8/7/09--Thumper just posted this article under the UN section. "Postpone the decision to remove Iraq from Chapter VII to the end of the year"
It certainly knocks a hole my theory. Back to the drawing board
CHAPTER VII--GOING, GOING, GONE
8/5/09
By Windreader1
A number of inconsistencies are evident in the UN documents and time frames associated with the handling of the new UNAMI resolution.
1) The existing UNAMI resolution (1830) is approximately 2¼ pages in length with only six items. To renew the resolution should only require changing the dates. Why has the SC had two meetings with a third scheduled over a document that could have been approved in one meeting?
2) Why was it necessary to have a closed-door consultation regarding UNAMI?
3) Why is the meeting on Friday scheduled as an UNAMI meeting to vote on the resolution but the current President of the SC states it will be to discuss “Saddam era resolutions”?
4) Why the rush and rescheduling of meetings if the intent is just to extend the existing UNAMI mandate?
5) Why has Kuwait after weeks and weeks of complaining, flying all over the world to meet with voting SC members, whose bigwig immediately hopped a plane to meet with Obama after Obama publicly stated that Iraq had the US support for the termination of Chapter VII, gone silent.
6) Why has the terminology used by Kuwait changed from Chapter VII to “under UN umbrella?”
7) Why was Kuwait not at the table in the meeting along with Iraq as Chapter VII resolution was a topic of discussion in connection with UNAMI?
8) Why has Iraq continually re-enforced the fact that they no longer “constitute a threat to international peace and security.”?
There is one possible answer. The outstanding Chapter VII issues are going to be moved into the UNAMI program for resolution. This would then allow the SC to terminate Chapter VII.
Here is why.
1) Chapter VII is the enforcement authority by which the SC can legally impose sanctions (economic and military). “Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
2) Resolution 660 (1990) was the first resolution against Iraq in which the UN “determining that there exists a breach of international peace and security as regards the Iraqi invasion of Kuwait.” Chapter VII was enacted under Resolution 661 (1990) and it reaffirmed the above referenced statement.
3) Iraq has repeatedly stated they are no longer a threat. Based on the legal basis for Chapter VII, Iraq’s claim gains a significantly higher level of importance in the termination of Chapter VII.
4) From various articles it is apparent that the SC may be walking a thin line in not favoring either Iraq or Kuwait.
5) The UNAMI program is NOT under Chapter VII.
6) The new UNAMI Representative made several references to a change in the UNAMI mission is his presentation to the SC yesterday that would coincide with assuming responsibility for Chapter VII issues.
7) UNAMI personnel are already assisting in the resolution of some of the items under Chapter VII.
8) There has also been reference in several articles to moving the items under Chapter VII for a bilateral resolution.
9) All Chapter VII items are "Saddam era resolutions" with the exception of the DFI fund, which was established in 2003.
10) The majority of the outstanding issues could be moved under the UNAMI umbrella with the exception of the DFI fund and the compensation to Kuwait. The legal authority for the DFI immunity comes from Chapter VII.
11) 5% of all Iraq’s revenues that are deposited into the DFI fund are transferred to the Compensation Fund.
12) The Secretary General in his July 27, 2009 report stated that Iraq had completed all their obligations related to payment of compensation with the exception of the $25.2 billion to Kuwait.
13) Now here is the big IF. If the US has cut a deal with Kuwait to reimburse them for the 25.2 billion, the necessity for the Compensation Fund and the 5% go away. If all claims have been settled there would not be a need for immunity. The IAMB has also already recommended that the DFI fund be turned over to COFE, which is Iraq. Therefore the DFI issue also becomes a moot point.
14) UNAMI could administer the remaining areas, with the possible exception of disarmament. The Secretary General’s report stated that most of the resolutions concerning weapons of mass destruction etc have been resolved. This would probably require resolution under Chapter VII. The SC president stated in his press conference “ In part, Council members expect Iraq to sign up to international norms concerning its weapons of mass destruction”.
15) The complexity of transferring the current Chapter VII items to the UNAMI mission statement and developing a new resolution could account for the multiple meetings, the rescheduling of meetings and extended discussions. All issues would have to be resolved in order to approve a new UNAMI resolution on Friday which includes the Chapter VII issues.
What might we expect to see?
The new UNAMI resolution on Friday would include a reference to the new areas of responsibility. This would be followed by a second resolution terminating Chapter VII.
This would solve the issue of the SC having to choose sides, Iraq or Kuwait. The Kuwait issues are kept under the “UN umbrella” and Iraq comes out from under Chapter VII.
Sounds like a win win situation to me. Let’s see how it plays out--Windreader1
It certainly knocks a hole my theory. Back to the drawing board
CHAPTER VII--GOING, GOING, GONE
8/5/09
By Windreader1
A number of inconsistencies are evident in the UN documents and time frames associated with the handling of the new UNAMI resolution.
1) The existing UNAMI resolution (1830) is approximately 2¼ pages in length with only six items. To renew the resolution should only require changing the dates. Why has the SC had two meetings with a third scheduled over a document that could have been approved in one meeting?
2) Why was it necessary to have a closed-door consultation regarding UNAMI?
3) Why is the meeting on Friday scheduled as an UNAMI meeting to vote on the resolution but the current President of the SC states it will be to discuss “Saddam era resolutions”?
4) Why the rush and rescheduling of meetings if the intent is just to extend the existing UNAMI mandate?
5) Why has Kuwait after weeks and weeks of complaining, flying all over the world to meet with voting SC members, whose bigwig immediately hopped a plane to meet with Obama after Obama publicly stated that Iraq had the US support for the termination of Chapter VII, gone silent.
6) Why has the terminology used by Kuwait changed from Chapter VII to “under UN umbrella?”
7) Why was Kuwait not at the table in the meeting along with Iraq as Chapter VII resolution was a topic of discussion in connection with UNAMI?
8) Why has Iraq continually re-enforced the fact that they no longer “constitute a threat to international peace and security.”?
There is one possible answer. The outstanding Chapter VII issues are going to be moved into the UNAMI program for resolution. This would then allow the SC to terminate Chapter VII.
Here is why.
1) Chapter VII is the enforcement authority by which the SC can legally impose sanctions (economic and military). “Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
2) Resolution 660 (1990) was the first resolution against Iraq in which the UN “determining that there exists a breach of international peace and security as regards the Iraqi invasion of Kuwait.” Chapter VII was enacted under Resolution 661 (1990) and it reaffirmed the above referenced statement.
3) Iraq has repeatedly stated they are no longer a threat. Based on the legal basis for Chapter VII, Iraq’s claim gains a significantly higher level of importance in the termination of Chapter VII.
4) From various articles it is apparent that the SC may be walking a thin line in not favoring either Iraq or Kuwait.
5) The UNAMI program is NOT under Chapter VII.
6) The new UNAMI Representative made several references to a change in the UNAMI mission is his presentation to the SC yesterday that would coincide with assuming responsibility for Chapter VII issues.
7) UNAMI personnel are already assisting in the resolution of some of the items under Chapter VII.
8) There has also been reference in several articles to moving the items under Chapter VII for a bilateral resolution.
9) All Chapter VII items are "Saddam era resolutions" with the exception of the DFI fund, which was established in 2003.
10) The majority of the outstanding issues could be moved under the UNAMI umbrella with the exception of the DFI fund and the compensation to Kuwait. The legal authority for the DFI immunity comes from Chapter VII.
11) 5% of all Iraq’s revenues that are deposited into the DFI fund are transferred to the Compensation Fund.
12) The Secretary General in his July 27, 2009 report stated that Iraq had completed all their obligations related to payment of compensation with the exception of the $25.2 billion to Kuwait.
13) Now here is the big IF. If the US has cut a deal with Kuwait to reimburse them for the 25.2 billion, the necessity for the Compensation Fund and the 5% go away. If all claims have been settled there would not be a need for immunity. The IAMB has also already recommended that the DFI fund be turned over to COFE, which is Iraq. Therefore the DFI issue also becomes a moot point.
14) UNAMI could administer the remaining areas, with the possible exception of disarmament. The Secretary General’s report stated that most of the resolutions concerning weapons of mass destruction etc have been resolved. This would probably require resolution under Chapter VII. The SC president stated in his press conference “ In part, Council members expect Iraq to sign up to international norms concerning its weapons of mass destruction”.
15) The complexity of transferring the current Chapter VII items to the UNAMI mission statement and developing a new resolution could account for the multiple meetings, the rescheduling of meetings and extended discussions. All issues would have to be resolved in order to approve a new UNAMI resolution on Friday which includes the Chapter VII issues.
What might we expect to see?
The new UNAMI resolution on Friday would include a reference to the new areas of responsibility. This would be followed by a second resolution terminating Chapter VII.
This would solve the issue of the SC having to choose sides, Iraq or Kuwait. The Kuwait issues are kept under the “UN umbrella” and Iraq comes out from under Chapter VII.
Sounds like a win win situation to me. Let’s see how it plays out--Windreader1
Last edited by windreader1 on Fri Aug 07, 2009 4:07 pm; edited 1 time in total
