Israel, to achieve full military hegemony over the region, and to
serve the expansionist policy of Israel, which aims ultimately at acquiring the oil
resources of the Arab countries.
There are those who wish to make the foreign military presence in the region
more than a mere passing phenomenon. They even wish to provide reasons and
incentives for those forces to remain in the Arab peninsula and the waters of the
Gulf. There are those who do not hold fast to their resources and leave them in
the hands of foreign interests, including arms traders and brokers.
It should be no surprise that the Republic of Yemen would take such a stand
vis-a-vis the peaceful efforts. We do not live in a different continent. We are
in close proximity to the conflict. In one way or another, we are at the heart of
the conflict. Though the crisis is in the northern part of the Arab peninsula, we
felt its effects in the south even before the situation worsens and becomes an
armed conflict. We in Yemen have been greatly affected by the implementation of
the Security Council resolution on the embargo. Yemen's losses to date amount to
$1.380 billion. We have been affected in other ways. The Council has seen in the
(Mr, Al-Ashtal. Yemen)
United States press that more than 1 million Yemeni nationals have left the
neighbouring countries, leaving behind the property and rights that they acquired
over decades of hard work.
We in our region find that peoples tend to suffer before Governments and
States. When Governments are at loggerheads, people suffer. In certain cases,
collective punishments are imposed. How can we justify the departure of more than
500,000 Yemenis from their homes within less than two months? Thirteen pregnant
women gave birth on their return to Yemen.
This sad crisis occurred at a very critical time for us. On 22 May of this
year, our best hopes were realized in the unification of Yemen. The two States of
Yemen, North and South, were merged into one, which was the greatest achievement in
the history of our people. The unification was achieved through peaceful and
democratic means, with not a drop of blood being shed, in full friendship and love,
and under a democratic constitution that includes all democratic concepts,
beginning with the separation of powers and ensuring all basic freedoms, including
freedom of expression. Today, in our country we have 30 independent newspapers, 22
independent political parties, and all the freedoms that are universally recognized.
There is no doubt that this is a new experience for us. In the conservative
political atmosphere of the region, it is not easy to accept a democratic regime.
We know that the Gulf crisis will increase those difficulties. The Yemeni people,
however, is determined to take an independent path and to hold on to its unity and
democratic principles, which we will strive to consolidate and to turn into reality
in today's Yemen.
If we in Yemen have achieved unity through peaceful means, we cannot in any
way accept that two Arab countries should settle their differences by military
means. We therefore reject the invasion and annexation of Kuwait, and from this
(Mr, Al-Ashtal, Yemen)
forum we call on Iraq to withdraw from Kuwait and to solve existing differences
between itself and Kuwait through peaceful means and within an Arab framework. We
in the Republic of Yemen will pursue our efforts to reach a peaceful solution, to
which there is no alternative.
Mr. ALARCON DE QUESADA (Cuba) (interpretation from Spanish): In recent
days, the members of the Security Council have been bogged down in discussions long
on substance and form. We have gone round in circles in an endless squabble
regarding preambles, operative parts, and their various possible combinations. We
have done much juggling with letters, numbers and asterisks, while at the same time
the Government of the United States announced the dispatch of another 100,000
soldiers to the region with which we are dealing. The leaders of the United States
Administration and Congress were openly discussing the manner in which the military
attack would begin; whether or not there would be a declaration of war; whether
authorization would be requested from the Senate or whether the Senate would merely
be consulted; and whether the Council would in some manner be used for that stated
purpose.
(Mr. Al-Ashtal, Yemen)
AE/ASW S/PV.2951 56
Some people may have been surprised that the Security Council should have been
absent from that external debate. They may have been surprised if they recalled
the terms of paragraph 4 of resolution 665 (1990), which this Council adopted two
months ago:
"Further requests the States concerned to co-ordinate their actions in
pursuit of the above paragraphs of this resolution using as appropriate the
mechanisms of the Military Staff Committee and after consultation with the
Secretary-General to submit reports to the Security Council and its Committee
established under resolution 661 (1990) to facilitate the monitoring of the
implementation of this resolution".
Anyone might have imagined that this very substantial increase in military
forces - which, it is claimed, is in keeping with the Council resolution I have
just cited - had anything to do with the monitoring of the implementation of that
resolution and that the Council's members - two months after the adoption of the
said resolution 665 (1990) and when we are witnessing ongoing discussions on
television as to how a war might begin, who would authorize it and how the decision
would be taken - might have received at least the first of the reports which they
had sought in the resolution, the entire Council, legally speaking, having decided
that such reports would be submitted since it was presumed that this body would
constantly monitor the implementation of the resolution.
No doubt, we should be grateful to the representative of the United States for
the courtesy and caution he has maintained to avoid diverting the attention of
members of the Council from the important metaphysical disquisitions that took up
so much of our time in recent days.
The outcome of those negotiations was the resolution the Council adopted a few
moments ago. In this connection, my delegation would like to make a few comments.
(Mr, Alarcon de Quesada, Cuba)
To begin with, it seems obvious that Kuwait has the right to claim
compensation for loss and damage caused as a result of the invasion and occupation
to its territory. This Council has already formulated, and repeated, its view as
to who is the aggressor and who is the victim. There was, therefore. no need for
another Council resolution to reaffirm the inherent rights of the victim of
aggression - in this case, Kuwait.
But that is not really the intention behind the resolution that has just been
adopted. In my delegation's view, the purpose is to delay a settlement of the
conflict in the region and to make the mission of the Secretary-General more
difficult. More than once today we have heard about the circumstances of last
Saturday and reference to the prudent decision of us all in deciding to wait a few
days before taking a vote on this text. One might wonder whether there is any
relationship between the vote on this resolution and some efforts involving good
offices or peace efforts. One might also wonder as to how the Council interprets
its own action in deciding today to adopt a resolution that, among other things,
requests the Secretary-General to undertake similar efforts.
In our opinion, this text, in addition, seeks to give the Security Council
certain tasks that do not fall within its purview and at the same time to prevent
the Council from discharging certain obligations that it does have. First and
foremost, it should be pointed out that Chapter VII of the Charter, under which the
resolution is adopted, does not give the Security Council any authority whatsoever
with respect to legal issues or issues that should be determined by courts of law.
Neither that Chapter nor any other Chapter of the Charter grants such functions to
the Security Council.
(Mr. Alarcon de Quesada, Cuba)
AE/ASW S/PV. 2951 58
The Security Council, under the Charter, does not have poPer to make decisions
as to liability or to determine compensation or restitution, such as a court might
do. The only references in the Charter to such matters appear in Article 92, which
quite clearly defines the International Court of Justice as the principal judicial
organ of the United Nations. The only reference in the entire Charter to the issue
of compensation or restitution is to be found in Article 36 of the Statute of the
International Court of Justice. In this regard, I hope that we all remember that
the Statute of the International Court of Justice is an integral part of the
Charter of the United Nations, lest there be any doubt as to the competence and
functions of the various organs created by the Charter. The Charter does not
confer upon the Council any authority to decide upon or to discuss the functions
and powers of the respective organs. These are powers of the General Assembly, as
is clearly stated in Article 10 of the San Francisco Charter, which, dealing with
the powers of the General Assembly, says that the Assembly may discuss questions
"relating to the powers and functions of any organs provided for in the
present Charter".
One should also ask oneself what specific powers the Council is giving itself
under the terms of operative paragraph 2 of the resolution with regard to the
collating of substantial information following alleged grave breaches by Iraq, as
per its paragraph 1, and the calls on States to provide that information.
What will the Council do with that information? What powers has it taken upon
itself? Are we turning ourselves into a court of law, despite the fact that the
Charter tells us that we do not have such responsibilities?
There are references to international law in paragraphs 8 and 9 of this
resolution - and that is contradictory, since, as we understand it, the Charter and
(Mr. Alarcon de Quesada, Cuba)
the Statute of the Court are part of international law. One might infer from these
paragraphs that. the Security Council, too, has some powers to make decisions as to
liability and responsibility with regard to compensation and restitution
"as a result of the invasion and illegal occupation of Kuwait by Iraq".
(Mr. Alarcon de Quesada, Cuba)
NR/sk S/PV.2951 61
The "result of the invasion and illegal occupation of Kuwait" is a concept
which might have many interpretations. Does it perhaps mean that one would say
that that responsibility belongs to Iraq and that Iraq would have to shoulder the
cost of the military deployment by some Powers in the Gulf region? Does it mean
that it is for Iraq exclusively to shoulder the responsiblity for damages related
to the crisis or to the decisions adopted by the Council to deal with the crisis
which affect third States? According to this wording, it could perhaps be so
interpreted. Does it then mean that the Security Council will not shoulder its
responsibilities under Article 50 of the Charter?
Might it be the reason why in the first preambular paragraph of this text in
which a number of resolutions are recalled starting with resolution 660 (1990), all
of which refer to this conflict, mention is not made of resolution 669 (1990), the
only resolution adopted so far by the Council on the issue of the fulfilment of its
responsibilities under Article 50 of the Charter? Is this one way of saying that
we shall in a formal manner enshrine the inertia and insensitivity of this Council
towards the many requests for assistance submitted to the Council by a large number
of States Members of the United Nations, to help deal with the adverse impact upon
them deriving from the implementation of resolution 661 (1990)? If that is so, we
believe that the Council not only is trying to take upon itself powers it does not
have but is also indirectly avoiding fulfilment of responsibilities that it does
have and should not fail to comply with.
Operative paragraph 12 of this resolution, which is contained in part B,
refers to the Secretary-General of the United Nations. This text is very different
from paragraph 7 - something that is quite striking. In paragraph 7, in which
reference is made to the safety and well-being of third State nationals in Iraq and
Kuwait, the Council does not hesitate to refer to "the continued exercise of his
(Mr. Alarcon de Quesada, Cuba)
good offices" - referring to the Secretary-General, When it comes to this very
important but limited aspect of the issue, we seem to be willing to speak of the
continued exercise of the good offices of the Secretary-General, but when we move
on to the consideration of a possible peaceful settlement of the crisis and when we
try to deal with the key issue, the more substantive issue, we seem to be using
language that seems to be strange, to say the least. First we say "Reposes its
trust in the Secretary-General", Clearly all of us have reposed our trust in him -
when we elected him, when we re-elected him and throughout his term of office as he
discharged his responsibilities - but not now, when he should exercise his good
offices, but rather simply for him to make that offer. This seems to indicate the
reluctance of this Council to support and promote efforts the Secretary-General
himself has been making, something he was doing in fact even before the Council
explicitly asked him to do so.
In the past few months, however, the idea seemed to be to have this Council
support very clearly and without any hesitation the possibility of diplomatic peace
efforts which we are convinced the Secretary-General can carry out. It is curious
that we have had to confront such difficulties, when we think of another Security
Council resolution that is mentioned here in the preambular paragraph in question:
resolution 670 (1990). In one of the preambular paragraphs of resolution
670 (1990) we find the following:
"Welcoming the Secretary-General's use of his good offices to advance a
peaceful solution based on the relevant Security Council resolutions and
noting with appreciation his continuing efforts to this end,"
After such a great effort looking at operative paragraph 12 of today's resolution,
we wonder whether the Security Council welcomed with satisfaction or appreciation
the efforts of the Secretary-General in this crisis. Did we really express our
(Mr. Alarcon de Quesada, Cuba)
NR/sk S/PV.2951 63-65
gratitude for these continuing efforts barely a month ago, on 25 September? My
delegation would like to say that it has full confidence in the Secretary-General,
not only because of his sensitivity and awareness as a distinguished diplomat, a
worthy citizen of this world, a man of responsibility who has already done and, we
are certain, is ready to continue to do everything he can to ensure that peace may
prevail and that we may achieve the implementation of the resolutions of this
Council in a peaceful manner. We regret the fact that the Security Council has not
been in a position to express more clearly and less hesitantly this kind of
gratitude and support. Yet we continue to place our trust in him, in his ability
and will, for among other things he has to deal not only with the great
complexities of the issues we are discussing but also with the peculiar manner in
which this organ has been dealing with these issues.
In our view, despite the fact that this resolution contains, although in a
limited manner, that positive ingredient regarding the efforts of the
Secretary-General, the text by and large is one more step towards war. In this
specific case, in fact, there might even be attempts to manipulate peace efforts,
as have in fact occurred in the long period of negotiations between what were
originally two separate texts. It is also a step along a course, which we believe
to be unacceptable, whereby this body is given functions that it should not have
and that it has no right whatsoever to take upon itself, although at a given time
in history temporary majorities may make it possible to gather the necessary votes
to reinterpret the Charter and to have this Council take upon itself
responsibilities not given to it by the Charter.
(Mr. Alarcon de Quesada, Cuba)
BHS/dl S/PV.2951 66
In addition, we believe that from a political and moral standpoint the
Security Council - in particular some of the co-sponsors of this text - is not in
the best of positions to deal with such issues as those dealt with in
resolution 674 (1990). At one time in the past ports in Nicaragua were mined and a
dirty war was launched against that country. Some States Members of the
Organization went to the highest court of the United Nations, our court, the
International Court of Justice, and that court attributed liability and took
decisions which were never respected by the main proponent of this resolution.
For 23 years the Palestinian territories have been occupied by a foreign
Power. Very soon, we hope, we shall once again be considering a report on the
situation prevailing in that occupied country to see what we can do to protect the
lives of its inhabitants. I wonder whether at that time someone will recall the
need for us to turn ourselves into a court, or will we once again adopt the
traditional phlegmatic attitude of the Council when it comes to dealing with the
occupation of Palestine. Does this mean that an occupation, with its tragic
consequences for the victim people, ceases to be a violation of the law because it
has continued for 23 years? Is the violation of international law permissible and
is inaction with respect to its tragic effects upon the victim people of that
aggression normal simply because the aggressor has been able to out-manoeuvre the
international community for 23 years?
We do not yet know how many died as a consequence of the United States
invasion of Panama or the consequences of that aggression for many citizens of that
country in the past and even in the present. Can we be confident that at some time
this Council will state its views in respect of that dreadful military attack or
concern itself with the consequences past and present of that event for the
population of that country?
(Mr. Alarcon de Quesada, Cuba)
We have heard statements - and we believe them to be legitimate - regarding
the concern which everyone should feel about the violations which an occupier might
be committing against the Kuwaiti population: the violations of their individual
rights, their human rights, their rights over their property, their right to live
in peace and tranquillity in their own country. It seems to us that this concern
is legitimate. But it is and must be legitimate in all cases in which there is
violation of human rights and aggression against peoples.
Many thousands of Angolan children are suffering the irreparable consequences
of the anti-personnel mines laid in that country by armed bands financed, organized
and equipped by the United States. It is not difficult to find information on this
subject, if the Security Council wishes to collect it; it exists and is well
known. The figures are shocking - just as shocking as would be the terrible
consequences for future generations of that people of a war imposed upon them from
outside with the support and encouragement of a major Power, a permanent member of
of the Council.
The references would be endless if we were to cite all the examples of the
inconsistency of this Council, a body which - with the tendency to repeat certain
adjectives - is frequently called an "august" body. This term seems to us to be
appropriate for the Council because more than once we have noted a certain
imperious air in the manner in which some try to use and handle this body. The
Council quite rightly repudiates the aggression against Kuwait and demands the
immediate and unconditional withdrawal of the troops occupying that country. It
proclaims its support for the independence, sovereignty and territorial integrity
of Kuwait, and has spoken out, quite rightly, against the attempts to annex that
country and against certain unlawful acts committed by Iraq against diplomatic
missions and foreigners residing in Kuwait and Iraq. However, we believe that the
(Mr. Alarcon de Quesada, Cuba)
Council cannot and must not, while adhering to that just position with regard to
those principles, act as though we can accept the imposition of criteria and
strategies devised solely for the benefit of certain major Powers. To the extent
that we do that, we move further and further away from our fundamental duty, which
is to preserve peace, and that can take us closer, inadvertently and without even
realizing it, without anyone telling us and despite all the resolutions of this
body, to a war which we should not allow, much less foster, and which it is our
duty to work hard to avoid.
Mr. RAZALI (Malaysia): The action of the Council in the course of last
week and today in "marrying" two draft resolutions into one and adopting the
resolution without having to have two votes underlines the recognition of the dual
responsibility of the Council. It is only logical that the enforcement actions by
the Council under Chapter VII of the Charter in the form of nine resolutions so far
must be accompanied by a diplomatic effort to secure compliance with its
resolutions and achieve a solution by peaceful means. That both are intertwined in
one document means that one cannot be excluded from the other.
This is a significant development. Our Council, as the custodian of
international peace and security, does not discharge that responsibility by a
single-track commitment to a course of action, but always by never closing the door
to diplomatic efforts and initiatives. Ours is not a Council in preparation for
escalation, though our determination not to compromise on principles remains
irreversible and should never be underestimated.
Malaysia and three other non-aligned members of the Council - Colombia, Cuba
and Yemen - initiated the idea of the Council's involvement on a diplomatic front,
as we believe that this is needed if the Council is to entrust the
(Mr. Alarcon de Quesada, Cuba)
Secretary-General with using his good offices and undertaking diplomatic efforts to
secure a peaceful settlement of the crisis on the basis of the relevant Security
Council resolutions.
(Mr. Razali, Malaysia)
This is reflected in paragraph 12 of this resolution, though some of us would
have wished for a more specific and clearer reference. In Malaysia's view the
Council should allow adequate room for the Secretary-General to examine all factors
that can contribute towards these efforts.
The Council has enormous faith in the ability of the Secretary-General, and
would want him to succeed in his undertaking. Considerable time was taken to
formulate paragraph 12, the thrust of our initiative on the role of the
Secretary-General. We believe the Council should not be so circumspect about the
usefulness and indeed the necessity of using the good offices of the
Secretary-General, especially when such role is outlined in Articles 98, 99 and 1.00
of the Charter.
We believe that the peaceful course of action taken so far by the Council to
seek the immediate and unconditional withdrawal of Iraqi forces and the restoration
of Kuwaiti independence and sovereignty and reinistatement of its legitimate
Government must be allowed time to have its effects. The economic sanctions are
having their impact, and international support for this has been firm and effective.
Malaysia recognizes the necessity of all previous Council resolutions on this
question being implemented fully and complied with by Iraq. But while the Council
should keep up the pressure, it must also take into account the need for continuing
diplomatic efforts, including those of the Secretary-General, to find a peaceful
solution. The diplomatic efforts of countries in the region and others including
the Soviet Union should continue. Each important step builds upon earlier efforts,
and no untimely negative conclusion should be made.
Resolution 674 (1990), which has been the subject of long and careful
negotiations incorporating the ideas and positions of the original two groups of
sponsors, and later supported by other delegations, in our view serves to preserve
what the Council has to pronounce at this point in time. Let there be no mistake
(Mr. Razali, Malaysia)
or misunderstanding: all of us should be working for and towards peace. Malaysia
believes that the Council must discharge its responsibility correctly to this end.
The resolution is a coherent message that the Council stands firm and united
in upholding the principles of the Charter and international law. The Council's
ability and determination to undertake further enforcement measures should not be
doubted, neither should there be any opaqueness as to the Council's serious concern
over Iraqi actions related to paragraph l of the resolution. Paragraph 8 of the
resolution makes clear to Iraq that under international law it is liable for any
loss, damage and injury in regard to the interests of Kuwait and third States, and
of their nationals and corporations.
It is in Iraq's best interests to co-operate with the existing diplomatic
efforts and that to be undertaken by the Secretary-General, The onus is on Iraq to
send the right signals back to the international community. There should be no
other option.
Mr. ANET (Cote d'Ivoire) (interpretation from French): Mr. President, at
the outset I should like to congratulate you on the highly commendable work you
have done in order to arrive at a broad consensus text. It is to your credit that
you have succeeded in reconciling ideas that at the beginning seemed
irreconcilable.
In my delegation's view it was essential that we should reaffirm the principle
of the need for the immediate and unconditional withdrawal of Iraq before
commencing any negotiations with the Baghdad authorities. Had we neglected that
aspect, we would in our opinion have been sending an ambiguous message to the Iraqi
aggressor.
The very broad consensus text we have adopted is welcomed by my delegation as
a member of the non-aligned movement because it reaffirms the principles of
Kuwait's sovereignty, independence and territorial integrity, while remaining
(Mr. Razali, Malaysia)
within the framework,of the efforts of the Security Council to restore the rights
of that Member State.
Having always §triven to aNhieve consensus, my delegation can only express its
gratification at seeOng the spirit of reconciliation prevail over last-minute
attempts at division •. We congratulate all the sponsors on their willingness to
maintain a united fPon.t on the Gulf crisis by accepting this text, which contains
something for each of those that voted in favour of it.
My Qelegation voted in favour of this resolution, which once again illustrates
the cohesivRness anq Snity of the members of the Council in pursuit of a clear and
unambiguous objective: the unconditional and immediate withdrawal of Iraq and the
restoration of the rights of Kuwait and the dignity of Kuwaitis.
Mr. BLANC (France) (interpretation from French): France welcomes the
resolution we have just adopted, of which it was a sponsor.
Since Iraq continues to refuse to implement the Council's resolutions, it was
essential for us to adopt a new text to induce that country's authorities to
respect the rule of law and abide by the decisions of the international community.
In this text the Council has sought to meet a certain number of specific
concerns. First, it is not possible to remain insensitive to the numerous grave
violations of humanitarian law, in particular the Geneva Conventions, which have
accompanied the occupation of Kuwait and primarily been inflicted on inhabitants of
that country.
We should also not forget that Iraq continues to hold hostage thousands of
foreign nationals, and that tens of thousands of others are stranded in both Iraq
and Kuwait in extremely precarious and even inhumane conditions.
As for the situation, which is contrary to the rules of international law,
inflicted on diplomatic and consular missions, it is very well known to everyone,
(Mr. Anet, Cote d'Ivoire)
as is the systematic destruction and plunder carried out by the occupying forces to
erase the national identity of Kuwait.
Lastly1 we must take into account the rightful claims of States1 their
nationals and corporations, in respect of loss, damage and other consequences
suffered by them because of Iraq's illegal invasion and occupation of Kuwait.
At the same time we must unrelentingly press ahead with our quest for a
peaceful solution to the crisis. That is why France shares the legitimate concern
of those who have wished to emphasize the need to encourage the Secretary-General
to use his good offices1 on the basis of the Council's resolutions, in a manner and
at a time he deems appropriate.
(Mr. Blanc, France)
Mr, LI Daoyu (China) (interpretation from Chinese): I wish to express
appreciation to you, Mr. President, for the excellent efforts you exerted during
the negotiation of the present text.
Today the Security Council has once again adopted a resolution on the
situation between Iraq and Kuwait. This resolution and other relevant resolutions
reflect the determination of the international community to safeguard the purposes
and principles of the Charter of the United Nations and to maintain world peace and
security, and they constitute a good foundation for the settlement of the Gulf
crisis. Iraq should attune itself to the just voice of the international community
and earnestly implement this resolution and a series of relevant resolutions
previously adopted, so as to restore peace and stability in the Gulf region.
Here, I should like to reiterate once again the principled position of the
Chinese Government on the Gulf crisis: the Iraqi troops should withdraw from
Kuwait immediately, unconditionally and completely; the sovereignty, independence
and territorial integrity of Kuwait and its legitimate Government should be
restored; the safety, freedom of movement and basic food and living requirements of
all the foreign nationals in Iraq and Kuwait, including foreign diplomatic and
consular mission personnel, should be ensured.
The Chinese Government always stands for the settlement of international
conflicts through peaceful means. On the question of the Gulf crisis, the Chinese
Government holds that efforts should be made to achieve a peaceful settlement on
the basis of the implementation of the relevant Security Council resolutions, and
opposes the use of force. Proceeding from the aforementioned position, we support
the Secretary-General in continuing his mediation and good offices, and the Arab
and Gulf countries as well as other parties in their endeavours to seek a peaceful
FMB/6 S/PV,2951 77
solution. We highly appreciate the inclusion of contents to that effect in the
resolution that has just been adopted. This has given expression to the universal
wishes and demands of peoples of the world. China will continue to work with other
members of the Security Council as well as the international community and to make
its contribution for an early and peaceful settlement of the Gulf crisis.
I thank the representative of China for his kind words to
me.
Mrs. CASTANO (Colombia) (interpretation from Spanish): At the Security
Council meeting on 25 September last attended by the Foreign Ministers of almost
all the States members of the Council, the Foreign Minister of the Republic of
Colombia said the following:
" ... The horrors of war, with its wake of suffering and destruction,
cannot find justification in our times. The world still clearly remembers the
horrible military experiences of the last 50 years: the wounds have not yet
healed and the results were not worth so much pain and devastation.
"We wish, above all, to appeal for peace and reflection, We wish to
insist on the urgent need to exhaust all the recourses to dialogue and to
explore all the possible avenues of diplomacy and understanding, convinced as
we are that any military confrontation would be a tragedy which we would
regret for the rest of our lives,
"On behalf of the people and Government of Colombia, I make an urgent
appeal to all leaders and rulers who hold in their hands the crucial decisions
at this moment. We cannot resign ourselves to thinking that the only solution
to the problems of the Persian Gulf can be found in a war in which innocent
lives would be sacrificed and wounds would be opened which would take years to
heal.
(Mr, Li Daoyu, China)
"We think the time has come to ensure that all the roads to dialogue and
diplomatic mediation are kept open. The intransigence of any of the parties
is a real obstacle to the guest for a solution, and such intransigence will be
held responsible for the tragedy.
"In resolution 660 (1990) the Security Council recommended the
intervention of Arab countries to assist in the solution of the crisis. I
believe we should encourage by all possible means an Arab solution to the
conflict between Iraq and Kuwait. As Latin Americans, we know from our
experience that regional participation in the solution of problems frequently
offers more possibilities for success than the intervention of extra-regional
Powers. The Central American process of recent years is clear proof of this
assertion.
"Today, as we did on 2 August in connection with another resolution, we
voted in favour of resolution 670 (1990), which further develops
resolution 661 (1990) on an embargo against Iraq. We would have wished that,
together with this resolution that we have just adopted, there would be
another one calling on all parties, and in particular on the countries of the
region, to undertake maximum efforts for peace, tolerance and harmony and to
refrain from any acts which might contribute to making it more difficult to
find formulas for a peaceful settlement. We hope that a draft resolution
along those lines can be submitted to the Council with our co-sponsorship in
the next few days." (S/PV.2943, pp, 56 and 57)
The very next day we submitted a draft resolution, along with Cuba, Malaysia
and Yemen, developing the remarks made by our Foreign Minister the day before. But
the truth is that the very next day, too, all kinds of pressure began to be
exercised to induce us to forget about our text. The sole argument used was that
(Mrs. Castano, Colombia)
BCT/ras S/PV.2951 79
this text would send the wrong message to Saddam Hussein. No explanation was given
for that argument.
No one could possibly misinterpret a request to the Secretary-General to use
all the avenues of dialogue and diplomacy to obtain Mr. Hussein's compliance with
Security Council resolutions. What is more, we were given to understand that our
draft did not have the approval of the Secretary-General. That did not prove to be
the case. The Secretary-General must be, and clearly is, prepared at all times to
use all political and diplomatic means in order to avoid war.
Almost a month passed, and, although it had not been possible for our draft to
be considered by the Security Council, another draft appeared, which enjoyed the
acceptance of the five permanent members, on the issue of compensation by Iraq for
damages caused to Kuwait. This draft incorporated - actually, the better word
would be "absorbed" - some of the elements in our draft.
Last week, in order to arrive at the final text of what is now resolution
674 (1990), intensive consultations took place that left us hurt and frustrated and
wondering about the way the Security Council operates. My delegation is not making
any judgement about these procedures. We ask everyone here to do so, from the
depths of his soul, keeping in mind the future of the United Nations and of the
world - which is all that really matters.
My delegation voted in favour of resolution 674 (1990) because we wished once
again to protest vociferously against the violation of the principles of
international law and of the Charter of the United Nations, and against the brutal
use of force to settle disputes between States. Moreover, we can never accept the
violation of the most elementary human rights, as Iraq has done in Kuwait. For all
those reasons, we once again resolutely condemn Iraq's actions.
(Mrs. Castano, Colombia)
BCT/ras S/PV.2951 80
We should have preferred paragraph 12 of the resolution to be adopted with the
broad terms originally used in our draft. We believe that this would have sent a
better message.
(Mrs. Castano, Colombia)
EMS/22 S/PV.2951 81
Mr. MUNTEANU (Romania): The delegation of Romania would like to express
to you, Sir, our gratitude for your efforts and dedication with respect to
obtaining agreement by the Council on the item under consideration and on
resolution 674 (1990), of which Romania was a sponsor. It is indeed meaningful to
us that members of the Council decided to strengthen their support for the accepted
principles of the United Nations Charter and acted to suppress, by appropriate
means of further enforcement measures, an act of aggression and a breach of world
peace.
As all members of the Council are aware, my delegation has always acted to
preserve the stand of the Council, which has demonstrated its legal, political and
practical value on so many occasions, and especially in the preparation and
adoption of resolutions on the situation between Iraq and Kuwait. Our position is
inspired by the consistent view of Romania that the United Nations in general and
the Security Council in particular should prove, whenever necessary, their
determination to defend the basic principles of justice and international law.
In our bilateral informal consultations, we expressed a clear preference for a
unified text because we are dealing with a single, broad issue, namely the
implementation of earlier Security Council resolutions on the item concerning the
situation between Iraq and Kuwait. We should like to express astonishment that
agreements and commitments broke down, with doubtful explanations. This is a
matter pertaining to principle, to respect for the Charter of the United Nations
and to the condemnation of an unacceptable act of aggression, and not to any
ideology or regional politics.
I should like also to point out that document S/21911, which contains the
draft resolution just adopted as resolution 674 (1990), is in harmony with previous
resolutions of the Council on the item under consideration. My delegation has in
mind in particular the emphasis on the urgent need for the immediate and
FMB/6 S/PV.2951 82
unconditional withdrawal of all Iraqi forces from Kuwait and for the restoration of
Kuwait's sovereignty, independence and territorial integrity.
Our vote on and sponsorship of resolution 674 (1990) is another reflection of
the position of my country, as expressed by our favourable votes on all previous
resolutions on the item "The situation between Iraq and Kuwait". That position is
consistent with the substantive stand of Romania, which I have had the honour to
present before the Council since 2 August 1990, and which is reflected in the
relevant verbatim records of the Council.
Before concluding, I should like to emphasize in particular the value of
paragraph 12 of resolution 674 (1990). There is no doubt that the
Secretary-General should be encouraged to pursue his good offices and diplomatic
efforts in order to reach a peaceful solution to the Gulf crisis. My delegation
fully supports paragraph 12 and wishes the Secretary-General every success in his
endeavours on this complex matter.
Vote:
674 (1990)
Consensus
I thank the representative of Romania for the kind words
he addressed to me.
Mr. BAGBENI ADEITO NZENGEYA (Zaire) (interpretation from French): My
delegation welcomes the Council's adoption of resolution 674 (1990), the central
point of which is to define the responsibility of the Iraqi authorities and
occupation forces vis-a-vis oppressed and mistreated Kuwaitis, third-State
nationals taken hostage and diplomats whose diplomatic immunities have not been
respected, which violates Security Council decisions, the Charter, the Fourth
Geneva Convention and the Vienna Conventions on diplomatic and consular relations.
It is in the light of the gravity of Iraq's offences that the Council has
demanded that Iraq end them, and make reparations in conformity with the provisions
of international law for damages and losses and for all the harm done to Kuwait and
(Mr. Munteanu, Romania)
FMB/6 S/PV,2951 83
to third States, their nationals and corporations as a result of Iraq's invasion
and illegal and continued occupation of Kuwait.
As a non-aligned country, Zaire is firmly committed to the principle of
respect for the territorial integrity and independence of every State Member of the
United Nations, irrespective of its size and population, in conformity with
Article 2, paragraph 4, of the Charter, which calls upon all States to refrain in
their international relations from the threat or use of force against the
territorial integrity or political independence of any State, or in any other
manner inconsistent with the purposes of the United Nations,
By inviting all States to contribute to a peaceful settlement of the crisis
and by renewing its trust in the Secretary-General, Mr. Javier Perez de Cuellar, to
make available his good offices as appropriate to reach a solution of the crisis on
the basis of resolutions 660 (1990), 662 (1990) and 664 (1990), today's resolution
constitutes a coherent, comprehensive and appropriate move in the light of Iraq's
continued occupation of Kuwait and all its deplorable consequences,
It was in that context that my delegation joined other Council members in
formulating and sponsoring resolution 674 (1990).
My delegation would have been unable to support a draft resolution having only
diplomatic activity as its thrust, because such a step would have appeared isolated
and unable to respond to any sign or act of good faith by Iraq, which continues to
occupy Kuwait and to consider it as its nineteenth province. The present text,
however, may be viewed in the context of multifaceted action by the Council; it
takes into consideration all the factors, all the elements and all the implications
of the invasion of Kuwait. In that way, the draft resolution adopted today is a
complete text, which combines two draft texts and which supplements the arsenal of
all provisions to be adopted in the context of preventive and enforcement action in
conformity with Article 2, paragraph 5, of the Charter.
(Mr. Bagbeni Adeito Nzengeya, Zaire)
EMS/22 S/PV.2951 84-85
The Council's action is a thorough one. It highlights the pressing need for
the immediate unconditional withdrawal of all Iraqi forces from Kuwait with a view
to re-establishing the sovereignty, independence and territorial integrity of
Kuwait and the authority of the Kuwaiti Government.
If necessary, the Council will remain seized of this question until Kuwait has
recovered its independence and until lasting peace has been restored in a region
already plagued by other conflicts.
In spite of the equivocation and stubbornness that have characterized Iraq's
response to the many peace initiatives taken by States that cherish peace and
justice - initiatives reflecting their determination to settle this crisis
peacefully - my delegation hopes that this appeal to peace will be heeded by Iraq.
The most recent goodwill mission carried out last weekend by Soviet President
Gorbachev's special envoy, Mr. Primakov, was the most eloquent proof of this. Such
determined belligerence by Iraq can only make it eventually suffer the consequences
of its actions - or reap the fruits of the seeds it has sown.
Mr. President, it is only fair to say that your personal performance and your
cool demeanour during October will make a mark on the history of the Security
Council's work.
I thank the representative of Zaire for the kind words he
addressed to me.
(Mr. Bagbeni Adeito Nzengeya, Zaire)
Mr. TORNUDD (Finland): The resolution just adopted stresses once again
that the way out of the crisis is complete withdrawal from the occupied territory
of Kuwait in accordance with the resolutions adopted earlier by the Security
Council. So much has happened since the beginning of the occupation that more and
more problems caused by the occupation and by the behaviour of the occupation_
forces have come to the attention of the international community. It is important
in our view that the Security Council has now begun to address some of those
problems.
In the resolution, we have once more drawn attention to the rules of
international law which have been flagrantly violated by Iraq in the invasion and
occupation. Some of the rules, in particular those contained in the Fourth Geneva
Convention, are intended to provide special protection for civilians living under
the occupation. We wish to express our full solidarity with all those who are
compelled to endure the conditions imposed by the military occupation regime,
whether they be Kuwaiti citizens or nationals of other countries. Their plight
must not be forgotten. Their losses and suffering have to be redressed in due
course in accordance with international law, and the resolution reaffirms the
liability of Iraq in that respect. We remind the Iraqi authorities that massive
disregard for human rights inevitably leaves a bitter legacy. That is not the kind
of legacy on which relations between States can be built in the future.
We also demand that the Iraqi authorities allow the immediate departure from
occupied Kuwait and from Iraq of third State nationals, among them my countrymen.
In the resolution, the Security Council once again points out that the
Secretary-General is available and ready to seek a peaceful way out of the present
tense situation. At the same time it is obvious that results can be achieved only
if Iraq is ready to comply fully with the respective resolutions of the Council.
Mr. FORTIER (Canada): Once again, the Security Council - our Council
has expressed, by its adoption of this important resolution by an overwhelming
majority, the clear and unequivocal voice of the international community.
The resolution does several things in what we believe is an equitable manner.
It expresses our profound alarm at the serious threat to international peace and
security caused by Iraq's continuing refusal to withdraw completely and without
conditions from Kuwait. The resolution lays particular stress on the dire plight
of the third country nationals being held hostage by the Government of Iraq and the
mistreatment of those nationals as well as the mistreatment of Kuwaiti citizens.
In this respect the resolution reaffirms the applicability of the Fourth Geneva
Convention to Kuwait and reminds the Government.of Iraq that, as a High Contracting
Party to the Convention, it is bound fully to comply with it and is liable at
international law for grave breaches committed by it, as are individuals who commit
or order the commission of such breaches.
Canada hopes that this time at last the Government of Iraq will respond
urgently to the plight of those detained in Iraq and Kuwait against their will by
permitting their immediate departure, by providing access to food, water and basic
services to Kuwait citizens as well as to the nationals of third States in both
Iraq and Kuwait, and by permitting the full functioning of diplomatic and consular
missions.
(spoke in French)
The resolution we have adopted this afternoon also expresses the Council's
confidence in the Secretary-General's ability to make the best possible use of his
good offices in order to achieve a peaceful settlement of the crisis because, let
us not forget, a peaceful settlement of this crisis remains the primary goal of the
Council. In the resolution States are also asked to pursue their own efforts in
this quest. We all hope that a peaceful solution will be found. It must be based
on the implementation of Security Council resolutions - in particular, resolutions
660 (1990), 662 (1990) and 664 (1990) - which clearly define the framework which is
needed for that solution, a framework which has received full endorsement by the
international community.
(continued in English)
To underline further our united commitment that Iraq must comply with the
resolutions of this body, the resolution we have just adopted reminds Iraq of its
liability for losses, for damage or injury and invites States to collect
information with respect to any claims which may be made in accordance with
international law. This process is already under way in my capital,
The resolution marks a further step by the Council. Once again we signal thaX
should Iraq continue blatantly to ignore the will of the international community,
as expressed by the Council, further measures under the Charter will be required
and we will not shy away from considering such measures. The Government of Iraq
must be left in no doubt as to the will and commitment of the Security Council in
this respect.
Mr. PICKERING (United States of America): The long, distorted, diffuse
and somewhat bizarre statement of the representative of Iraq has already been well
answered here in the Council, To listen to the invader of Kuwait attempt to
lecture the Council on the meaning of the Charter was astounding but certainly not
very persuasive.
Despite the characterizations we have heard from Iraq and Cuba, the policy of
the United States and its objective of seeking peaceful implementation of Security
Council resolutions has been made clear on numerous occasions at the highest levels
of our Government - indeed by the President within the last day. His statement
speaks clearly for itself.
(Mr, Fortier, Canada)
The Council's resolutions on Iraq are clear. Since 2 August, the
international community has acted in unison to condemn Iraq's unprovoked aggressio=
against Kuwait, and has worked to take appropriate and measured steps to implement
its resolution calling for immediate and unconditional withdrawal. Concerted
action under Article 41 is already having an effect, signalling to Baghdad the
international resolve that aggression upon a sovereign State Member of the United
Nations must not be rewarded. Should Iraq continue to try to ignore and deny the
international community, we believe that the Council will have to take further
measures as prefigured in the resolution. The United States will actively support
such efforts.
Iraq's continued unacceptable breach of international norms requires the
international community to speak out yet again. It is speaking out today clearly
against Iraq's efforts to destroy the sovereign State of Kuwait through organized
looting, destruction, and even murder. By its systematic terrorizing of local and
foreign innocent citizens, Baghdad has defied the world community, this Council and
widely accepted standards of international conduct.
(Mr. Pickering, United States)
The Council further demands that Iraq honour its obligations under the Vienna
Convention towards diplomatic and consular personnel and missions and ensure
immediate access to supplies of food, water and basic services for those missions;
that it allow those missions to exercise their functions for the protection of
foreign nationals, assure the immunities of their premises and personnel and allow
the departure of all diplomatic and consular personnel who wish to leave. The
fundamental principles of international conduct among States are being challenged
by Baghdad's deplorable and illegal conduct, and we reject that conduct.
The resolution also makes clear that Iraq is liable for full restitution or
compensation for the losses and damages it has caused by its illegal invasion and
occupation of Kuwait. We anticipate that the Council will address this question
more fully in the days ahead. Baghdad must hear from us clearly: unprovoked
aggression entails crippling costs, and Iraq must not be allowed to profit from its
unacceptable disregard of the sovereignty and territorial integrity of another
State.
It is the solemn duty of every State to protect its citizens. My Government
takes this responsibility most seriously. We join the other members of this body
in demonstrating solidarity and resolve to condemn Iraqi violations of the rights
of Kuwaitis and third-State nationals present in Kuwait and Iraq. The continued
denial of food, water and basic services, the refusal to permit the departure of
any and all who seek to depart, the imposition of virtual siege and terror - these
are unacceptable. By today's action the Council demands that Iraq cease its
deliberate mistreatment of innocent citizens, I want to leave no doubt on this
issue. We join the Council in this demand and we urge the Government of Iraq to
comply. But I want to underscore one point very clearly. Every nation has a duty
to protect its citizens. This is a fundamental obligation. The United States will
do that which is necessary to meet its obligations to its own citizens.
(Mr. Pickering. United States)
I shall now make a statement in my capacity as the
representative of the United Kingdom.
Today, nearly two months after the initial Iraqi aggression, there is still no
sign of any willingness by the Government of Iraq to comply with the series of
Security Council resolutions calling for it to withdraw unconditionally from
Kuwait, to rescind its purported annexation of that country and to restore the
sovereignty, independence and territorial integrity of Kuwait under its legitimate
Government.
Iraqi Government spokesmen continue to assert that Kuwait is the nineteenth
province of Iraq, in defiance of Security Council resolutions 660 (1990) and
662 (1990) - and I must say that I found it rather offensive to have to iisten this
morning to the representative of Iraq speaking for over an hour and not managing to
mention the word "Kuwait" during that time. This alone underlines the need for
further action by the Council to remind Iraq of the determination of the
international community that it should end its illegal acts.
On the question of human rights, evidence of a horrific and really unpleasant
kind is emerging from Kuwait. Many people have been subject to arbitrary arrest;
there have been beatings and killings by the occupying forces. That alone
justifies the need for States to collate all the information they have on grave
breaches of the Fourth Geneva Convention and of international law, as set out in
operative paragraph 2 of the resolution the Council has just adopted.
But those are not the only international obligations Iraq is breaching. The
remaining foreign embassies in Kuwait, including the embassy of my own country, are
continuing their work in increasingly unpleasant and unacceptable physical
circumstances. Their presence there demonstrates the determination of the
international community not to yield to Iraq's attempt to close these embassies, in
violation of the Vienna Conventions and Security Council resolution 667 (1990). My
Government pays a tribute to the courage and endurance of the diplomats of all
those countries who are still at their posts. Many third-State nationals are still
held hostage by the Iraqi authorities, in defiance of Security Council
resolution 664 (1990), and there is a cynical manipulation of such departures as
are permitted to further propaganda objectives, which makes it quite unrealistic to
argue that they reflect any genuine humanitarian reaction. All foreigners who wish
to leave Iraq and Kuwait should be permitted to do so, and that is what this
resolution says.
We know from reports from official sources, from the media and from the
communications of the Permanent Representative of Kuwait that Iraq is continuing to
loot and pillage Kuwait. The occupying forces have wrought havoc on the country's
infrastructure, and the victims have not been Kuwaiti citizens alone but citizens
of many third countries who have been forced to leave, citizens of developing
countries who have lost their livelihood and all their possessions. That is the
basis for the requirements for restitution and compensation set out in paragraphs 8
and 9 of the resolution just adopted.
Nobody favours a peaceful solution to the crisis more than my Government.
That is why we are committed to making this embargo regime work, because that is
the only way in which a peaceful solution will be reached. It frankly does not
serve the cause of peace to suggest that a settlement can come about in any other
way than through Iraq's compliance with the Security Council resolutions. To say
otherwise is just to raise hopes that will be dashed.
We have complete confidence in the Secretary-General, whose efforts to explore
the prospects for a peaceful settlement were rebuffed by the Iraqi Government when
he went to Amman in late August. We support the Secretary-General's use of his
(The President)
good offices, but we underline the fact that this should occur as and when he
considers it appropriate. And obviously the action of the Iraqi Government will be
rather key in making that judgement.
The resolution for which we have just voted demonstrates the determination of
the Security Council and the international community to maintain pressure against
Iraq until such time as its illegal behaviour is brought to an end. Other measures
of enforcement, including those under Chapter VII of the Charter, will need to be
taken to bring this about if Iraq does not now show willingness to move.
I now resume my function as President of the Council.
The representative of Iraq has asked to make a statement, and I call on him.
Mr. AL-ANBARI _(Iraq): I would like to make it clear that I have the
highest respect personally for my friend Mr. Abulhasan. However, I will not reply
to his misleading, I might say abusive, statement. It goes without saying that my
Government does not recognize him as the representative of anyone.
I should like to make two further points.
First, my Government has the highest respect for and confidence in the
Secretary-General, Mr. Javier Perez de Cuellar. I believe it is not fair or
accurate to say that the Iraqi Government rebuffed him when he and our Foreign
Minister met in Amman. We value his role and we look forward to co-operating fully
with him at all times.
Secondly, with regard to the visit by Mr. Primakov to Baghdad, we believe that
the visit was useful; we think that the more clarification and concretization there
is of the broad ideas he put forward to the Iraqi leadership during his recent
visit, the more useful his role will be. We value his bona fide and very sincere
mission in the interest of a peaceful settlement of the conflict.
The representative of Kuwait has asked to make a
statement, and I call on him,
(The President)
Mr. ABULHASAN (Kuwait) (interpretation from Arabic): It is not an honour
for me or the State of Kuwait to be recognized by an Iraqi regime such as the one
now in control of the Iraqi people, a regime that sheds blood and violates all that
is holy. It is not an honour, but an affront, to be recognized by the
representative of such a regime.
The PRESIDENTZ There are.no further speakers on my list. The Security
Council has thus concluded the present stage of its consideration of the item on
its agenda. The Council will remain seized of the matter.
The meeting rose at 3 p.m.