The Security Council, Recalling all its previous relevant resolutions, in
particular its resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November
1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of
5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986
(1995) of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant
statements of its President, Recalling also its resolution 1382 (2001) of 29
November 2001 and its intention to implement it fully,
Recognizing the threat Iraq’s non-compliance with Council resolutions
and proliferation of weapons of mass destruction and long-range missiles poses
to international peace and security,
Recalling that its resolution 678 (1990) authorized Member States to use all
necessary means to uphold and implement its resolution 660 (1990) of 2 August
1990 and all relevant resolutions subsequent to resolution 660 (1990) and to
restore international peace and security in the area,
Further recalling that its resolution 687 (1991) imposed obligations on Iraq
as a necessary step for achievement of its stated objective of restoring international
peace and security in the area,
Deploring the fact that Iraq has not provided an accurate, full, final, and
complete disclosure, as required by resolution 687 (1991), of all aspects of
its programmes to develop weapons of mass destruction and ballistic missiles
with a range greater than one hundred and fifty kilometres, and of all holdings
of such weapons, their components and production facilities and locations, as
well as all other nuclear programmes, including any which it claims are for
purposes not related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate, unconditional,
and unrestricted access to sites designated by the United Nations Special Commission
(UNSCOM) and the International Atomic Energy Agency (IAEA), failed to cooperate
fully and unconditionally with UNSCOM and IAEA weapons inspectors, as required
by resolution 687 (1991), and ultimately ceased all cooperation with UNSCOM
and the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international monitoring,
inspection, and verification, as required by relevant resolutions, of weapons
of mass destruction and ballistic missiles, in spite of the Council’s repeated
demands that Iraq provide immediate, unconditional, and unrestricted access
to the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC),
established in resolution 1284 (1999) as the successor organization to UNSCOM,
and the IAEA, and regretting the consequent prolonging of the crisis in the
region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to comply with its commitments
pursuant to resolution 687 (1991) with regard to terrorism, pursuant to resolution
688 (1991) to end repression of its civilian population and to provide access
by international humanitarian organizations to all those in need of assistance
in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999)
to return or cooperate in accounting for Kuwaiti and third country nationals
wrongfully detained by Iraq, or to return Kuwaiti property wrongfully seized
by Iraq,
Recalling that in its resolution 687 (1991) the Council declared that a ceasefire
would be based on acceptance by Iraq of the provisions of that resolution, including
the obligations on Iraq contained therein,
Determined to ensure full and immediate compliance by Iraq without conditions
or restrictions with its obligations under resolution 687 (1991) and other relevant
resolutions and recalling that the resolutions of the Council constitute the
governing standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the successor organization
to the Special Commission, and the IAEA is essential for the implementation
of resolution 687 (1991) and other relevant resolutions, Noting that the letter
dated 16 September 2002 from the Minister for Foreign Affairs of Iraq addressed
to the Secretary-General is a necessary first step toward rectifying Iraq’s
continued failure to comply with relevant Council resolutions, Noting further
the letter dated 8 October 2002 from the Executive Chairman of UNMOVIC and the
Director-General of the IAEA to General Al-Saadi of the Government of Iraq laying
out the practical arrangements, as a follow-up to their meeting in Vienna, that
are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the
IAEA, and expressing the gravest concern at the continued failure by the Government
of Iraq to provide confirmation of the arrangements as laid out in that letter,
Reaffirming the commitment of all Member States to the sovereignty and territorial
integrity of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary-General and members of the League of Arab States
and its Secretary-General for their efforts in this regard,
Determined to secure full compliance with its decisions, Acting under Chapter
VII of the Charter of the United Nations,
1. Decides that Iraq has been and remains in material breach of its obligations
under relevant resolutions, including resolution 687 (1991), in particular through
Iraq’s failure to cooperate with United Nations inspectors and the IAEA,
and to complete the actions required under paragraphs 8 to 13 of resolution
687 (1991);
2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this
resolution, a final opportunity to comply with its disarmament obligations under
relevant resolutions of the Council; and accordingly decides to set up an enhanced
inspection regime with the aim of bringing to full and verified completion the
disarmament process established by resolution 687 (1991) and subsequent resolutions
of the Council;
3. Decides that, in order to begin to comply with its disarmament obligations,
in addition to submitting the required biannual declarations, the Government
of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not later than
30 days from the date of this resolution, a currently accurate, full, and complete
declaration of all aspects of its programmes to develop chemical, biological,
and nuclear weapons, ballistic missiles, and other delivery systems such as
unmanned aerial vehicles and dispersal systems designed for use on aircraft,
including any holdings and precise locations of such weapons, components, subcomponents,
stocks of agents, and related material and equipment, the locations and work
of its research, development and production facilities, as well as all other
chemical, biological, and nuclear programmes, including any which it claims
are for purposes not related to weapon production or material;
4. Decides that false statements or omissions in the declarations
submitted by Iraq pursuant to this resolution and failure by Iraq at any time
to comply with, and cooperate fully in the implementation of, this resolution
shall constitute a further material breach of Iraq’s obligations and will
be reported to the Council for assessment in accordance with paragraphs
11 and 12 below;
5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded,
unconditional, and unrestricted access to any and all, including underground,
areas, facilities, buildings, equipment, records, and means of transport which
they wish to inspect, as well as immediate, unimpeded, unrestricted, and private
access to all officials and other persons whom UNMOVIC or the IAEA wish to interview
in the mode or location of UNMOVIC’s or the IAEA’s choice pursuant
to any aspect of their mandates; further decides that UNMOVIC and the IAEA may
at their discretion conduct interviews inside or outside of Iraq, may facilitate
the travel of those interviewed and family members outside of Iraq, and that,
at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without
the presence of observers from the Iraqi Government; and instructs UNMOVIC and
requests the IAEA to resume inspections no later than 45 days following adoption
of this resolution and to update the Council 60 days thereafter;
6. Endorses the 8 October 2002 letter from the Executive Chairman of UNMOVIC
and the Director-General of the IAEA to General Al-Saadi of the Government of
Iraq, which is annexed hereto, and decides that the contents of the letter shall
be binding upon Iraq;
7. Decides further that, in view of the prolonged interruption by Iraq of
the presence of UNMOVIC and the IAEA and in order for them to accomplish the
tasks set forth in this resolution and all previous relevant resolutions and
notwithstanding prior understandings, the Council hereby establishes the following
revised or additional authorities, which shall be binding upon Iraq, to facilitate
their work in Iraq:
– UNMOVIC and the IAEA shall determine the composition of their inspection
teams and ensure that these teams are composed of the most qualified and experienced
experts available;
– All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities,
corresponding to those of experts on mission, provided in the Convention on
Privileges and Immunities of the United Nations and the Agreement on the Privileges
and Immunities of the IAEA;
– UNMOVIC and the IAEA shall have unrestricted rights of entry into and
out of Iraq, the right to free, unrestricted, and immediate movement to and
from inspection sites, and the right to inspect any sites and buildings, including
immediate, unimpeded, unconditional, and unrestricted access to Presidential
Sites equal to that at other sites, notwithstanding the provisions of resolution
1154 (1998) of 2 March 1998;
– UNMOVIC and the IAEA shall have the right to be provided by Iraq the
names of all personnel currently and formerly associated with Iraq’s chemical,
biological, nuclear, and ballistic missile programmes and the associated research,
development, and production facilities;
– Security of UNMOVIC and IAEA facilities shall be ensured by sufficient
United Nations security guards;
– UNMOVIC and the IAEA shall have the right to declare, for the purposes
of freezing a site to be inspected, exclusion zones, including surrounding areas
and transit corridors, in which Iraq will suspend ground and aerial movement
so that nothing is changed in or taken out of a site being inspected;
– UNMOVIC and the IAEA shall have the free and unrestricted use and landing
of fixed- and rotary-winged aircraft, including manned and unmanned reconnaissance
vehicles;
– UNMOVIC and the IAEA shall have the right at their sole discretion
verifiably to remove, destroy, or render harmless all prohibited weapons, subsystems,
components, records, materials, and other related items, and the right to impound
or close any facilities or equipment for the production thereof; and
– UNMOVIC and the IAEA shall have the right to free import and use of
equipment or materials for inspections and to seize and export any equipment,
materials, or documents taken during inspections, without search of UNMOVIC
or IAEA personnel or official or personal baggage;
8. Decides further that Iraq shall not take or threaten hostile acts directed
against any representative or personnel of the United Nations or the IAEA or
of any Member State taking action to uphold any Council resolution;
9. Requests the Secretary-General immediately to notify Iraq of this resolution,
which is binding on Iraq; demands that Iraq confirm within seven days of that
notification its intention to comply fully with this resolution; and demands
further that Iraq cooperate immediately, unconditionally, and actively with
UNMOVIC and the IAEA;
10. Requests all Member States to give full support to UNMOVIC and the IAEA
in the discharge of their mandates, including by providing any information related
to prohibited programmes or other aspects of their mandates, including on Iraqi
attempts since 1998 to acquire prohibited items, and by recommending sites to
be inspected, persons to be interviewed, conditions of such interviews, and
data to be collected, the results of which shall be reported to the Council
by UNMOVIC and the IAEA;
11. Directs the Executive Chairman of UNMOVIC and the Director-General
of the IAEA to report immediately to the Council any interference by Iraq with
inspection activities, as well as any failure by Iraq to comply with its disarmament
obligations, including its obligations regarding inspections under this resolution;
12. Decides to convene immediately upon receipt of a report
in accordance with paragraphs 4 or 11 above, in order 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;
13. Recalls, in that context, that the Council has repeatedly warned Iraq
that it will face serious consequences as a result of its continued violations
of its obligations;
14. Decides to remain seized of the matter.
Annex
Text of Blix/El-Baradei letter
Dear General Al-Saadi, During our 3 October 2002 briefing to the Security Council, members of the
Council suggested that we prepare a written document on all of the conclusions
we reached in Vienna. This letter lists those conclusions and seeks your confirmation
thereof. We shall report accordingly to the Security Council.
In the statement at the end of the meeting, it was clarified that UNMOVIC
and the IAEA will be granted immediate, unconditional and unrestricted access
to sites, including what was termed “sensitive sites” in the past.
As we noted, however, eight presidential sites have been the subject of
special procedures under a Memorandum of Understanding of 1998. Should these
sites be subject, as all other sites, to immediate, unconditional and unrestricted
access, UNMOVIC and the IAEA would conduct inspections there with the same
professionalism.
H.E. General Amir H. Al-Saadi Advisor Presidential Office Baghdad Iraq
We confirm our understanding that UNMOVIC and the IAEA have the right to
determine the number of inspectors required for access to any particular site.
This determination will be made on the basis of the size and complexity of
the site being inspected. We also confirm that Iraq will be informed of the
designation of additional sites, i.e. sites not declared by Iraq or previously
inspected by either UNSCOM or the IAEA, through a Notification of Inspection
(NIS) provided upon arrival of the inspectors at such sites.
Iraq will ensure that no proscribed material, equipment, records or other
relevant items will be destroyed except in the presence of UNMOVIC and/or
IAEA inspectors, as appropriate, and at their request.
UNMOVIC and the IAEA may conduct interviews with any person in Iraq whom
they believe may have information relevant to their mandate. Iraq will facilitate
such interviews. It is for UNMOVIC and the IAEA to choose the mode and location
for interviews.
The National Monitoring Directorate (NMD) will, as in the past, serve as
the Iraqi counterpart for the inspectors. The Baghdad Ongoing Monitoring and
Verification Centre (BOMVIC) will be maintained on the same premises and under
the same conditions as was the former Baghdad Monitoring and Verification
Centre. The NMD will make available services as before, cost free, for the
refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate access to sites
to be inspected and communication with personnel to be interviewed; (b) a
hotline for BOMVIC which will be staffed by an English speaking person on
a 24 hour a day/seven days a week basis; (c) support in terms of personnel
and ground transportation within the country, as requested; and (d) assistance
in the movement of materials and equipment at inspectors’ request (construction,
excavation equipment, etc.). NMD will also ensure that escorts are available
in the event of inspections outside normal working hours, including at night
and on holidays.
Regional UNMOVIC/IAEA offices may be established, for example, in Basra
and Mosul, for the use of their inspectors. For this purpose, Iraq will provide,
without cost, adequate office buildings, staff accommodation, and appropriate
escort personnel.
UNMOVIC and the IAEA may use any type of voice or data transmission, including
satellite and/or inland networks, with or without encryption capability. UNMOVIC
and the IAEA may also install equipment in the field with the capability for
transmission of data directly to the BOMVIC, New York and Vienna (e.g. sensors,
surveillance cameras). This will be facilitated by Iraq and there will be
no interference by Iraq with UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all surveillance
equipment, and construct antennae for remote transmission of data, at the
request of UNMOVIC and the IAEA. Upon request by UNMOVIC through the NMD,
Iraq will allocate frequencies for communications equipment.
Iraq will provide security for all UNMOVIC and IAEA personnel. Secure and
suitable accommodations will be designated at normal rates by Iraq for these
personnel. For their part, UNMOVIC and the IAEA will require that their staff
not stay at any accommodation other than those identified in consultation
with Iraq.
On the use of fixed-wing aircraft for transport of personnel and equipment
and for inspection purposes, it was clarified that aircraft used by UNMOVIC
and IAEA staff arriving in Baghdad may land at Saddam International Airport.
The points of departure of incoming aircraft will be decided by UNMOVIC. The
Rasheed airbase will continue to be used for UNMOVIC and IAEA helicopter operations.
UNMOVIC and Iraq will establish air liaison offices at the airbase. At both
Saddam International Airport and Rasheed airbase, Iraq will provide the necessary
support premises and facilities. Aircraft fuel will be provided by Iraq, as
before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing and rotary,
Iraq will guarantee the safety of air operations in its air space outside
the no-fly zones. With regard to air operations in the no-fly zones, Iraq
will take all steps within its control to ensure the safety of such operations.
Helicopter flights may be used, as needed, during inspections and for technical
activities, such as gamma detection, without limitation in all parts of Iraq
and without any area excluded. Helicopters may also be used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume the use of U-2
or Mirage overflights. The relevant practical arrangements would be similar
to those implemented in the past.
As before, visas for all arriving staff will be issued at the point of entry
on the basis of the UN Laissez- Passer or UN Certificate; no other entry or
exit formalities will be required. The aircraft passenger manifest will be
provided one hour in advance of the arrival of the aircraft in Baghdad. There
will be no searching of UNMOVIC or IAEA personnel or of official or personal
baggage. UNMOVIC and the IAEA will ensure that their personnel respect the
laws of Iraq restricting the export of certain items, for example, those related
to Iraq’s national cultural heritage. UNMOVIC and the IAEA may bring
into, and remove from, Iraq all of the items and materials they require, including
satellite phones and other equipment. With respect to samples, UNMOVIC and
IAEA will, where feasible, split samples so that Iraq may receive a portion
while another portion is kept for reference purposes. Where appropriate, the
organizations will send the samples to more than one laboratory for analysis.
We would appreciate your confirmation of the above as a correct reflection
of our talks in Vienna.
Naturally, we may need other practical arrangements when proceeding with
inspections. We would expect in such matters, as with the above, Iraq’s
co-operation in all respect.
Yours sincerely, Back to List of UN Security Council Resolutions
on Iraq 
S/RES/1441 (2002)
8 November 2002
UN Security Council Resolution 1441 (2002)
Adopted by the Security Council at its 4644th meeting, on 8 November 2002
United Nations Monitoring, Verification
and Inspection Commission
The Executive Chairman
International Atomic Energy Agency
The Director General
8 October 2002
During our recent meeting in Vienna, we discussed practical arrangements that
are prerequisites for the resumption of inspections in Iraq by UNMOVIC and
the IAEA. As you recall, at the end of our meeting in Vienna we agreed on
a statement which listed some of the principal results achieved, particularly
Iraq’s acceptance of all the rights of inspection provided for in all
of the relevant Security Council resolutions. This acceptance was stated to
be without any conditions attached.
(Signed) (Signed)
Hans Blix Mohamed ElBaradei
Executive Chairman Director General United Nations Monitoring, International
Atomic Energy Agency
Verification and Inspection Commission
Home Page