S/22430 SC

The Security Council 665 (1990) and 686 (1991), Recalling its resolutions (1990) 660 (1990) (1990) 661 662 (1990) (1990) (1990) 664 666 (1990) = 667 669 670 (1990), 674 677 (1990), 678 (1990) Welcoming the restoration to Kuwait of its sovereignty, independence, and territorial integrity and the return of its legitimate government Affirming the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait expressed by the Member States cooperating with Kuwait (1991) military presence under paragraph and Iraq, and noting the intention of resolution 678 (1990) to bring an end to the military presence in Iraq as soon as possible consistent with paragraph 8 of resolution 686 Reaffirming the need to be assured of Iraq's peaceful intentions in light of its unlawful invasion and occupation of Kuwait, Taking note of the letter sent by the Foreign Minister of Iraq on 27 February 1991 (S/22275) and those sent pursuant to resolution 686 (1991) (S/22273, S/22276, S/22320, S/22321 and S/22330) Noting that Iraq and Kuwait, as independent sovereign States, signed at Baghdad on 4 October 1963 the "Agreed Minutes Regarding the Recognition and Restoration of Friendly Relations" thereby recognizing formally the independence and complete sovereignty of Kuwait within its borders as specified in the letter of the Prime Minister of Iraq dated 21 July 1932 and as accepted by the Ruler of Kuwait in his letter dated 10 August 1932, Conscious of the need for demarcation of the said boundary. violation of Conacious_alse of its obligations under the statement by Iraq threatening Lo 4s0 weapons Geneva Protocol for the Prohibition 0Ein Use Methods of Warfare, in War of Asphyxiating, and signed at affirming Geneva on Poisonous 0i"17 Other Gases, June 1925 _ and of Bacteriological and of its prior use of chemical weapons that 91 ave consequences would follow any further by Iraq of such weapons, Reca 4 ] ing that the Iraq has subscribed to the Declaration adopted by all participating in Other Interested States. Conference 0 E States Farties 11 January 1989, held 2t Paris from 7 to t.o the 1925 Geneva Protocol establishing and the objective oE universa] elimination of chemical and biological weapons, Toxin Weapons and on Their Destruction, the Development _RecalLing_further that and Stockpiling of April Production Iraq has signed the Convention on of 10 Bacteriological 1972, lhe (Biological) Prohibition of and Nqting the importance of Iraq ratifying this Convention, Noting moreover the importance of forthcoming Review Conference to all States adhering to this authority, Convention aud efficiency and encouraging its universal scope of the convention, reinforce the Stressing _the__importance of Convention on conclusion by the Conference an ear ly Disarmament of its work on a the Universal Prohibition of Weapons and of universal adherence thereto, Aware of the need by Iraq of use ballistic missiles in unprovoked attacks therefore of the to take specific measures in regard to such missiles in [raq, co acquire materials che Non-Proliferation of Nuclear: contrary to 1 Iraq has attempted Concerned by the reports in the hands of Mzmbe r States that under the Treaty on for a nuclear-weapons programme Weapons of its obligations July 1968 _ the region of Recalling ehe Middle East. the objective of the establishment of a nuclear-weapons free zone~ Conscious of the threat which all weapons 0[ towardsma5$ destruction pose to establishment peace and security in the area and ot the need to work the Middle East of 2 zone free of such weapons, Conscious_a}so of the objective of achieving balanced and comprehens ive control o€ armaments in the region, using Conscieus_further of all available means, the importance of achieving the States o€ including a dialogue among the objectives noted the Noting that resolution 686 (1991) they applied to Kuwait, marked the Titting 0 the measures by resolution 661 (1990) in So far as Noting that despite the Kuwaiti progress being made in fulfilling the obligations of resolution 686 (1991), many remains unreturned, and third country nationals are still not accounted for and property, Recalling the International Convention against the Taking of Hostages, opened for signature at New York on 18 December 1979, which categorizes all acts of taking hostages as manifestations of terrorism, which includes international terrorism against targets outside Iraq and the taking of hostages by Iraq, Deploring threats made by Iraq during the recent conflict to make hostages, Taking note with grave concern of urgent humanitarian needs in Kuwait and Iraq, as reported by the Secretary-General in documents S/22409, S/22366, and S/22412, Bearing in mind its objective of restoring international peace and security in the area as set out in recent Council resolutions, Conscious of the need to take the following measures acting under Chapter VII of the Charter, 1. Affirms all thirteen resolutions noted above except as formally expressly changed as below to achieve the goals of this resolution, 2. Demands that Iraq and Kuwait respect the inviolability of the international boundary and the allocation of islands set out in the "Agreed Minutes of Friendly Relations between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Sovereignty and Related Matters" signed by them in October 1963 and published by the United Nations in document 7063, registered with the United Nations Treaty Series in 1964; 3. Calls on Iraq and Kuwait to demarcate the boundary between Iraq and Kuwait and requests the Secretary-General to lend his assistance to make arrangements with the Council drawing on appropriate material to report back to the Security Council within one month; 4. Requests the immediate deployment of a United Nations observer unit to monitor the boundary and to guarantee the inviolability of the above-mentioned arrangements after consulting with Iraq and Kuwait, to submit within three days to the Council its approval of the Khor Abdullaha plan for the deployment. Iraq and 5 kilometres into Kuwait Minute8 Between che State violationg Recognition and 8 demf litarized zone , which of Kuwaiti8 hereby established,from theand the Republic of extending 10 theboundary referred toIrag Regarding "Agreedin xilometres intothe Rebtoration of Friendly Relationg , the boundary through its or potentially theand Related Matters" of 4 Octorer 1963, to deter of presence in and hogtile surveillanceaction mounced Erom theof the demilitarized zone ;territory of one State hostile other ;to observe any to the and for Secretary-General to report regu. arly to the Council on and Immediately if there are serious violationg of the zore orthe operations of threatspotential the unie,to peace ; completion Notee that a8 soon of the Secretary-General notifies6 as ehe Council of the of the deployment Member Statesthe United Nationg observer unit, the conditions will be escablished for the to bring their military presence in Iraq to an endcooperating with Kuwait in accordance consistent with regolution with regolution 67 8 (1990 ) 686 (1991) ; Protocol for the7 _ Invites Irag to reaffirmProhibition of the unconditionally its Obligations unde rUseof in War of Asphyxiatinc, Poisonous or Otherthe Geneva Gases , and to ratify Bacteriological Methods ana 0f the Convention on the Prohibition o€ s igned at Geneva onWarfare, the Deve lopment , Production and17 June 1925 _ Stockpiling of Bacteriological (Biological ) and Toxin Weapons and on Their Degtruction, of 10 April 1972 ; or render Ing harmless ,8 , Decsdee that Iraq shal]under internationalunconditionally accept of:supervision, the destruction, removal, (a) a11 chemical and biological weapons and a11deve lopment , agents and a1lstocks 0f related subsystems and componencs and all research , support and manufacturing facilities ; (b) a11 ballistic missiles withand repair and production greater thana range 150 kilometres and related major perts, facilities ; 9 Decidee, for the implementatian of paragraph 8 above , the following: (a) Iraq Shall submit to che Secretary-General - within fifteen days of the adoptlon of this resolution, a declaration of the locations _ amounts and types of specified be Jow; a1litemg specified in paragraph 8 and agree to urgent , on-site inspection as (b) the Secretary-General, in consultation with the appropriate Governments and, co che Council 45 days wHO) = where appropriate of with the Director-General of completion ofwithinfor aPproval, approval:the Passage of this regolution,aplan calling for che the World develop, shall act within 45 days of such (1) the forming of a Special Commiss ion, whichchemical carry outshall immediate on-site inspection of Iraq' $ biological_ and missile capabilities ,Jocationg by Iraq 8based on declarations and the designation Qf any additional lne Special Commiss ion itself} ii) the yielding by Irag of posse8sion to che destruction, removal or rendering harmless ,items taking intoSpecial Commis8ion for theaccount requirements (a) above including ofof public safety, icems at the specified underall paragraph 8 designated bY the Special Commission under paragraph 9 (b) Commission ,additional Jocations(1) above and all destruction by the missile capabilities Including launchersIraq, under supervision of the Special of ics as speciEied under paragraph 8 (b) above ; (iii) the provision by the Special Commission of the assistance and cooperation to the Director-General of the International Atomic Energy Agency IAEA ) reguired in paragraphs 12 and 13 below; 10 _ Decides that Iraq shall unconditionally undertake not to use , develop, deve lop a the acquire any of the items specified in paragraphg 8 for approval compliance plan for che future ongoing monitoring with the Special Commission , within requests construct or 120 days of with ehis paragraph,Secretary-General, in consultation to be submitted to the Counciland verification ofand 9Iraq' 5above andto the passage of this regolution; 11_ Invites Iraq to oE Nuclear Weapons ,reaffirm unconditionally its obligations under the Treaty on the Non-Proliferation of 1 July 1968 ; 12 _ Decides that Iraq Sha) 1 unconditionally agree not to acguire or deveJop nuclear weapons or nuclear-weapons-usable material orSecretary-General manufacturing any oEsubsystems or components or any research,submit deve lopment , 8upport or facilities related to the above ; to to the and the Director-General of the International Atomic Energy Agency (IAEA ) within 15 days types of adoption ofche this resolution a declaration of the locations _ amounts , and all items Speci fied above ; to place all of its nuclear-weapons-usable macerials under the exclusive control,the Special Commission as provided forfor custody and removal_ of the IAEA , with the assistance and cooperation of in the plan of accordance withthe Secretary-General discussed in paragraph 9 (b) above ; to accept , in specified above ; the the arrangements provided for in paragraph 13 below appropriate of be low for destruction, removal _ and to accept verification of its compliance withor rendering harmlessthe plan discussed in paragraph 13as urgent on-site inspectionall items cheand future ongoing monitoring ana these undertakings ; 13 _ Requests the Director-General of the International Atomic Energy Agency Special chrough the (IAEA ) Commission Secretary-General_above , provided foras in the plan ofimmediate on-site Secretary-Generalwith the assistancethe and cooperation ofin the paragraph 9 capabilities (b) to carry out inspection of Iraq 5 nuclear Security Council Special Comission; locations by based onthe Irag S declarations and the des ignation ofcalling develop a Plan for submiss ion to renderingto any additionalthe harmless as appropriate ofwithin 45 all days items listedfor in paragraph 12destruction,above ;removal _to carry out the or plan , taking 45 day8 following approval by the Security Council; plan within into account the rights and obligations 0f Iraq under future ongoingand the Treaty onto develop a the Non-Proliferation of Nuclear Weapons =compllance with paragraph 12 aboveof 1 July 1968 _ for che including monitoring and verification of Irag 5 in Iraq subject co che Agency 8 an Inventory of a11 confirm thatnuclear material safeguards verification and Ingpections to IAEA cover a11 relevant nuclear the passag0 in Iraqa activitie8 of this to resolution;be submitted to the Council for approval within 120 days of 14 = and Takes_note that che actions to be caken by Iraq in paragraphs 8 ,establishing9 , 10 _ 11, in the Middle East a12 delivery and the Eree from weapons of mass destruction and 13 of this zoneresolueion represent steps cowards the goal of all missiles for their objective of a global ban on chemical weapons ; D steps caken to including a15 , Requests the Secretary-General all report to the Security Council on which Jist of any property which Kuwait claims has not been returned or facilitatethe return of to Kuwaiti property seized by Iraq, the has not been returned intact; E Iraq arising prior to 216 _ Reaf ficms that Iraq, withoutAugust 1990 _ which will be any direct through the normal prejudice to addressedthe debts and obligations of mechanisms including environmental damage and the depletion of natural resources , foreign Governments is liable nationalgunder international and corporations ,law foras a result 10ss , damage injury toof Irag S or unlawful invasion and occupation of Kuwait; it8 foreign debt are null and void, all of17 _ Decidee thatObligations concerning servicing and that Iraq ofall Iragi statements made since 2and demands repayment scrupulously repudiatingAugust 1990 _its foreign debt;adhere to par agraph 16 above and to establish a pay compensation for claims18 _Decides to create a Fund to Commission that wil] administerthat fall withinthe Fund; decision, Directs the Secretary-General to the adoption of this19 _ develop and present to the Council for recommendations forno laler than 30the Fund to meetdays following requirement for the payment of claimsthe resolution, established in accordance with paragraph 18 above ,above andincluding: progI amme tofor implement the decisions in paragraphs 16 _determining 17 _ the valueand 18 administration of the Fund; the Fund baged on a percentage of co exceed a of the @xporcs Iraq' $ contributionmechanisms Eor the appropriate leve 1 of petroleum and Councilto petroleum products from by the Secretary-General= Iraq conjunction particular huanitarian needs_ Irag and in with the international financial Iragi payment capacity as considerationtaking into account figure to be suggested to assessednotIraq S economy ; taking intotherequirements 0f the people of inthe ensuring external debtthat payments and theservice_ are made to the Fund;needs of the the process by arrangements forwhich funds will be allocaced anaand verifying their validicy and resolving disputed claimgclaims paid; appropriate procedures for evaluating l0g808 , listIng claims liability specified in paragraph 16 above ; and the composltlon of thein respect of Iraq 8 as Commiss ion designated above ; supply Lo Decides, effective20 _ Iraq of commodities immediately, other che prohibitions against cheor products that than medicine and health supplies,sale or and prohibitions against financial transactions related thereto, contained in established by (1990) for simplified resolution 661 (1990 ) shall not apply to with che approval ofor _ foodstuffs notified to the Commicceethat Committee . under the essential civilian needsand accelerated "no-objection" procedure _ co materials and supplies as identified in the report of the Secretary-General dated 20 March 1991 (S/22366 ) and in any further findings of humanitarian need by the Committee; Irag, including the implementation che policies and practices of above every sixty days in21 _ Decides that the light of oe all review the provisions of paragraph 20Council shall relevant resolutionsto reduce or lift the Securityof the prohibitionsthe Government of Council referred for therein;the purpose of determining whether 22 Decides that upon theCouncil agreement that Iraq has completed called for approval by the Council of the programe against contemplated in paragraphs 8 , inparagraph 19 above and upon the prohibitionsa1l prohibitions import of financial actions che against commoditiestransactionsand products originating9 , 10 _ related thereto contained 11,12 _ and 13 in Iraq and in resolutionabove , the 661 (1990 ) shall have no further force or e€ Eect; Comittee Decides that, pending action by the Council23 _established under resolution 661 (1990 ) shallunder paragraph 22 approve , thebe empowered to above , when required toactivities under adequate financialassure and products originating in Irag} the prohibition againstresources onexceptions the part of Iraq to carry out the the import of commodities paragraph 20 above_ to 24 Decides that,and in accordance with resolutionis taken by che and subsequent661 (1990) related resolutions until a further decision romotion Council a11 States shall continue to prevent the sale or supply, or facilitation using their flag supply, of such sale or to Iraq by their nationals, or from their territories or vessels or aircraft, of: (a) arms and related materiel of all types ,conventional military equipment ,specifically including the sale or transfer through other means of all forms of including for paramilitary forces , and spare parts and components and their means 0f production, for such eguipment; (b) items specified and defined in paragraph 8 and paragraph 12 above not otherwise covered above ; (c) technology under licensing or of utilization or stockpiling other transfer arrangements used in the items specified in subparagraphs (a) and (b) above; (a) personnel or materials for training or development, manufacture, technical support services relating to the design, use, maintenance or support of items specified in subparagraphs (a) and (b) above; agreements, with paragraph 24 above, arrangements; accordance Salls WpQn all States and notwithstanding the existence 25. international organizations to act strictly in any contracts, licenses, or any other Governments full develop Secretary-General for approval of 26 =Requests the in consultation with appropriate 25 guidelines to within 60 days, the Council paragraph for updating these guidelines periodically; States and facilitate 27 below, international and to make implementation of paragraphs 24 and to establish a procedure and to take such other actions consistent with the 27 _Calls upon all States co maintain such national controls guidelines to be and procedures established by organizations to the compliance with the Security Council terms of paragraph steps to assist in ensuring such full cake under paragraph 26 24 above as above may be necessary to ensure and calls upon international compliance; except for Agrees Eo compliance 120 days following passage of this resolution, 28 =the items specified decisions review its and defined in paragraphs 8 in paragraphs 22 _ 23, and 12 above_24, and 25 above, on a taking regular basis and in any case into account Iraq S with this resolution and general progress towards the control of armaments in the region; measure 29. Eo ensure Decidee that all claim shall that no body States, Iraq' lie at including Iraq' shall take the Government the instance of the necessary of Iraq, the the benefit of any its performance was affected by reason of or of any Person or such person or body, in or in of any person claiming through or connection with any contract or other for transaction where the measures taken by Security Council in resolution 661 (1990) and related resolutions; 30, Desides that_ in furtherance of its commitment to facilitate the repatriation of all Kuwaiti and third country nationals, the Red Cross, providing Iraq shall extend all necessary cooperation to the facilitating the International Committee of lists of search by such persons _ such persons wherever located or detained and the Red Cross to all the International Committee of access of the Red Cross for the International facilitating those Kuwaiti Committee of a third country nationals still unaccounted for; 31 - Invites the International Committee of the Red Cross to keep the Secretary-General apprised as appropriate of all activities undertaken in connection with facilitating the repatriation or return of all Kuwaiti and third country nationals or their remains present in Iraq on or after 2 August 1990; H commi88ion of uneguivocally such acts any act of Requires Iraq to operate within its territory and of32 _internationaland renounce alltoterrorism orinform the Councilacts, methods ,allow any organization directed towardsthat and practices to condemnit will not commit or swpport terrorism} Secretary-General ana to upon official Council of Iraq33 _Declares that , the Security notification by Iraq toand Kuwait the the provisions its acceptance of above_ a formal cease-fire is effective between and the Member States cooperating with Kuwait in accordance with resolution 6 7 8 (1990) ; may be34 = required forDecides totheremain s0ized of the matter and to take such further steps as implementation of this resolution and to secure peace and security in the area,

UN Project. “S/22430.” UN Project, https://un-project.org/votes/resolution/S-22430/. Accessed .

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