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Ordered by the House of Commons to be printed 14th July 2004 - page 200 / 216





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Council during the 1990's shows that it was just such a finding of material breach by Iraq which served to revive the authorisation of force in SCR 678.

  • 10.

    On this occasion, however, the Council decided (in paragraph 2 of SCR 1441) to offer Iraq "a final opportunity to comply with its disarmament obligations." Iraq was required to produce an accurate, full and complete declaration of all aspects of its prohibited programmes (paragraph 3), and to provide immediate and unrestricted access to UNMOVIC and IAEA (paragraph 5). Failure by Iraq to comply with the requirements of SCR 1441 was declared to be a further material breach of Iraq's obligations (paragraph 4), in addition to the continuing breach already identified in paragraph 1. In the event of a further breach (paragraph 4), or interference by Iraq with the inspectors or failure to comply with any of the disarmament obligations under any of the relevant resolutions (paragraph 11), the matter was to be reported to the Security Council. The Security Council was then to convene "to consider the situation and the need for full compliance with all of the relevant Council resolutions in order to secure international peace and security" (paragraph 12). The Council warned Iraq (paragraph 13) that "it will face serious consequences as a result of its continued violations of its obligations".

  • 11.

    It is important to stress that SCR 1441 did not revive the 678 authorisation immediately on its adoption. There was no "automaticity". The resolution afforded Iraq a final opportunity to comply and it provided for any failure by Iraq to be "considered" by the Security Council (under paragraph 12 of the resolution). That paragraph does not, however, mean that no further action can be taken without a new resolution of the Council. Had that been the intention, it would have provided that the Council would decide what needed to be done to restore international peace and security, not that it would consider the matter. The choice of words was deliberate; a proposal that there should be a requirement for a decision by the Council, a position maintained by several Council members, was not adopted. Instead the members of the Council opted for the formula that the Council must consider the matter before any action is taken.

  • 12.

    That consideration has taken place regularly since the adoption of SCR 1441. It is plain, including from UNMOVIC's statements to the Security Council, its Twelfth Quarterly Report and the so-called "Clusters Document", that Iraq has not complied as required with its disarmament obligations. Whatever other

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