Gulf War II: Iraq 2003

The UN passed Resolution 1441 on November 8. It concluded that Iraq had been and remained 'in material breach of its obligation', particularly through its failure to fully cooperate with United Nations weapons inspectors. The resolution placed a number demands on Iraq, the key ones being:

• that Iraq must declare all details of weapons of mass destruction (WMD)

• that Iraq must provide immediate and unconditional access to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and International Atomic Energy Agency (IAEA)

• and that Iraq would face serious consequences if it continued to 'violate its obligations'.

In the event of non-compliance, the Resolution did not authorise the use of force by any one member state. As Mary O'Connell observed, the Resolution states only that 'a meeting of the Security Council will be the first step upon a report by inspectors that Iraq has obstructed their activities. Consequences will follow a meeting'.

The UK Ambassador to the Security Council stated that there was no 'automaticity' in this Resolution. John Negroponte, United States Permanent Representative to the United Nations said that Resolution contained no 'hidden triggers with respect to the use of force' and 'the matter will return to the Council for discussions'.

In a joint statement China, Russia and France noted that the resolution did not authorise the use of force and the three countries 'registered with satisfaction' that the representatives of the United States and the United Kingdom were in agreement with this understanding.

Though the resolution was passed unanimously, France, Russia, and Germany had a different understanding to the US and UK on the process of disarming Iraq.

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