Vienna, 14 November 1997/P/K/15721c-is
In a five-point Memorandum on the United Nations sanctions and monitoring
regime in Iraq submitted to the President of the Security Council, the
President of the International Progress Organization today has outlined
the following principles for the implementation of the Security Council
resolutions in conformity with basic principles of international law:
- The monitoring regime of UNSCOM should be carried out on the basis
of scientific objectivity and political neutrality. It goes without saying
that this implies that the weapons inspectors should come from neutral
countries, i.e. from countries that did not participate in the armed confrontation
in 1991. The credibility of the whole United Nations monitoring system
is at stake if the Security Council allows this instrument to be used for
purposes other than stated in the cease-fire resolution of 1991. The I.P.O.
suggests that the monitoring team will be reconstituted on the basis of
objectivity and neutrality as soon as possible.
- As Security Council resolution 687 (1991) in operative paragraph 22
de facto makes the Councilís agreement on a final report of the
weapons inspectors conditional for the lifting of the oil embargo imposed
on Iraq, the Security Council should set a clear and precise framework
for the remaining inspection measures in regard to their scope and timing.
The fate of millions of Iraqi citizens depends on the work of the UNSCOM
- The comprehensive sanctions regime, as applied by the Security Councilís
Sanctions Committee since 1990, has brought about an intolerable situation
for the population of Iraq in terms of basic human rights. As documented
in many reports of intergovernmental agencies and humanitarian organizations,
the sanctions have caused a serious food and health crisis in Iraq leading
to the death of many children, sick and elderly people. The basic human
right to life, to adequate nutrition and healthcare is being negated by
the present sanctions regime. Neither the United Nations Organization nor
any other intergovernmental organization or group of states has the right
to suspend the basic human rights of a whole people. Those rights form
part of the jus cogens of general international law.
- In conformity with Art. 54 (1) of the First Additional Protocol to
the Geneva Conventions, starvation of civilians is strictly prohibited.
As stated by many scholars of international law, this principle is to be
applied not only in times of war but also in regard to coercive measures
in accordance with Chapter VII of the Charter. In conformity with Art.
65 of the Statute of the International Court of Justice, an advisory opinion
should be sought from the Court on this important matter. As early as 1899
the Preamble to the Second Hague Convention stated that the civilian population
remains "under the protections and the rule of the principles of the
law of nations, as they result from the usages established among civilized
peoples, from the laws of humanity, and the dictates of public conscience."
In its treatment of the population of Iraq, the Security Council should
not fall behind those long-recognized humanitarian standards.
- The International Progress Organization holds the view that the Security
Councilís statutory aim, on the basis of Art. 24 of the Charter, of maintaining
peace and security cannot be realized unless all states of the region
are subjected to the same standards of international law. The legitimacy
of the United Nations enforcement system is at stake if the Security Council
tolerates continued occupation in Palestine and if only one countryís
arms capabilities are dismantled while another state in the region still
possesses huge stockpiles of arms of mass destruction including nuclear