The United Nations Security Council And International Conflict Resolution (A Case Study Of The UN Security Council Weapon Inspection In Iraq)

The United Nations Security Council And International Conflict Resolution (A Case Study Of The UN Security Council Weapon Inspection In Iraq)

Abstract

This research effort grew out of concern for the increasing use of force in settlement of disputes by the United States which has the tendency to reduce the moral stature of the UN (above all, the security council) an organization committed to the maintenance of international peace and security. It seeks to analyse the role of the United Nations security council in international conflict resolution, using tonal conflict resolution, using the UN Weapons inspection in Iraq as a case study. This research work sets itself to determining whether the Weapons Inpectors did indict Iraq of possessing WMD. The central focus of the study is to determine whether the UN Security Council authorized the war or whether the war was a pre-emptive action on the part of the U.S. and its allies. On the above premise, the theoretical framework of political Realism which holds that the overriding national interest of each State is its national Security and survival defined in terms of power.

However, the study revealed that the U.S. invasion of Iraq was a clear-cut case of aggression and territorial annexation of another country and therefore a violation of State Sovereignty. The findings of this research are that the United Nations Security Council which is the only organ that can authorize war in modern International law did not authorize the war on Iraq. Consequently, in a bid to justify the war, the U.S and U.K anchored their action on UN Resolution 1441 which, however, never gave Member States an explicit permission to attack Iraq. The study also revealed that the U.S. led war on Iraq was pre-emptive. Most importantly, the work revealed that the war has a significant relationship with the U.S. foreign policy on the Gulf region. Based on these findings; the study concludes that for peaceful co-existence among Nations, all States should uphold the integrity and authority of the United Nations and of International Law.

Chapter One

Introduction

Background of the Study

The United Nations Organization was formed in 1945; it was to be a universal single purpose organization that would promote world peace and security. In order to ensure prompt and effective action by the United Nations, its members confer on the Security Council the primary responsibility for the maintenance of international peace and security and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.

The United Nations Security Council (UNSC) is the organ of the United Nations charged with maintaining international peace and security among nations. While other organs of UN only make recommendations to member governments, the Security Council has the power to make decisions which member governments must carry out under Article 25 of the United Nations Charter, which reads “the members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the president charter. The decisions of the Council are known as UNSC Resolutions. The Council is made up of 15 Member States, consisting of five permanent seats and ten temporary seats. The five permanent seats are China, France, Russia, The United Kingdom and the United States. These big five hold veto power over substantive but not procedural resolutions. The ten temporary seats voted in by the UN General Assembly on a regional basis. The presidency of the Security Council is rotated alphabetically each month.

The Security Council performs these functions on the basis of a universal phenomenon that has come to be known as collective security. This is a system in which aggression against a state is taken to be aggression against all that are parties to the treaty; consequently, a collective action is to be taken by other states to counter such an aggression. A good example was in 1991, when the United States led a coalition force of about 23 countries in a battle code- named “Operation Desert Storm” on Iraq for the formers invasion and annexation of Kuwait on August 2, 1990.

Resolution 687, adopted in 3 April 1991 set out terms of cease fire which demanded respect of inviolability of Iraq- Kuwait border, as well as inspection and destruction of Iraq’s weapon which range greater than 150 kilometres, together with related items paragraph 9 of the Resolution provided for the creation of the United Nations Special Commission (UNSCOM) with the mandate to implement immediate on- site inspections of Iraq’s chemical, biological and missile Capabilities, on the basis both of Iraq’s own declarations and of the designation of the special Commission itself. Iraq was equally obliged to declare its nuclear material, equipment and sub-systems to the International Atomic Energy Agency (IAEA).

A major reason given by the Bush administration for waging war on Iraq was that she possessed Weapons of Mass Destruction (WMD) as well as had links with al-Qaeda (Osama Bin laden and Saddam Hussein). This led to the adumbration of a doctrine of “pre-emption” by the Bush administration; in Blair’s words, “it is a matter of time unless we act and take a stand before terrorism and weapons of mass destruction come together, and I regard them as two sides of the same coin”.

Statement of Problem

In the period before the war, when it became apparent that a specific UN Security Council authorization was unlikely, States and international lawyers criticized the proposed US-led military action in Iraq as unlawful since this action was not a case of self- defence. To the extent that the invasion was based on a claim of anticipatory self- defence, Article 51 has been stretched beyond endurance. Secondly, to the extent that the invasion was based on claims of threats to international peace and security sufficient under Chapter vii to justify Security Council authorization, but with those claims poorly argued and the council eventually by passed, the credibility of the whole Charter system has again been frontally challenged. And thirdly, to the extent that the invasion was based on Saddam Hussein’s record of tyranny over his people- but again, poorly and inconsistently argued, and with the council by passed – we have almost choked at birth what many were hoping was an emerging new norm justifying intervention on the basis of the principle of “responsibility to protect”.

Finally, this work would analyse the war on Iraq and its implications for international law. The law is clear, no amount of weapons a state has whether chemical, biological, and nuclear, laser and blinding weapons can be conceived as an attack by the possessor state against another state. Such possession may however be styled by the UN as constituting a threat to peace. A threat to National Security is not a recognized basis for use of force. President Bush, in giving the President of Iraq Saddam Hussein, a 48 hours ultimatum to leave Baghdad said: “the United State of America has the Sovereign authority to use force in assuring its own national security”. It becomes the task of this thesis to ascertain whether every state can launch a pre-emptive war against any state, she regards as a threat to her national security, which implies that international law no longer exists for nations to obey or that international law only entitled the right of pre-emptive war on the United State of America. Nevertheless, the study will be guided by the following research questions.

1. Did the UN Security Council Support for the invasion of Iraq help eliminate the production of Weapons of Mass Destruction in Iraq?
2. Did the UN Security Council Sanctions on Iraq help minimize the Iraqis quest
3. For Weapons of Mass Destruction?
4. Did the IAEA of the UN fail to discover Weapons of Mass Destruction in Iraq?

Objectives of the Study

The broad objective of this study is to critically examine the UNSC and International Conflict Resolution. Whereas the specific objectives of the study are:

1. To determine whether the UN Security Council Support for the invasion of Iraq helped eliminate the production of Weapons of Mass Destruction in Iraq.
2. To determine whether the UN Security Council Sanctions on Iraq helped minimize the Iraqis quest for Weapon of Mass Destruction.
3. To determine whether the IAEA of the UN discover Weapons of Mass Destruction in Iraq.

Significance of the Study

This study has both theoretical and practical significance. Theoretically, this research seeks to contribute and bring fresh insight to the understanding of the UN Security Council Weapon Inspection in Iraq. As a result it will reveal how America, invaded Iraq. Therefore, the significance of this thesis is predicated on the fact that it would re-echo, the need for nations to support the concept of collective security, a process in which all members of the international community join strengths to deter or punish those who resort to violence and aggression and discourage unilateral action on the part of powerful nations in pursuance of its national interest.

The study will add to existing literature in this area and serve as a reference material for students and scholars with interest Weapon Inspection in Iraq. We hope that the study will stimulate further investigation in this area as little or no research has be done regarding Weapon Inspection in Iraq.

At the Practical level, the findings of this study willhighlight the role the United Nations Security Council played in trying to discourage and prevent the United States from attacking Iraq. This work will help to reaffirm and increase the moral status of the UNSC among States especially third world States (the weaker and vulnerable members of the international system who depend upon these institutions to protect their sovereign status). This work hopes to make a modest contribution by way of addition to the extant literature on the US-led war on Iraq and its implication for international law by showing that, both the UN Charter and international law made adequate provisions for peaceful settlement of disputes among States.

This work is equally important as it will act as a light and a guide on the paths of powerful States not to use their privileged positions in the UN to telescope and interfere with any UNSC weapons inspection activities in the future. Finally and most importantly, this work will show that, the United States and the United Kingdom stand accused of having waged an aggressive war against Iraq, exactly the same crime of which Iraq was accused in 1990 following the invasion and occupation of Kuwait.

International law protects the sovereignty of disagreeable regimes, just as it did not matter in 1990 whether Kuwait was well governed, so it was irrelevant to this indictment that the governing regime in Iraq in 2003 was deeply unpleasant. Also, the findings of this study will help policy makers in Africa and Nigeria in particular to weigh options critically before acting especially, in international politics where betrayal has become almost a norm of statecraft.

Chapter Five

Summary, Conclusion and Recommendations:

5.1 Summary

The war on Iraq focused so much on Iraqi having a stock pilled “Weapons of Mass Destruction” which if not destroyed by Iraq itself or by the United Nations would be destroyed by the United States and its allies. The first option does not involve possible use of force or intervention in the domestic affairs of Iraq. The second option may involve such intervention and possibly the use of force by the United Nations if Permanent Members of the Security Council agree thereto. The third option if under taking is flagrant breach of international Law. Indeed, it is an act of aggression against the possessor state.

To be sure under customary international law, a State has the right to manufacture any type of weapon it wants and stock-pile them. International law distinguishes between possession and use. International law has banned the use in warfare, of certain types of weapons such as projective for the diffusion of asphyxiating or deleterious gases. Such right under customary international law has been charged into a duty by numerous treaties armed at arms control for world peace. International law knows nothing of “Weapons of Mass Destruction”. It has however through treaties, banned out the development, production, stock-pilling or accruing or retaining of many conventional weapons. Iraq, USA and its allies participated in this drive towards arms control and none of these treaties gave inspecting or monitoring right to the United States and its allies.

The UN got involved with the dispute on the basis that the alleged manufacturing, possession and stock-pilling of conventional chemical, biological and nuclear weapons by Iraq is a threat to world peace. To buttress the point, the allegation pointed out that as evidence, Iraq had used chemical weapons against the Kurdish rebels in Iraq. Furthermore, the US and its allies had alleged that Iraq had developed, produced and tested biological agents. Numerous efforts by the UN through “weapons inspectors to find and destroy- the Weapons of Mass Destruction” in Iraq proved abortive. The weapons were not seen.

The Security Council voted to continue the search but the United States and its allies rejected the approach of the UN. Unable to get the UN to use force against Iraq. The US and its allies in defiance of the position of the UN on the matter decided to opt out of the peaceful approach of the UN and declared war on Iraq. It is to be noted that under modern international law, only the UN has the right to use force against a State. The use of force by States against another has been abolished. Article 39 of the reads:

The Security Council shall determine the existence of any aggression and shall make recommendations, or decide what measures shall be taken in accordance with articles 41 and 42 to maintain or restore international peace and security.

The President of the United States in a television broadcast gave three reasons for an attack on Iraq. These are:

1. To disarm Iraq
2. To free its (Iraq) people
3. To defend the world from grave danger.

None of these reasons has any legal backing in international law, unless a treaty provides otherwise, a State has a right to manufacture, produce, store, stock-pile weapons whether they are Weapons of Mass Destruction or not. In the internal case however, Iraq and the US have traded in this right and had acquired an obligation not to develop or produce or stock-pile chemical, biological and nuclear weapons. The treaties imposing these obligations on Iraq did not give the United States or its allies any right of inspection or even supervision.

Only the OPCW has a monitoring right in the case of CWC. The United Nations also has an inherent power where such activity constitutes a threat to peace. This is so because; “in the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligation under the UN Charter shall prevail. (Article 103 of the UN Charter).

The second reason (to free Iraq people from dictatorship, tyranny etc.) is a crude display of power. Under international law, a state has a right to have any type of Government the citizens so wish, whether it is monarchical, republican, democratic, dictatorial, military etc. All these are within the exclusive business of the State concerned. To oppose it amount to interference in the domestic affairs of a State a breach of international law.

The third reason, to defend the world from grave danger is an attempt by the United States to substitute itself with the UN. The United States is a world power but not a world government and it has no world mandate to defend the world. Its national interest is not the interest of the world. States have, through the charter surrender their sovereignties to the United Nations to act as their government.

The war on Iraq is unjust for numerous reasons. The decision of the US and its coalition allies to go to war in Iraq in March 2003 in defiance not only of one or more threatened vetoes, but of the clear and overwhelming majority of the Members of the Security Council was a watershed of a wholly disconcerting kind. The charter of the UN in its preamble prohibits the use of force except on a collective security basis, or under certain conditions, in self-defence as provided in Article 51 of the charter. The members of the organization have agreed 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 purpose of the United Nations. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangement, or other peaceful means of their own choices, the US and its allies did not exhaust all these avenues before invading Iraq.

The failure to date of the pentagon to turn up evidence that any Weapons of Mass Destruction existed in Iraq poses obvious problems for the Bush administration. The unprovoked war was manifestly illegal, waged without the sanction of the UN and without any prior attack from Iraq. The absence of chemical, biological and nuclear weapons had only confirmed what millions around the world have already concluded: the justification for the war was nothing but a pack of lies.

The general consensus about when an armed attack begins in relationship to the right of self-defence is that an attack must be underway or must have already occurred in order to trigger off the right of unilateral self-defence. Since Iraq did not wage nor attempt to wage a war against the United States and its allies, the provisions for self-defence on the part of the US and its allies are not met and as such the United Nations Security Council could not authorize the war. The fact that the war was not authorized by the United Nations Security Council has proven that, the war on Iraq is unjust.

The 1991 Persian Gulf War and subsequent UN inspections destroyed Iraq’s illicit weapons capability and, for Saddam Hussein did not try to rebuild it, according to an extensive report by the Chief U.S weapons inspector in Iraq that contradicts nearly every pre-war assertion made by top administration officials about Iraq. Charles Duelfer, whom the Bush administration chose to complete the U.S investigation of Iraq’s weapons programs, said Hussein’s ability to produce nuclear weapons had “progressively decayed” since 1991. Inspectors, he said, found no evidence of concerted efforts to restart the program.”

Duelfers report was the first U.S intelligence assessment to state flatly that Iraq’s Biological Weapons stocks had being destroyed in the early 1990s. In 1995, under UN pressure, it abandoned its efforts. The document rules out the possibility that biological weapons might have been hidden, or perhaps smuggled into another country, and it finds no evidence of secret biological laboratories or on-going research that could be firmly linked to a weapons program.

The report said that no chemical weapons existed and that there is no evidence of attempts to make such weapons over the past 12 years. Duelfer concluded that his team “Uncovered no indication that Iraq had resumed fissile materials or nuclear weapons research and development activities since 1991”. After Duelfer delivered his Iraq survey Group’s report to the Senate, Bush acknowledged that Iraq didn’t have Weapons of Mass Destruction at the time he ordered the invasion but said Saddam was “systematically gaming the system” and that the world is safer because he is no longer in power. He (Bush) stated that he “fully understand that the intelligence was wrong, and (he was) just as disappointed as everybody else” when U.S troops failed to find Weapons of Mass Destruction in Iraq.

On 8 February 2004, Dr. Hans Blix a former UN inspector in an interview on BBC TV, accused the U.S and British governments of dramatizing the threat of Weapons of Mass Destruction in Iraq in order to strengthen the case for the 2003 war against the government of Saddam Hussein. Earlier on, Blix accused the Bush administration of launching a smear campaign against him because he could not find evidence of WMD in Iraq and, he said, he refused to pump up his report to the U.N about Iraq’s WMD programs, which would have given the U.S the evidence it needed to get a majority of UN Member countries to support a war against Iraq. Instead, Blix said the UN inspectors should be allowed more time to conduct searches in Iraq for WMD.

The Director General of IAEA- EIBaradei reported that Iraq was in substantive compliance with UNSCR 707. Bush claimed to have ‘Slam-dunk’ evidence that EIBaradei had missed finding significant components of Iraq’s nuke program. Bush alleged Saddam still had a nuke program and would have nukes to give terrorists within a year or less. So EIBaradei and his inspectors went back and conducted a total of 218 inspections at 141 sites, including 21 sites designated by Bush that the IAEA had inspected before. Result? On March 7, 2003, EIBaradei told the Security Council, “After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapon program in Iraq”.

A few days later, on March 16, 2003, the U.S, UK and Spain announced that- contrary to UN inspectors reports to the Security Council- they were convinced the threat posed by Saddam was so grave and imminent that they could wait no longer for a Security Council Resolution authorizing their use of force. They informed UN Secretary General Kofi Annan and EIBaradei that it would not be “prudent” for their personnel to remain in Iraq. Hence, EIBaradei effectively prevented the UN- Sanctioned application of the Bush Doctrine.

In an interview with the London Guardian Newspaper, Blix said “U.S officials pressured him to use more damning language when reporting on Iraq’s alleged weapons programs”. The fact that there was no objective relationship between the result of United Nations Security Council Weapons Inspection in

Iraq and U.S invasion of Iraq has proven hypothesis 1 that Iraq did not have either weapons stockpiles or active production capabilities at the time of the war.

If the chief natural resource of the Middle-East were bananas, the region would not have attracted the attention of U.S policymakers as it has for decades. Americans became interested in the oil riches of the region in the 1920s. Since then the region has become a source of strategic power, and one of the greatest material prizes in world history. As early as April 1997, a report from the James Baker institute of public policy at Rich University addressed the problem of ‘energy security’ for the United States, and noted that the U.S was increasing threatened by oil shortages in the face of the inability of oil suppliers to keep up with world demand. In particular the report addressed “the threat of Iraq and Iran” to the free flow of oil out of the Middle East. It concluded that Saddam Hussein was still a threat to Middle Eastern security and still had the capability to exercise force beyond Iraq borders.

The Bush administration returned to this theme as soon as it took office in 2001, by following the lead of a second report from the same institute. The report, “strategic energy policy challenges for the 21st century” concluded: the United States remains a prisoner of its energy dilemma; Iraq remains de-stabilizing influence to the flow of oil to international markets from the Middle East. Saddam Hussein has also demonstrated a willingness to threaten to use the oil weapon and to use his own export program to manipulate oil markets. Therefore the U.S should conduct an immediate policy review toward Iraq including, military, energy, economic and political / diplomatic assessments.

Iraq and Kuwait together possess 20 percent of the proven world reserves, which would have come under the direct control of Baghdad, had it been able to annex Kuwait. In addition, by dominating the Arab littoral of the Gulf, Iraq would have been able to determine the production, pricing and direction of flow of the oil produced by the other Gulf Arab oil producers, who together possess 37 percent of the proven world oil reserves with Saudi Arabia alone accounting for over 26 percent. Thus, 57 percent of the world’s proven oil reserves could conceivably have come under some form of Iraqi control.

A prominent scholar of Third World security predicament Mohammed Ayoob has argued that the most important U.S objective in the Gulf crisis was to prevent a single Arab State- especially one such as Iraq that could become a pole for attracting radical Arab nationalists from controlling, directly or indirectly, the vast exportable oil resources of the Gulf and thereby dominating the process that determined oil prices, production levels, and direction of oil exports. The fact that there was no significant difference between the war on Iraq and the U.S foreign policy on the region, the fact remain that the Bush Administration’s rationale for declaring war on Iraq was to gain control over Iraqi natural resources (primarily oil).

5.2 Conclusion

In an attempt to build up the impression that Iraq did pose some form of imminent threat to the U.S, propaganda was widely purveyed to the effect that Iraq possessed Weapons of Mass Destruction and that Saddam Hussein could use them given his antecedents. The efforts to sell this position to the international community were actually an attempt by the Bush administration to capitalize on earlier developments. At the time of the United Nation Special Commission (UNSCOM) withdrawal from Iraq in 1998, it was reported that despite the destruction of Iraq’s nuclear stocks and long-range system, UNSCOM was unable to verify claims that Iraq had destroyed several tons of chemical weapons and agents in addition to large volumes of weapons grade biological material. These were items that the U.S and Britain persistently referred to as “unaccounted” for and employed in their striving to convince Members of the UN that they constituted an imminent threat in the hands of Saddam Hussein.

Despite this lacuna, providing hard evidence substantiating the existence of Weapons of Mass Destruction was a difficult task for the Bush led coalition team. This was more so the case as the weapons inspectors under UNSCOM had withdrawn from Iraq since 1998. The U.S and Britain had to resort to the propagation of claims made by unnamed intelligence sources to the effect that Iraq possessed Weapons of Mass Destruction as well as the application of diplomatic pressure upon various UN Members States, especially its western allies.

Whatever success the US recorded on the platform of the UN came on the 8th 2002 with the passage of Resolution 1441. By this time a split had effectively been created among the permanent 5 Members of the Security Council with Russia, France and Chine standing in opposition to the use of military force against Iraq, and the U.S and Britain actively campaigning for it. Resolution 1441 represented an attempt to pressurize Iraq into satisfying the demands of the U.S regarding Weapons of Mass Destruction, while not acceding to U.S demands for the UN to consent to the use of force. The resolution gave Iraq 30 days within which to declare “all aspects of its programmes to develop chemical, biological and nuclear weapons, ballistic missiles and other delivery systems.” The resolution also re-affirmed the imperative for personnel of the United Nations Monitoring Verification and Inspection Commission (the replacement for UNSCOM) and those of the International Atomic Energy Agency to have unrestricted access to all sites. Despite its strong wording Resolution 1441 failed to satisfy the demands of the U.S. The Bush administration tried to obtain a subsequent resolution that would permit war but failed in this effort. This however, did not prevent him from eventually declaring war on Iraq.

Two separate U.S government panels reportedly concluded that all allegations about the state of Iraq WMD were based on reasonable suspicious

rather than hard facts. Hans Blix, head of the UN Monitoring, Verification and Inspection Commission (UNMOVIC), the successor to UNSCOM, wished to demonstrate his independence from western intelligence agencies. He refused for example, to have an American as his deputy. This was also reflected in Blix’s reluctance to interrogate key Iraqi witnesses outside of Iraq. This apparent lack of willingness by the USA to uphold the UN Security Council resolutions on the disarmament of Iraq led to the resignation of Scott Ritter, an experienced UNSCOM inspector.

In his update to the Security Council on 27 Jan. 2003, EIBaradei confirmed that the Eight presidential sites were inspected to ascertain whether there had been developments in technical capabilities, organization, structure, facility boundaries or personnel, in general, the IAEA has found no signs of nuclear activity at any of these sites. There is concern, above all, about the way in which one State, the United States and the power in the world with by far the most capacity to do so have seemed to want single handily to rewrite the rule book. What is challenged above all is the notion, asserted in the lead up to the attack on Iraq in 2003, that the right to act in self-defence, without need for prior UN Security Council approval, extends without check to situations where the threatened attack is neither actual nor imminent and where the reacting country remains, in effect, the sole judge of whether there is a real threat at all.

This led Secretary – General Kofi Annan to sound the alarm in the strongest possible terms in his address to the General Assembly on 23 Sept. 2003, that if States reserve the right to act unilaterally, or in adhoc coalitions without waiting for agreement in the Security Council. This logic represents a fundamental challenge to the principles on which, however imperfectly, world peace and stability have rested for the last fifty-eight years.

5.3 Recommendations

1. There should be a recreation of confidence in the role and judgment of the Security Council that will lead to a dramatically reduced inclination to by-pass it on the part of those capable of doing so. This is because an ineffective Security Council, as in the cold war era, poses less threat to international society than does a Security Council that may routinely become an instrument of one great power or a concert of great powers to be used for their national interest.
2. The concept of Collective Security as enshrined in the UN Charter should not be selective and should not be allowed to be hijacked by powerful nations to serve their national interest.
3. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security should first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangement, or other peaceful means of their own choice instead of unilaterally declaring war on another State.
4. For peaceful co-existence among nations, all State should uphold the integrity and authority of the United Nations and international law.
5. War should be viewed as a last resort, appropriate only when it is inevitable and all diplomatic efforts exhausted and its legality approved by the UN Security Council.

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