Madam Speaker, I will organize my remarks around two basic themes: first, UN Security Council resolution 1441 as the legal framework for the determination of Iraqi cooperation and compliance with its disarmament obligations under the resolution; as the legal framework for the determination of whether there has been a material breach of these obligations; the determination of the serious consequences that would result from such a material breach; and as the background frame of reference for this motion and the appreciation of the merits of this motion; and second, the international juridical principle of the exhaustion of all remedies short of war as a precondition for military action; and again, as a background frame of reference for the appreciation of this motion.
Let me begin with some basic truths respecting the oft-cited, but apparently not well read, UN Security Council resolution 1441. For what is not sufficiently appreciated is that the UN Security Council, in this resolution, had already determined “that Iraq has been and remains in material breach of its obligations under relevant resolutions, in particular through its failure to cooperate with UN inspectors and the IAEA”, since the enactment of UN resolution 687 in 1991.
Accordingly, the United Nations Security Council decided by resolution 1441 to afford Iraq one final opportunity to comply with its disarmament obligations by setting up what it called an “enhanced inspection regime” with the aim of “bringing to full and verified completion the disarmament process”, and resolved that any false statements or omissions in the declarations submitted by Iraq, or failure by Iraq at any time to cooperate and comply with implementation of this resolution “shall constitute a further material breach of Iraq's obligations and will be reported to the council for assessment”, and that Iraq would face serious consequences as a result of its continued violations.
On January 27 chief weapons inspector Hans Blix reported that Iraq “appears not to have come to a genuine acceptance of the disarmament which was demanded of it” in the course of submitting a comprehensive and critical 15 page catalogue of Iraq's failure to demonstrate with documents, interviews and other evidence, that it had eliminated its prohibited weapons program, particularly chemical and biological weapons.
The United Kingdom concluded at that point that Iraq was in material breach of the UN resolution. President Bush, in his state of the union address, concluded that Iraq's intent was “not to disarm but to deceive”.
Yesterday, U.S. Secretary of State Colin Powell disclosed telephone intercepts, satellite photos, and statements from Iraqi defectors which he characterized as “irrefutable” and “undeniable evidence” about Iraq's alleged and illegal weapons program, its attempts to hide these weapons from inspectors, and its links to terrorist groups.
In conclusion on this first theme, it would appear both from a reading of the report by Dr. Hans Blix, let alone the evidence submitted by Secretary of State Powell yesterday, that there is prima facie evidence in the form of witness testimony and documentary evidence of a material breach of UN Security Council resolution 1441.
However, what appears to be missed here is that what has to be determined at this point is that it is the UN Security Council that has to make the determination, based upon witness testimony and whatever documentary evidence is put before it, as to whether there is a material breach. It is similarly up to the UN Security Council to then determine the serious consequences that would ensue in light of this finding.
In a word, it is for the UN Security Council and the UN Security Council alone, not any other interlocutors, however compelling their evidence may be, to determine whether there has been a material breach of UN Security Council resolution 1441 as a finding of fact, and whether serious consequences including military action would follow as a conclusion of law.
Indeed, even U.S. President Bush, in his initial request for the convening of the meeting yesterday of the UN Security Council and for the production of evidence of material breached before it, appears to appreciate the legal authority of the UN Security Council in this matter.
This brings me to my second theme, the bedrock legal principle that requires that all remedies short of war be exhausted if resorting to war is to be sanctioned.
I would submit that all remedies short of war have yet to be exhausted. In particular, and having regard to the Blix report, even leaving aside Secretary of State Powell's submission yesterday, I would recommend that the following approaches be pursued and which have been made more compelling by Secretary of State Powell's submission.
First, the inspection team should be further enhanced, both in terms of personnel going from 120 to at least 360 and in terms of physical resources such as an additional office in the southern city of Basra. Second, Iraq must make a complete and exhaustive inventory of concerns regarding weapons capacity.
The 1,200 page dossier that was to be Iraq's “full, final and complete declaration” was utterly flawed. Iraq, as per the Blix report, must account for, and this is again without reference to Secretary of State Powell's submission yesterday: thousands of tonnes of chemical precursors, thousands of litres of biological warfare agents, thousands of missing chemical munitions, the unaccounted for Scud missiles, the missing weaponized VX poison, the disappeared mobile biological laboratories, the missing and deadly anthrax, and the violations on the restrictions of ballistic missiles. Iraq must provide the necessary and verifiable responses to these and other disarmament concerns posed by Dr. Blix who also spoke of a capability that his team could have for these purposes.
Third, Iraq must permit unfettered access to the dozens of skilled scientists who are at the core of the Iraqi weapons program. Their witness testimony is crucial to determining whether Iraq's weapons of mass destruction have been destroyed. Yet the evidence is not only as Dr. Blix has disclosed, that Iraq has impeded access, but that it has intimidated--