Resolution 687 (1991)
April 3, 1991
Adopted by
the Security Council at its 2981st meeting
The Security
Council,
Recalling its resolutions 660 (1990)
of 2 August 1990, 661 (1990) of 6 August 1990, 662 (1990) of 9
August 1990, 664 (1990) of 18 August 1990, 665 (1990) of 25 August
1990, 666 (1990) of 13 September 1990, 667 (1990) of 16 September
1990, 669 (1990) of 24 September 1990, 670 (1990) of 25 September
1990, 674 (1990) of 29 October 1990, 677 (1990) of 28 November
1990, 678 (1990) of 29 November 1990 and 686 (1991) of 2 March
1991,
Welcoming the restoration to Kuwait of its sovereignty,
independence and territorial integrity and the return of its legitimate
Government,
Affirming the commitment of all Member States to
the sovereignty, territorial integrity and political independence
of Kuwait and Iraq, and noting the intention expressed by the
Member States cooperating with Kuwait under paragraph 2 of resolution
678 (1990) to bring their military presence in Iraq to an end
as soon as possible consistent with paragraph 8 of resolution
686 (1991),
Reaffirming the need to be assured of Iraq's peaceful
intentions in the light of its unlawful invasion and occupation
of Kuwait.
Taking note of the letter sent by the Minister
for Foreign Affairs of Iraq on 27 February 1991 and those sent
pursuant to resolution 686 (1991),
Noting that Iraq and Kuwait, as independent sovereign
States, signed at Baghdad on 4 October 1963 "Agreed Minutes
Between the State of Kuwait and the Republic of Iraq Regarding
the Restoration of Friendly Relations, Recognition and Related
Matters", thereby recognizing formally the boundary between
Iraq and Kuwait and the allocation of islands, which were registered
with the United Nations in accordance with Article 102 of the
Charter of the United Nations and in which Iraq recognized the
independence and complete sovereignty of the State of Kuwait within
its borders as specified and accepted in the letter of the Prime
Minister of Iraq dated 21 July 1932, and as accepted by the Ruler
of Kuwait in his letter dated 10 August 1932,
Conscious of the need for demarcation of the said
boundary,
Conscious also of the statements by Iraq threatening
to use weapons in violation of its obligations under the Geneva
Protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous or Other Gases, and of Bacteriological Methods of Warfare,
signed at Geneva on 17 June 1925, and of its prior use of chemical
weapons and affirming that grave consequences would follow any
further use by Iraq of such weapons,
Recalling that Iraq has subscribed to the Declaration
adopted by all States participating in the Conference of States
Parties to the 1925 Geneva Protocol and Other Interested States,
held in Paris from 7 to 11 January 1989, establishing the objective
of universal elimination of chemical and biological weapons,
Recalling also that Iraq has signed the Convention
on the Prohibition of the Development, Production and Stockpiling
of Bacteriological (Biological) and Toxin weapons and on Their
Destruction, of 10 April 1972,
Noting the importance of Iraq ratifying this Convention,
Noting moreover the importance of all States adhering
to this Convention and encouraging its forthcoming Review Conference
to reinforce the authority, efficiency and universal scope of
the convention,
Stressing the importance of an early conclusion
by the Conference on Disarmament of its work on a Convention on
the Universal Prohibition of Chemical Weapons and of universal
adherence thereto,
Aware of the use by Iraq of ballistic missiles
in unprovoked attacks and therefore of the need to take specific
measures in regard to such missiles located in Iraq,
Concerned by the reports in the hands of Member
States that Iraq has attempted to acquire materials for a nuclear-weapons
programme contrary to its obligations under the Treaty on the
Non-Proliferation of Nuclear Weapons of 1 July 1968,
Recalling the objective of the establishment of
a nuclear- weapons-free zone in the region of the Middle East,
Conscious of the threat that all weapons of mass
destruction pose to peace and security in the area and of the
need to work towards the establishment in the Middle East of a
zone free of such weapons,
Conscious also of the objective of achieving balanced
and comprehensive control of armaments in the region,
Conscious further of the importance of achieving
the objectives noted above using all available means, including
a dialogue among the States of the region,
Noting that resolution 686 (1991) marked the lifting
of the measures imposed by resolution 661 (1990) in so far as
they applied to Kuwait,
Noting that despite the progress being made in
fulfilling the obligations of resolution 686 (1991), many Kuwaiti
and third country nationals are still not accounted for and property
remains unreturned,
Recalling the International Convention against
the Taking of Hostages, opened for signature at New York on 18
December 1979, which categorizes all acts of taking hostages as
manifestations of international terrorism,
Deploring threats made by Iraq during the recent
conflict to make use of terrorism against targets outside Iraq
and the taking of hostages by Iraq,
Taking note with grave concern of the reports of
the Secretary-General of 20 March 1991 and 28 March 1991, and
conscious of the necessity to meet urgently the humanitarian needs
in Kuwait and Iraq,
Bearing in mind its objective of restoring international
peace and security in the area as set out in recent resolutions
of the Security Council,
Conscious of the need to take the following measures
acting under Chapter VII of the Charter,
1. Affirms all thirteen resolutions noted above,
except as expressly changed below to achieve the goals of this
resolution, including a formal cease-fire:
A
2. Demands that Iraq and Kuwait respect the inviolability of the
international boundary and the allocation of islands set out in
the "Agreed Minutes Between the State of Kuwait and the Republic
of Iraq Regarding the Restoration of Friendly Relations, Recognition
and Related Matters", signed by them in the exercise of their
sovereignty at Baghdad on 4 October 1963 and registered with the
United Nations and published by the United Nations in document
7063, United Nations, Treaty Series, 1964;
3. Calls upon the Secretary-General to lend his
assistance to make arrangements with Iraq and Kuwait to demarcate
the boundary between Iraq and Kuwait, drawing on appropriate material,
including the map transmitted by Security Council document S/22412
and to report back to the Security Council within one month;
4. Decides to guarantee the inviolability of the
above-mentioned international boundary and to take as appropriate
all necessary measures to that end in accordance with the Charter
of the United Nations;
B
5. Requests the Secretary-General, after consulting with Iraq
and Kuwait, to submit within three days to the Security Council
for its approval a plan for the immediate deployment of a United
Nations observer unit to monitor the Khor Abdullah and a demilitarized
zone, which is hereby established, extending ten kilometres into
Iraq and five kilometres into Kuwait from the boundary referred
to in the "Agreed Minutes Between the State of Kuwait and
the Republic of Iraq Regarding the Restoration of Friendly Relations,
Recognition and Related Matters" of 4 October 1963; to deter
violations of the boundary through its presence in and surveillance
of the demilitarized zone; to observe any hostile or potentially
hostile action mounted from the territory of one State to the
other; and for the Secretary-General to report regularly to the
Security Council on the operations of the unit, and immediately
if there are serious violations of the zone or potential threats
to peace;
6. Notes that as soon as the Secretary-General
notifies the Security Council of the completion of the deployment
of the United Nations observer unit, the conditions will be established
for the Member States cooperating with Kuwait in accordance with
resolution 678 (1990) to bring their military presence in Iraq
to an end consistent with resolution 686 (1991);
C
7. Invites Iraq to reaffirm unconditionally its obligations under
the Geneva Protocol for the Prohibition of the Use in War of Asphyxiating
Poisonous or Other Gases, and of Bacteriological Methods of Warfare,
signed at Geneva on 17 June 1925, and to ratify the Convention
on the Prohibition of the Development, Production and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and on Their
Destruction, of 10 April 1972;
8. Decides that shall unconditionally accept the
destruction, removal, or rendering harmless, under international
supervision, of:
- All chemical and biological weapons and all
stocks of agents and all related subsystems and components and
all research, development, support and manufacturing facilities;
- All ballistic missiles with a range
greater than 150 kilometres and related major parts, and repair
and production facilities;
9. Decides, for the implementation of paragraph
8 above, the following:
- Iraq shall submit to the Secretary-General,
within fifteen days of the adoption of the present resolution,
a declaration of the locations, amounts and types of all items
specified in paragraph 8 and agree to urgent, on-site inspection
as specified below;
- The Secretary-General, in consultation
with the appropriate Governments and, where appropriate, with
the Director-General of the World Health Organization, within
forty-five days of the passage of the present resolution, shall
develop, and submit to the Council for approval, a plan calling
for the completion of the following acts within forty-five days
of such approval:
- The forming of a Special Commission, which
shall carry out immediate on-site inspection of Iraq's biological,
chemical and missile capabilities, based on Iraq's declarations
and the designation of any additional locations by the Special
Commission itself;
- The yielding by Iraq of possession to
the Special Commission for destruction, removal or rendering
harmless, taking into account the requirements of public
safety, of all items specified under paragraph 8 (a) above,
including items at the additional locations designated by
the Special Commission under paragraph 9 (b) (i) above and
the destruction by Iraq, under the supervision of the Special
Commission, of all its missile capabilities, including launchers,
as specified under paragraph 8 (b) above;
- The provision by
the Special Commission of the assistance and cooperation
to the Director-General of the International Atomic Energy
Agency required in paragraphs 12 and 13 below;
10. Decides that Iraq shall unconditionally undertake
not to use, develop, construct or acquire any of the items specified
in paragraphs 8 and 9 above and requests the Secretary-General,
in consultation with the Special Commission, to develop a plan
for the future ongoing monitoring and verification of Iraq's compliance
with this paragraph. to be submitted to the Security Council for
approval within one hundred and twenty days of the passage of
this resolution;
11. Invites Iraq to reaffirm unconditionally its
obligations under the Treaty on the Non-Proliferation of Nuclear
Weapons of 1 July 1968;
12. Decides that Iraq shall unconditionally agree
not to acquire or develop nuclear weapons or nuclear-weapons-usable
material or any subsystems or components or any research, development,
support or manufacturing facilities related to the above; to submit
to the Secretary-General and the Director-General of the International
Atomic Energy Agency within fifteen days of the adoption of the
present resolution a declaration of the locations, amounts, and
types of all items specified above; to place all of its nuclear-weapons-usable
materials under the exclusive control, for custody and removal,
of the International Atomic Energy Agency, with the assistance
and cooperation of the Special Commission as provided for in the
plan of the Secretary-General discussed in paragraph 9 (b) above;
to accept, in accordance with the arrangements provided for in
paragraph 13 below, urgent on-site inspection and the destruction,
removal or rendering harmless as appropriate of all items specified
above; and to accept the plan discussed in paragraph 13 below
for the future ongoing monitoring and verification of its compliance
with these undertakings;
13. Requests the Director-General of the International
Atomic Energy Agency, through the Secretary-General, with the
assistance and cooperation of the Special Commission as provided
for in the plan of the Secretary-General in paragraph 9 (b) above,
to carry out immediate on-site inspection of Iraq's nuclear capabilities
based on Iraq's declarations and the designation of any additional
locations by the Special Commission; to develop a plan for submission
to the Security Council within forty-five days calling for the
destruction, removal, or rendering harmless as appropriate of
all items listed in paragraph 12 above; to carry out the plan
within forty-five days following approval by the Security Council;
and to develop a plan, taking into account the rights and obligations
of Iraq under the Treaty on the Non-Proliferation of Nuclear Weapons
of 1 July 1968, for the future ongoing monitoring and verification
of Iraq's compliance with paragraph 12 above, including an inventory
of all nuclear material in Iraq subject to the Agency's verification
and inspections of the International Atomic Energy Agency to confirm
that the Agency's safeguards cover all relevant nuclear activities
in Iraq, to be submitted to the Security Council for approval
within one hundred and twenty days of the passage of the present
resolution;
14. Takes note that the actions to be taken by
Iraq in paragraphs 8, 9, 10, 11, 12 and 13 of the present resolution
represent steps towards the goal of establishing in the Middle
East a zone free from weapons of mass destruction and all missiles
for their delivery and the objective of a global ban on chemical
weapons:
D
15. Requests the Secretary-General to report to the Security Council
on the steps taken to facilitate the return of all Kuwaiti property
seized by Iraq, including a list of any property that Kuwait claims
has not been returned or which has not been returned intact;
E
16. Reaffirms that Iraq, without prejudice to the debts and obligations
of Iraq arising prior to 2 August 1990, which will be addressed
through the normal mechanisms, is liable under international law
for any direct loss, damage, including environmental damage and
the depletion of natural resources, or injury to foreign Governments,
nationals and corporations, as a result of Iraq's unlawful invasion
and occupation of Kuwait;
17. Decides that all Iraqi statements made since
2 August 1990 repudiating its foreign debt are null and void,
and demands that Iraq adhere scrupulously to all of its obligations
concerning servicing and repayment of its foreign debt;
18. Decides also to create a fund to pay compensation
for claims that fall within paragraph 16 above and to establish
a Commission that will administer the fund;
19. Directs the Secretary-General to develop and
present to the Security Council for decision, no later than thirty
days following the adoption of the present resolution, recommendations
for the fund to meet the requirement for the programme to implement
the decisions in paragraphs 16, 17 and 18 above, including: administration
of the fund; mechanisms for determining the appropriate level
of Iraq's contribution to the fund based on a percentage of the
value of the exports of petroleum and petroleum products from
Iraq not to exceed a figure to be suggested to the Council by
the Secretary-General, taking into account the requirements of
the people of Iraq, Iraq's payment capacity as assessed in conjunction
with the international financial institutions taking into consideration
external debt service, and the needs of the Iraqi economy; arrangements
for ensuring that payments are made to the fund; the process by
which funds will be allocated and claims paid; appropriate procedures
for evaluating losses, listing claims and verifying their validity
and resolving disputed claims in respect of Iraq's liability as
specified in paragraph 16 above; and the composition of the Commission
designated above.
F
20. Decides, effective immediately, that the prohibitions against
the sale or supply to Iraq of commodities or products, other than
medicine and health supplies, and prohibitions against financial
transactions related thereto contained in resolution 661 (1990)
shall not apply to foodstuffs notified to the Security Council
Committee established by resolution 661 (1990) concerning the
situation between Iraq and Kuwait or, with the approval of that
Committee, under the simplified and accelerated "no-objection"
procedure, to materials and supplies for essential civilian needs
as identified in the report of the Secretary-General dated 20
March 19919, and in any further findings of humanitarian need
by the Committee;
21. Decides that the Security Council shall review
the provisions of paragraph 20 above every sixty days in the light
of the policies and practices of the Government of Iraq, including
the implementation of all relevant resolutions of the Security
Council, for the purpose of determining whether to reduce or lift
the prohibitions referred to therein;
22. Decides that upon the approval by the Security
Council of the programme called for in paragraph 19 above and
upon Council agreement that Iraq has completed all actions contemplated
in paragraphs 8, 9, 10, 11, 12 and 13 above, the prohibitions
against the import of commodities and products originating in
Iraq and the prohibitions against financial transactions related
thereto contained in resolution 661 (1990) shall have no further
force or effect;
23. Decides that, pending action by the Security
Council Committee established by resolution 661 (1990) shall be
empowered to approve, when required to assure adequate financial
resources on the part of Iraq to carry out the activities under
paragraph 20 above, exceptions to the prohibition against the
import of commodities and products originating in Iraq;
24. Decides that, in accordance with resolution
661 (1990) and subsequent related resolutions and until a further
decision is taken by the Security Council, all States shall continue
to prevent the scale or supply, or the promotion or facilitation
of such sale or supply, to Iraq by their nationals, or from their
territories or using their flag vessels or aircraft, of:
- Arms and related matérial of all types,
specifically including the sale or transfer through
other means of all forms of conventional military equipment,
including for paramilitary forces, and spare parts and components
and their means of production, for such equipment;
- Items specified and defined in paragraphs
8 and 12 above not otherwise covered above;
- Technology under licensing or other transfer
arrangements used in the production, utilization or stockpiling
of items specified in subparagraphs (a) and (b) above;
- Personnel or materials
for training or technical support services relating to the design,
development, manufacture, use, maintenance or support of items
specified in subparagraphs (a) and (b) above;
25. Calls upon all States and international organizations
to act strictly in accordance with paragraph 24 above, notwithstanding
the existence of any contracts, agreements, licenses of any other
arrangements;
26. Requests the Secretary-General, in consultation
with appropriate Governments, to develop within sixty days, for
the approval of the security Council, guidelines to facilitate
full international implementation of paragraphs 24 and 25 above
and paragraph 27 below, and to make them available to all States
and to establish a procedure for updating these guidelines periodically;
27. Calls upon all States to maintain such national
controls and procedures and to take such other actions consistent
with the guidelines to be established by the Security Council
under paragraph 26 above as may be necessary to ensure compliance
with the terms of paragraph 24 above, and calls upon international
organizations to take all appropriate steps to assist in ensuring
such full compliance;
28. Agrees to review its decisions in paragraphs
22,23,24 and 25 above, except for the items specified and defined
in paragraphs 8 and 12 above, on a regular basis and in any case
one hundred and twenty days following passage of the present resolution,
taking into account Iraq's compliance with the resolution and
general progress towards the control of armaments in the region;
29. Decides that all States, including Iraq, shall
take the necessary measures to ensure that no claim shall lie
at the instance of the Government of Iraq, or of any person or
body in Iraq, or of any person claiming through or for the benefit
of any such person or body, in connection with any contract or
other transaction where its performance was affected by reason
of the measures taken by the Security Council in resolution 661
(1990) and related resolutions;
G
30. Decides that, in furtherance of its commitment to facilitate
the repatriation of all Kuwaiti and third country nationals, Iraq
shall extend all necessary cooperation to the International Committee
of the Red Cross, providing lists of such persons, facilitating
the access of the International Committee of the Red Cross to
all such persons wherever located or detained and facilitating
the search by the International Committee of the Red Cross for
those Kuwaiti and third country nationals still unaccounted for;
31. Invites the International Committee of the
Red Cross to keep the Secretary-General apprised as appropriate
of all activities undertaken in connection with facilitating the
repatriation or return of all Kuwaiti and third country nationals
or their remains present in Iraq on or after 2 August 1990;
H
32. Requires Iraq to inform the Security Council that it will
not commit or support any act of international terrorism or allow
any organization directed towards commission of such acts to operate
within its territory and to condemn unequivocally and renounce
all acts, methods and practices of terrorism;
I
33. Declares that, upon official notification by Iraq to the Secretary-General
and to the Security Council of its acceptance of the provisions
above, a formal cease-fire is effective between Iraq and Kuwait
and the Member States cooperating with Kuwait in accordance with
resolution 678 (1990);
34. Decides to remain seized of the matter and
to take such further steps as may be required for the implementation
of the present resolution and to secure peace and security in
the area.
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