More “food for thought” issues regarding Chapter VII. There continue to be numerous rumors and opinions stating that termination of Chapter VII is imminent. Unfortunately I don’t see an immediate release from Chapter VII. Here is why.
1) The March 31, 2011 UNAMI report specifically states “Making progress on these outstanding issues (issues with Kuwait), as indicated in my report of 27 July2009, pursuant to paragraph 5 of Security Council resolution 1859 (2008) (S/2009/385), remains a prerequisite for the normalization of Iraq’s international standing equal to that which it held prior to the adoption of resolution 661 (1990).” It doesn’t get much plainer than that.
2) For Chapter VII to be completely lifted requires the termination of Resolution 661.
3) The Security Council did not completely terminate the three sanctions in the Dec/2010 resolutions. They included conditions that still had to be met.
4) DFI fund--immunity and control is set to end June 30, 2011 with a status report from Iraq due on May 1, 2011. Not all issues with the DFI fund will expire on June 30th. Resolution 1956 requested the Secretary General to continue to provide reports regarding the compensation fund (5% that gets paid to Kuwait) starting January 1, 2012. Unless a bulk payment is made to cancel the debt, the collection of the 5% of revenues would require extending Chapter VII.
5) The sanctions committee which was established under Chapter VII to oversee the individuals and entities whose funds have been frozen admonished the Security Council in its Jan/2011 report. The committee stated “The Security Council may wish to consider revisiting the issue of the Committee’s mandate, pursuant to paragraph 3 of resolution 1518 (2003), and in the light of the changing circumstances in Iraq. In this connection the Committee wishes to recall that by paragraph 5 of its resolution 1956 (2010), the Council directed the termination of the Development Fund for Iraq no later than 30 June 2011. The Committee notes that the termination of the Development Fund for Iraq could affect the ability of States to transfer funds in accordance with paragraph 23 of resolution 1483 (2003)".
6) The Governing Council of the United Nations Compensation Commission issued a report which was also critical of the need for continued controls regarding the compensation payments. “With regard to the consultations between Iraq and Kuwait under the auspices of the UNCC on the unpaid balance of approximately $22.9 billion that will remain owing to Kuwait following the payment of 29 April 2010, the Working Group reiterated the paramount importance of a resolution on this issue”.
7) Termination of the weapons of mass destruction sanction is to be reviewed in Dec/2011 to determine if Iraq has complied with the requirement to ratify the Additional Protocol. To date, I have not seen any article out of Iraq that states the government has ratified this protocol.
8) Oil for food program--Chapter VII Resolution authorized establishing two escrow accounts for the United Nations. One for 20 million and a second for 131 million and both funds are to be held until 2016. The 20 million is to pay for costs associated with the termination of the oil for food program and the high level coordinator’s expenses. The 131 million is to provide indemnification for the UN. Both funds are to be held until 2016 with the first report regarding the two escrow accounts due March 31, 2012. The big question here is whether the UN can legally hold Iraqi funds unless it is done under Chapter VII.
9) Any item on the Security Council’s agenda that has not had a formal meeting in the last five years is subject to being cancelled unless a member requests that it be retained. In February 2011, Kuwait requested the situation between Iraq and Kuwait be retained on the Security Council’s agenda. These are the issues regarding boundaries, missing persons and property. Kuwait is obviously not ready for this issue to be concluded. An interesting side note, is that Iran also made the same request which was to retain the issues between Iran and Iraq on the Security Council agenda.
S/2011/10/Add.5
The following list sets out those items of which the Security Council is seized
that have not been considered by the Council at a formal meeting during the period
from 1 January 2008 to 5 February 2011. The list indicates the date on which each
item was first taken up by the Council at a formal meeting, and the date of the most
recent formal Council meeting held on that item.
72. The situation between Iran and Iraq (26 September 1980; 31 January 1991).
78. The situation between Iraq and Kuwait (2 August 1990; 11 April 2005).
10) On March 3, 2011 the Secretary General requested approval to pay for the activities of the High-level Coordinator until June 30, 2011. The extension of this position was approved for another six months in December/2011. In June, this will likely be extended for another six months if the issues with Kuwait have not been resolved. The High-level Coordinator, whose position was established under Chapter VII, is responsible for overseeing the resolution of the issues with Kuwait.
11) The UNAMI report also addressed a multitude of security issues in Iraq. This raises the question whether the Security Council would release Iraq from Chapter VII without clear assurance that a stable government is in control.
12) Ensuring the protection of the Iraq funds is an ongoing issue. The latest report indicates that two accounts have been established in the US for the transfer of the DFI funds. What I find very interesting is that a progress report from Iraq was due on May 1 which is two months out from the June 30th deadline. This is an unusual time frame for a report.
13) Potential claims from unidentified creditors has become a major issue over the last few months. This was prompted by the successful filing of a lawsuit by Kuwait Airlines in the British and Canadian court systems. Iraq has addressed this issue in their reports to the IMF. I also expect the May 1st report will address this issue as it does affect the DFI funds.
1) The March 31, 2011 UNAMI report specifically states “Making progress on these outstanding issues (issues with Kuwait), as indicated in my report of 27 July2009, pursuant to paragraph 5 of Security Council resolution 1859 (2008) (S/2009/385), remains a prerequisite for the normalization of Iraq’s international standing equal to that which it held prior to the adoption of resolution 661 (1990).” It doesn’t get much plainer than that.
2) For Chapter VII to be completely lifted requires the termination of Resolution 661.
3) The Security Council did not completely terminate the three sanctions in the Dec/2010 resolutions. They included conditions that still had to be met.
4) DFI fund--immunity and control is set to end June 30, 2011 with a status report from Iraq due on May 1, 2011. Not all issues with the DFI fund will expire on June 30th. Resolution 1956 requested the Secretary General to continue to provide reports regarding the compensation fund (5% that gets paid to Kuwait) starting January 1, 2012. Unless a bulk payment is made to cancel the debt, the collection of the 5% of revenues would require extending Chapter VII.
5) The sanctions committee which was established under Chapter VII to oversee the individuals and entities whose funds have been frozen admonished the Security Council in its Jan/2011 report. The committee stated “The Security Council may wish to consider revisiting the issue of the Committee’s mandate, pursuant to paragraph 3 of resolution 1518 (2003), and in the light of the changing circumstances in Iraq. In this connection the Committee wishes to recall that by paragraph 5 of its resolution 1956 (2010), the Council directed the termination of the Development Fund for Iraq no later than 30 June 2011. The Committee notes that the termination of the Development Fund for Iraq could affect the ability of States to transfer funds in accordance with paragraph 23 of resolution 1483 (2003)".
6) The Governing Council of the United Nations Compensation Commission issued a report which was also critical of the need for continued controls regarding the compensation payments. “With regard to the consultations between Iraq and Kuwait under the auspices of the UNCC on the unpaid balance of approximately $22.9 billion that will remain owing to Kuwait following the payment of 29 April 2010, the Working Group reiterated the paramount importance of a resolution on this issue”.
7) Termination of the weapons of mass destruction sanction is to be reviewed in Dec/2011 to determine if Iraq has complied with the requirement to ratify the Additional Protocol. To date, I have not seen any article out of Iraq that states the government has ratified this protocol.
8) Oil for food program--Chapter VII Resolution authorized establishing two escrow accounts for the United Nations. One for 20 million and a second for 131 million and both funds are to be held until 2016. The 20 million is to pay for costs associated with the termination of the oil for food program and the high level coordinator’s expenses. The 131 million is to provide indemnification for the UN. Both funds are to be held until 2016 with the first report regarding the two escrow accounts due March 31, 2012. The big question here is whether the UN can legally hold Iraqi funds unless it is done under Chapter VII.
9) Any item on the Security Council’s agenda that has not had a formal meeting in the last five years is subject to being cancelled unless a member requests that it be retained. In February 2011, Kuwait requested the situation between Iraq and Kuwait be retained on the Security Council’s agenda. These are the issues regarding boundaries, missing persons and property. Kuwait is obviously not ready for this issue to be concluded. An interesting side note, is that Iran also made the same request which was to retain the issues between Iran and Iraq on the Security Council agenda.
S/2011/10/Add.5
The following list sets out those items of which the Security Council is seized
that have not been considered by the Council at a formal meeting during the period
from 1 January 2008 to 5 February 2011. The list indicates the date on which each
item was first taken up by the Council at a formal meeting, and the date of the most
recent formal Council meeting held on that item.
72. The situation between Iran and Iraq (26 September 1980; 31 January 1991).
78. The situation between Iraq and Kuwait (2 August 1990; 11 April 2005).
10) On March 3, 2011 the Secretary General requested approval to pay for the activities of the High-level Coordinator until June 30, 2011. The extension of this position was approved for another six months in December/2011. In June, this will likely be extended for another six months if the issues with Kuwait have not been resolved. The High-level Coordinator, whose position was established under Chapter VII, is responsible for overseeing the resolution of the issues with Kuwait.
11) The UNAMI report also addressed a multitude of security issues in Iraq. This raises the question whether the Security Council would release Iraq from Chapter VII without clear assurance that a stable government is in control.
12) Ensuring the protection of the Iraq funds is an ongoing issue. The latest report indicates that two accounts have been established in the US for the transfer of the DFI funds. What I find very interesting is that a progress report from Iraq was due on May 1 which is two months out from the June 30th deadline. This is an unusual time frame for a report.
13) Potential claims from unidentified creditors has become a major issue over the last few months. This was prompted by the successful filing of a lawsuit by Kuwait Airlines in the British and Canadian court systems. Iraq has addressed this issue in their reports to the IMF. I also expect the May 1st report will address this issue as it does affect the DFI funds.
