Govt. Pub. Review, pp. 115-120 Printed in the USA. All rights reserved.
0277-9390/91 $3.00 t .oo (c) 1991 Pergamon Press plc
INTERNATIONAL ORGANIZATIONS NEWS
Robert W. Schaaf Serial and Government Publications Division Library of Congress
IRAQ'S INVASION OF KUWAIT ACTIVATES UN SECURITY COUNCIL Since the August 2, 1990 invasion of Kuwait by Iraq, the United Nations, and particularly the Security Council, has been a focus of action to resolve the crisis. The United States, with the U.S.S.R., and the other permanent members of the Security Council, the United Kingdom, France, and China, have led the Council in adopting 10 (up to the time this is written) resolutions. These resolutions have applied and progressively tightened sanctions against Iraq under Chapter VII of the UN Charter. In a column such as this, one cannot hope to cover the whole crisis even with a broad brush, but I shall attempt to chronicle the principal UN actions, while highlighting relevant documentation. For the last several years the Security Council has worked effectively through coordination among the five permanent members. This coordination has been carried out through informal consultations designed to secure unanimity among the permanent members on an agreed action which is eventually expressed through a draft resolution. The informal consultations among the Permanent Five (for which there is no known UN documentation) are followed by further consultations with the other ten (non-permanent) members of the Security Council to arrive at an agreed resolution. Since this process has been adopted there has really been little or no debate in formal Security Council sessions. On the day of the vote, the Security Council meets formally and there will be a verbatim record of the meeting which will be in a document bearing the symbol S/PV (proces verbaux). Parties to a dispute and members of the Security Council give statements on the question explaining their vote. Related Security Council documents bear the symbol S and consist of letters, reports, etc. For example, urgent requests for a Security Council meeting on the Iraq invasion are in document S/21423 (from Kuwait) and S/21424 (United States). Some of the Security Council documents also bear the symbol A for General Assembly. The S and S/PV documents are available quickly to delegations, appropriate government offices and the Secretariat, but do not reach depository libraries very rapidly. Inquirers who request such documentation cannot expect to find them in libraries right away. However, press releases are issued daily and some institutions now receive these electronically. It is my understanding, for example, that the United Nations Information Centre in Washington receives transmissions several times daily and downloads all the press releases. As examples, I have press releases for the meetings at which the first two Security Council resolutions on Iraq were adopted. These releases include background information, references to specific documents, summaries of statements made during the meeting and the text of the resolution considered. Press release SC/5199, dated August 2 and showing meeting number 2932, covers the session at which resolution 660 condemning Iraq and demanding immediate withdrawal was adopted. The text as proposed in document S/21425 was the same as that adopted, but the formal text is in document S/RES/660 (1990), dated August 2, 1990. Press release SC/5201 (August 6) is the informal account of 115
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meeting 2933 at which the second resolution on Iraq was adopted. This resolution, imposing mandatory sanctions on Iraq and occupied Kuwait, was adopted on August 6 as resolution661 (SIRES/661 (1990)). The Council's actionon August 6was only the third time in United Nations history that members have agreed to impose economic sanctions. Resolution 661 also established a Council committee on sanctions to monitor their implementation. This committee consists of all 15 Security Council members. The successive resolutions relating to the Iraq-Kuwait crisis are not the only subject on which the Security Council adopted resolutions during this period. To help summarize, the actions against Iraq are: 660, 661, 662, 664, 665, 666, 667, 669, 670 and 674. By resolution 662 (SIRES/662 (19901, adopted on August 9, the Security Council declared the annexation of Kuwait (just proclaimed by Iraq) as nul and void in international law. Resolution 664 (S/RES/664 119901, adopted on August 18, demands that Iraq free all detained foreigners. By resolution 665 (SIRES/665 (1990), adopted on August 25, the Council authorized member countries sending maritime forces to the area to use “such measures commensurate to the specific circumstances as may be necessary... to halt all inward and outward maritime shipping...." The purpose of the authorization was to insure "strict implementation" of the provisions relating to shipping in resolution 661. The Council also requested those countries deploying forces to coordinate their actions by using the Military Staff Committee (MSC) and to report observations and recommendations on the implementation of the resolution to the Council and its Military Staff Committee. The MSC had beenmoribund during the years of the Cold War, but with this crisis and the cooperative relations between the United States and the U.S.S.R., the Soviets began urging use of the Committee. Some criticism was directed at the United States for acting too hastily August 12 when U,S. naval forces were ordered to interdict shipping to and from Iraq and Kuwait (President Bush cited Article 51 of the Charter on the right of individual or collective self-defense). The argument was that insufficient time had been allowed for the sanctions (resolution 661) to work, but any questions about U.S. actions were resolved by the adoption of resolution 665 on August 25. As the next step, on September 13, the Security Council adopted resolution 666 (S/RES/666 (1990) assigning to the sanctions committee the task of determining if humanitarian circumstances existed that would warrant shipments of foodstuffs into Iraq. The foodstuffs should only be provided through the UN in cooperation with humanitarian organizations and distributed by them or under their supervision. Records of the sanctions committee bear the symbol Three SjAC.25/SR..., but these are restricted documents unavailable in libraries. reports by the Secretary-General on the implementation of sanctions (resolution 661) carry the symbols S121S36 (August 151, S/21641 (August 25) and 5121715 (September 6). On September 16, the Council adopted resolution 667 (SIRES/667 (1990) condemning Iraq's aggressive acts against diplomatic premises and personnel and demanding the release of foreign nationals. By resolution 669 (S/RES/669 (19901, adopted September 24, the Security Council asked its sanctions committee to examine requests from countries facing special economic problems relating to the carrying out of sanctions. A further step was taken on September 25, when the Council adopted resolution 670 (SIRES/670 (1990) embargoing air traffic with Iraq. All countries are to deny permission for aircraft to take off from their territory to or from Iraq unless the planes are carrying authorized foodstuffs or medical supplies for humanitarian purposes. UN members are also to deny overflight permission to aircraft bound for Iraq or occupied Kuwait unless the plane lands at specified airfields for inspection. For the resolution on the air embargo (670), the
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foreign ministers of 13 of 15 Council members headed the delegations. By this date the General Assembly was in session and the ministers were present for the opening general debate, but the idea of this gesture was to impress Iraq with the seriousness of the situation. As this is written, the latest action on the Iraq-Kuwait crisis is resolution 674 (S/RES/674 (1990), adopted on October 29. By this the Council warns Iraq that it will take "further measures" if it continues to disregard its demands. This measure declares Iraq responsible for all damage and personal injuries, asks countries to prepare claims for compensation and to submit evidence of human rights violations. Among other provisions, the resolution also demands that Iraq cease looting and hostage-taking and permit immediate access to food, water and other basic services by Kuwaiti and third state nationals as well as diplomatic personnel. Beyond this, the United States in November was undertaking country-by-country discussions withmembers of the Security Council, about the Council's possibly authorizing military action against Iraq.
GULF CRISIS DOMINATES 45TH GENERAL ASSEMBLY From the date of Iraq's invasion of Kuwait on August 2, the Gulf crisis has been the dominating issue for the United States, its allies, Arab countries, many Third World nations and the United Nations itself. With the U. S. taking the lead both on its own and in the Security Council, a large multinational force has been assembled in Saudi Arabia. The threat of war looms over everything else. The speed with which the UN acted on the crisis surprised many and was only possible because of the end of the rivalry between the United States and the U.S.S.R. The General Assembly convened on September 18 for its 45th session and elected Guido de Marco, foreign minister of Malta, as president. French President Francois Mitterand, who apoke on September 24, the opening day of the general debate, outlined a plan for Middle East peace. As other leaders speeches followed, it was clear that even though there are many wide-ranging problems to be addressed, the Gulf crisis overshadowed everything. As usual, the General Assembly presented the opportunity for bilateral meetings between leaders, and many of the discussions centered on the crisis. President Bush spoke to the Assembly on October 1, stressing the need for a political solution to the crisis and emphasizing the fact that U.S.-U.S.S.R. cooperation was critical for the resolution of the Iraqi crisis and also for a stronger, more effective UN. At a news conference afterward the President rejected the idea of any connection between the Gulf crisis and Israeli-Arab conflicts, but the questionof linkage continues to be troublesome as noted below (Washington Post, 10/2/90). While the President's speech emphasized the importance of a peaceful resolution of the crisis, his speech did not dispel the sense of impending hostilities. The Soviets have continually stressed -that a political solution is essential, but Foreign Minister Shevardnadze gave a strong speech in which he declared that aggressors must be reminded that the "United Nations has the power to suppress aggression." (See Washington Post, 10/10/90.) One interesting document for this period is the October 3 joint statement by the U.S. and U.S.S.R. on the "Responsibility for Peace and Security in the Changing World." This statement in document A/45/598;S/21854 reaffirms the first joint statement at the 1989 General Assembly and stresses the importance the two countries place on their cooperation. Another notable event at this time was the World Summit for Children held on September 29-30, the weekend following the first week of general debate. Taking advantage of the presence of many leaders for the General Assembly, the Summit adopted a declaration and plan of action for children. The agreed goals include reducing infant mortality and malnutrition and the elimination of polio.
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Each day, 40,000 children below the age of five die from preventable causes. The 23-page "World Declaration on the Survival, Protection and Development of Children and Plan of Action...ti is in General Assembly document A/45/625 (October 18, 1990). While the UN's capacity to function in the primary area of peace and security has greatly improved, it remains to be seen how the Gulf crisis turns out. Beyond this, there are many other pressing problems facing the United nations, and a number of commentators have recently referred to the need for better functioning of the UN outside the political sphere. For example, the need for improved leadership within the UN system of organizations has been given increased attention. A recent study by two former UN officials, Brian Urquhart and Erskine Childers, was cited both on the editorial page and the opposite page of the New York Times on September 24. This study is: A World in Need of Tomorrow's United Nations (Uppsala, Sweden, Dag Hammarskjold Leaderships: Foundation, 1990. 40 p.).
UN ROLE IN EFFORTS TO RESOLVE CAMBODIAN CONFLICT Two other major political issues occupied the Security Council's attention during the period under review. As noted in a previous column (GPR, v. 17, pp. 278-279), the five permanent members of the Security Council had made progress in developing a plan to end the 11-year old Cambodian conflict. In this connection, the United States announced August 18 that it was reversing its long-standing policy of supporting the three-faction Cambodian coalition opposing the Hun Sen government established in Phnom Penh in 1979 following Vietnam's takeover of Cambodia. The U.S., it was explained, would open direct negotiations with Vietnam regarding Cambodia. Thismove related to concern about the Khmer Rouge military advances and the desire to prevent it from 7119190). Press accounts at this time returning to power (New --I York Times recounted the fact that for more than a year a political dialogue on Cambodia had been going on among the five permanent members of the United Nations Security Council. During the height of the Iraq crisis, agreement was announced August 28 on a peace plan for Cambodia (New York Times; Washington Post, 8/29/90). This agreement (published in document A/45/472; S/21689; August 31, 1990 21 p.) was referred to as a framework for a settlement. Agreement among the Cambodian factions (the Hun Sen government and the threepronged opposition movement) was essential. The plan calls for a transition during which the UN would have temporary responsibility for the administration of the country until elections are held. Representatives of the factions would sit on a Supreme National Council which would come under UN supervision. Many details on the nature, composition and functions of the UN's role would have to be decided. A Washington Post editorial (8/29/90) characterized the agreement as extraordinary and "demonstrates the awesome capability of a Security Council working the way the founders of the United Nations intended." One estimate indicated as many as 10,OOOUN troops would be needed with 10,000 civilians (Washington Post; New York York Times, 9/11/90) referred to Times (8/29/90), while another report (New -"perhaps 5,000 United Nations peacekeeping troops and 1,200 civilianofficials." The UN role would be to administer the country, organize a cease-fire, organize and run elections, disarm combatants and insure the withdrawal of foreign forces and the cessation of foreign aid. There were a number of criticisms of the plan, and one commentator (New York Times, g/12/90) spoke of it as "deeply troublesome." One of thefirsthurdles was accomplished with an initial agreement of the four factions at an informal meeting in Jakarta, September 9-10. UN document S/21732; A/45/490 (dated September 17, 1990) contains the text of the Jakarta Agreement. By this, the four parties accepted the agreement of the five permanent members "as the basis for settling the Cambodia conflict, and commited themselves, in full cooperation with all other participants of the Paris
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International Conference on Cambodia (PICC) to elaborating this framework into a comprehensive political settlement through the processes of the PICC." The parties agreed specifically on the nature and functions of the Supreme National Council and named 12 representatives from the different groups. On September 20, the Security Council endorsed the agreements in resolution 668 (S/RES/668 (1990)). On October 10, the Secretary-General reported on The Situation in Cambodia, a five-page document bearing the symbol A/45/605. Space prevents outlining the terms, but the plan calls for the UN to undertake a larger operation than ever before in its history.
VIOLENCE AT THE TEMPLE MOUNT IN JERUSALEM PROMPTS UN ACTION
Efforts by the United States and its allies to keep separate the Iraqi crisis and the question of Israel's treatment of Palestinians in the occupied territories were made more difficult by a sudden outbreak of violence at the Temple Mount in Jerusalem on October 8. The situation in the occupied territories was already being debated in the Security Council when this incident occurred. Early reports indicated that approximately 20 Arabs were killed by gunfire from Israeli security forces, although later reports cited 17 deaths. To try to preserve the fragile coalition against Saddam Hussein, the United States led a move to adopt a resolution in the Security Council condemning Israel for using excessive force in handling the violence. After four days of intense negotiations over the wording of a resolution, the Security Council on October 13 adopted resolution 672 (S/RES/672 (1990). Th is was the first time since Israel's invasion of Lebanon in 1982 that the U.S. agreed to vote against Israel. This resolution condemned the violence committed by Israeli security forces, called on Israel to abide scrupulously by its obligations under the fourth Geneva Convention, and, in connection with the Secretary-General's decision to send a mission to the region, asked him to submit a report to the Security Council before the end of October. The Israeli government on October 14 officially denounced the UN decision and declared it would not cooperate with the mission (New York Times, 10/15/90). Although the United States appealed to Israel to change its position (President Bush sent a personal letter to Israel's premier) the answer was negative. Thus, on October 24 the Security Council adopted a second resolution (S/RES/673 (1990) deploring Israel's refusal to receive the Secretary-General's mission and urging the Israeli government to reconsider its decision and insisting that it comply fully with resolution 672. Resolution 673 also asked that the Secretary-General submit a report on the situation as previously requested in resolution 672. The Secretary-General's 12-page report, submitted to the Security Council on October 31, is contained in document S/21919, dated October 31. This report was followed by three addenda (all dated November 1) providing further information on the situation, including a summary of the report of the Israeli government's investigation of the October 8 incident. As of this date Israel, under _ pressure from -the United States which wants to refocus attention on the Gulf crisis, had agreed to accept a mission, and the UN welcomed the invitation.
GUIDE TO UN SECURITY COUNCIL RESOLUTIONS, 1946-1989 For those who need to follow UN activities closely, a major new reference tool has recently become available. Resolutions and Statements --of the United 7 Nations Security Council (1946-1989): A Thematic Guide was edited by Professor Karel C. Wellens and published by Martinus Nijhoff, Dordrecht, Netherlands in 1990. The volume is distributed in North America by Kluwer Academic Publishers of Norwell, Massachusetts. The price is U.S.$ 210 and the Library of Congress catalog number is: 90-7342. While the UN has published annual cumulations of
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Security Council resolutions, the only cumulative index is that compiled by the Dag Hammarskjold Library covering the years 1946-1970. For resolutions after 1970, one has to consult the annual UN volumes, the Yearbook of the United Nations (latest edition, 1985) or other miscellaneous sources. For the very latest resolutions one has to refer to the individual documents bearing the symbol S/RES. With its topical approach, the new guide should greatly assist researchers trying to trace the development of particular international issues. The volume covers not only peace and security issues considered by the Security Council, but also other matters such as appointments and procedures. The guide is completed by three annexes providing: a chronological list of resolutions from 1946-June 1989 (resolution 6351, the composition of the Security Council over the whole period and a listing of matters of which the Security Council was seized as of June 15, 1989. The topical arrangement follows a basic geographical approach, whereby questions are classified under Africa, Asia, Middle East, etc., with one section devoted to "The Palestine Question." The analytical table of contents, combined with the chronological list, will make the resolutionsmuch more accessible. The introductory notes give background on each topic in an objective fashion and should be helpful.
INTERNATIONAL DOCUMENTS REVIEW I recently began receiving complimentary issues (at least a few) of a new publication, International Documents Review: The Weekly Newsletter on the United Nations. Each of the issues received contains eight pages. For those who seek toor UN developments, this is the only weekly UN coverage I have seen since the Department of Public Information cancelled its weekly summary several years include: Meetings, Secretary-General, Documents, Media, ago. Headings Communications and Vacancy Notes. From the issues seen, this newsletter should be very useful. In the documents section, I particularly like the inclusion of paging. Thus, references are to a S-page report, an 189-page report, etc. one example in the November 5 issue (v. 1, no. 21) is the listing for an ll-page report of the Secretary-General on the situation in the Israeli-occupied areas requested by the Security Council in Resolution 672 (5/21919). An example of an article (1 p.) is "S-G Report on Israeli Occupied Territories Reviews Past, Passes Buck to Governments." A box within the article is titled "Israel's Response to Resolution 672." The articles do not include document numbers (something I would prefer), but as far as I have checked, one should be able to pick up the document symbol by checking the Documents section. The editor of the newsletter is Bhaskar Menon and the publisher "Impact Communications Consultants, Inc." The address is: Suite 1166, 60 East 42nd Street, New York, New York 10017. The fax number is 212-549-2813 and the annual subscription (46 issues) is U.S. $200.