Order Code IB92117
CRS Issue Brief for Congress Received through the CRS Web Iraq: Weapons Programs, U.N. Requirements, and U.S. Policy Updated September 2, 2003 Kenneth Katzman Foreign Affairs, Defense, and Trade Division Congressional Research Service ̃ The Library of Congress
CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
History of Weapons Inspections 1997-1998 Crises Operation Desert Fox and Resolution 1284 “Axis of Evil” and U.S. Policy Resolution 1441 Wartime and Post-War WMD Search Post-War Fallout Nuclear Program Post-War Findings Chemical Weapons Post-War Findings Biological Weapons Post-War Findings Ballistic Missiles Post-War Findings Human Rights/War Crimes Issues Post-War Findings Support for International Terrorism Post-War Status Iraq-Kuwait Issues Border Issues/Kuwaiti Sovereignty Kuwaiti Detainees and Property Post-War Findings Reparations Payments Unwinding the Containment Policy Reconstruction and Ending the Oil-for-Food Program Changing U.S. Military Deployments Costs of Containment Fitting Iraq’s Ethnicities into the Post-War Political Structure Kurds/Operation Northern Watch (ONW) Shiite Muslims/Operation Southern Watch
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Iraq: Weapons Programs, U.N. Requirements, and U.S. Policy SUMMARY After asserting that Iraq had failed to comply with U.N. Security Council resolu- tions that require Iraq to rid itself of weapons of mass destruction (WMD), the Bush Admin- istration began military action against Iraq on March 19, 2003, and the regime of Saddam Hussein fell on April 9. Since then, U.S.
teams have been attempting to uncover Iraq’s suspected weapons of mass destruction (WMD) stockpiles, but only minor finds of WMD technology have been reported thus far.
Part of the pre-war debate over U.S.
policy centered on whether Iraq’s WMD programs could be ended through U.N. weap- ons inspections. During 1991-1998, a U.N.
Special Commission on Iraq (UNSCOM) made considerable progress in dismantling and monitoring Iraq’s WMD but was unable to finish verifying Iraq’s claim that it has destroyed all its WMD or related equipment.
Iraq’s refusal of full cooperation with UNSCOM eventually prompted U.S.-British military action in December 1998. All inspec- tors withdrew and Iraq was uninspected dur- ing 1998-2002, leaving uncertainty as to the status of Iraq’s WMD programs. At the start of military action, manyof the questions about those programs remained unresolved. U.N.
Security Council resolution 1483, adopted May 22, 2003, lifts sanctions on Iraq and provides for the possibility that U.N. inspec- tors will return to Iraq, although the United States has said it, not the United Nations, will be responsible for post-war WMD searches.
On November 10, 1994, Iraq accepted a U.N.-designated land border with Kuwait (confirmed by Resolution 833) as well as Kuwaiti sovereignty. Prior to the start of the 2003 war, Iraq did not detail the fate of about 600 Kuwaitis still missing from the first Gulf war and did not return all Kuwaiti property taken. U.S.-led teams in Iraq are attempting to resolve those issues as well.
Saddam Hussein’s regime was widely deemed non-compliant in other areas, espe- cially human rights issues. A U.S.-led no-fly zone provided some protection to Kurdish northern Iraq after April 1991. After August 1992, a no-fly zone was enforced over south- ern Iraq, where historically repressed Iraqi Shiites are concentrated. The zone was ex- panded in August 1996, but Iraq nonetheless maintained a substantial ground presence in the south. Iraq openly challenged both no-fly zones after December 1998. These enforce- ment operations ended after the fall of the regime. Since the fall of the regime, U.S.
teams have discovered about 60 mass graves containing primarily Shiites and Kurds that Saddam Hussein had characterized as a threat to the regime.
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MOST RECENT DEVELOPMENTS
After several reports by the U.N. weapons inspectors on their work under U.N. Security Council Resolution 1441 (November 8, 2002), the U.N. Security Council did not agree to authorize use of force against Iraq. All inspectors were withdrawn, and the United States, and Britain launched a military offensive against Iraq on March 19, 2003. Saddam Hussein’s regime vacated Baghdad on April 9. In July 2003, with virtually no WMD discovered in Iraq since the war, a debate in Congress and in the media intensified over the quality and presentation of pre-war intelligence on Iraq’s WMD and the justification for war. On August 28, 2003, British Prime Minister Tony Blair testified in a judicial inquiry into the death of a British WMD expert who had alleged to journalists that the British government misled its public about Saddam Hussein’s WMD capabilities to justify war against Iraq.
BACKGROUND AND ANALYSIS
In response to Iraq’s August 2, 1990 invasion of Kuwait, U.N. Security Council Resolution 678 (November 29, 1990) authorized the use of force to expel Iraq from Kuwait.
After the Persian Gulf war (January 16 - February 28, 1991), a cease-fire was declared in Security Council Resolution 686 (March 2, 1991). The primary cease-fire resolution was Security Council Resolution 687 (April 3, 1991), which required Iraq — in return for a graduated easing of sanctions — to end its weapons of mass destruction programs, recognize Kuwait, account for missing Kuwaitis, return Kuwaiti property, and end support for terrorism. Iraq accepted the resolution. Iraq was required by Resolution 688 (April 5, 1991) to end repression of its people. In forty reviews (at 60-day intervals) of Iraqi compliance from the end of the Gulf war in 1991 until August 20, 1998, the U.N. Security Council maintained the comprehensive international sanctions on Iraq’s imports and exports imposed by Security Council Resolution 661 (August 6, 1990). After the breakdown of the original weapons inspections regime in December 1998, two additional major resolutions (1284 of December 17, 1999 and 1441 of November 8, 2002) were adopted in an effort to resume U.N. disarmament efforts. Including Resolution 1441, a total of 17 U.N. resolutions required Iraq’s complete dismantlement of its WMD programs. (See CRS Report RL31339, Iraq:
U.S. Efforts to Change the Regime and Post-War Governance.) History of Weapons Inspections From April 1991 until December 1998, a U.N. Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA) attempted to verify that Iraq had ended all its prohibited WMD programs and to establish a long-term monitoring program of WMD facilities (Resolution 715, October 11, 1991). The monitoring program, accepted by Iraq in November 1993, consisted of visitations and technical surveillance of about 300 sites.
Under Resolution 1051 (March 27, 1996), U.N. weapons inspectors monitored, at point of entry and at end-use destination, Iraq’s imports of any dual use items.
Confrontations over access to suspected WMD sites began almost as soon as UNSCOM began operations in April 1991, prompting adoption of Resolution 707 (August 15, 1991) CRS-1
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requiring unfettered access to all sites and disclosure by Iraq of all its WMD suppliers.
During March 1996 - October 1997, Iraq impeded inspectors from entering Iraqi security service and military facilities, and it interfered with some UNSCOM flights. These actions, which were not resolved by a March 1996 side agreement between UNSCOM and Iraq governing pre-notification of inspections of defense and security sites, prompted Resolution 1060 (June 12, 1996) and other Council statements (such as on June 13, 1997) demanding Iraqi cooperation. Resolution 1115 (June 21, 1997) threatened travel restrictions against Iraqi officials committing the infractions, and Resolution 1134 (October 23, 1997) again threatened a travel ban and suspended sanctions reviews until April 1998.
1997-1998 Crises. Six days after that vote, Iraq barred American UNSCOM personnel from conducting inspections, and on November 13, 1997, it expelled the American inspectors. In response, Resolution 1137 ( November 12, 1997), imposed travel restrictions on Iraqi officials. (On November 13, 1997, the House adopted H.Res. 322, backing unilateral U.S. military action as a last resort. The Senate did not act on a similar resolution, S.Con.Res. 71, because some Senators wanted it to call for the United States to overthrow Saddam Hussein.) In November 1997 and February 1998, Russia and U.N. Secretary General Kofi Annan, respectively, brokered temporarycompromises that enabled UNSCOM to resume inspections. The February 23, 1998 U.N.-Iraq agreement provided for access to eight “presidential sites” by weapons inspectors and diplomatic observers. Resolution 1154 (March 2, 1998) accepted that agreement, threatening “the severest consequences” if Iraq reneged. Iraq allowed presidential site inspections (1,058 buildings) during March 26-April 3, 1998, the travel ban on Iraqi officials was lifted, and sanctions reviews resumed.
Iraq subsequentlyrefused to implement an UNSCOM plan for completing its work and, in August 1998, barred UNSCOM from inspecting previously inspected facilities. The Senate and House passed a resolution, S.J.Res. 54 (P.L. 105-235, signed August 14, 1998), declaring Iraq in “material breach” of the ceasefire. The Security Council adopted Resolution 1194 (September 9, 1998) demanding full unfettered inspections access and suspending sanctions reviews. On October 30, 1998, the Security Council offered an easing of sanctions if Iraq fulfilled WMD and other outstanding requirements, but Iraq demanded an immediate end to sanctions and ceased cooperation with UNSCOM (but not the IAEA).
The U.N. SecurityCouncil adopted Resolution 1205 (November 5, 1998), deeming the Iraqi action a “flagrant violation” of the February 1998 U.N.-Iraq agreement. On November 14, 1998, with the United States about to launch airstrikes, Iraq pledged cooperation, averting strikes but prompting President Clinton to openly declare a U.S. policy of regime change.
Operation Desert Fox and Resolution 1284. After a month of testing Iraq’s cooperation, UNSCOM said on December 15, 1998 that Iraq refused to yield known WMD-related documents and that it was obstructing inspections. All inspectors withdrew and a 70-hour U.S. and British bombing campaign followed (Operation Desert Fox, December 16-19, 1998), directed against Iraqi WMD-capable facilities and military and security targets. In an attempt to persuade Iraq to allow a resumption of inspections, after almost one year of negotiations, the Security Council adopted Resolution 1284 (December 17, 1999) by a vote of 11- 0 (Russia, France, China, and Malaysia abstained). It provided, subject to a vote of the Security Council, for the suspension of most sanctions if Iraq “fully cooperates” with a new WMD inspection body (UNMOVIC, U.N. Monitoring, Verification and Inspection Commission). The resolution called for inspectors to determine within 60 days of reentering Iraq what WMD elimination tasks remain and to report to the Council CRS-2
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every three months. In January 2000, former IAEA director Hans Blix was named head of UNMOVIC. In the absence of Iraq’s agreement to allow in-countryinspections during 1999- 2002, UNMOVIC’s staff of about 60 — all employees of the United Nations and not their individual governments — reviewed documents and imagery, interviewed informants, and reviewed civilian contracts for goods purchased by Iraq to determine whether certain items subject to review (“Goods Review List” items) were included.
“Axis of Evil” and U.S. Policy. Amid a debate over whether to expand the post- September 11 “war on terrorism” to Iraq, based partly on fears that Iraq would not hesitate to use WMD or provide WMD to terrorist groups, in early 2002 President Bush began to build a case that the United States must act preemptively to change Iraq’s regime and prevent its re-emergence as a threat. In his January 2002 State of the Union speech he described Iraq as part of an “axis of evil,” along with Iran and North Korea. One month prior to that speech, the House passed H.J.Res. 75 on December 20, 2001, by a vote of 392-12. The resolution called Iraq’s refusal to readmit U.N. inspectors a “material breach” of its international obligations and a mounting threat to peace and security. The resolution, not taken up in the Senate, did not explicitly authorize U.S. military action.
Resolution 1441. After an internal debate, the Administration decided to work through the U.N. Security Council to force Iraq to disarm. In a September 12, 2002 speech before the United Nations, President Bush implicitly threatened U.S. military action, unilateral if necessary, if the United Nations did not enforce existing resolutions on Iraq.
Four days later, Iraq pledged to admit UNMOVIC inspectors without conditions, reversing a position taken during several meetings with the United Nations in 2002. On October 11, Congress completed work on a resolution (H.J.Res. 114, P.L. 107-243) authorizing the use of U.S. armed forces against Iraq.
After several weeks of negotiations, on November 8, 2002 the Security Council unanimously adopted Resolution 1441 that: (1) declared Iraq in material breach of pre- existing resolutions; (2) gave Iraq 7 days to accept the resolution and 30 days (until December 8) to provide a full declaration of all WMD programs; (3) required new inspections to begin within 45 days (December 23) and an interim progress report within 60 days thereafter (no later than February 21, 2003); (4) declared all sites, including presidential sites, subject to unfettered inspections; (5) gave UNMOVIC the right to interview Iraqis in private, including taking them outside Iraq, and to freeze activity at a suspect site; (6) forbade Iraq from taking hostile acts against any country upholding U.N. resolutions, a provision that appeared to cover Iraq’s defiance of the “no fly zones;” and (7) gave UNMOVIC the authority to report Iraqi non-compliance and the Security Council as a whole the opportunity to meet to consider how to respond to Iraqi non-compliance. This was interpreted by France and some other countries as requiring a second resolution to authorize force, although the United States disputed that interpretation.
Iraq accepted the resolution on November 13, 2002, in a defiant letter, and inspections began on November 27, 2002. Blix said the inspectors received full access in their inspections of about 450 sites (over 300 by UNMOVIC and 140 by the IAEA). On December 7, 2002, Iraq submitted its required declaration, but after comparing the Iraqi declaration to U.S. intelligence assessments, the Bush Administration said shortly thereafter that there were material omissions that constituted a further material breach of Iraq’s obligations. Blix criticized the declaration as offering “little new information,” but he did CRS-3
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not call it a material breach. In briefings on the inspections to the Security Council on January 27, February 14, and March 7, 2003, Blix and IAEA head Mohammad Baradei said that Iraq had not fully complied with Resolution 1441 but that Iraq had been providing more active cooperation since February and that inspections were making progress. They maintained there had been some substantive disarmament (destruction of the Al Samoud II missile).
Maintaining that the inspections process would not lead to Iraq’s full disarmament, the United States, Britain, and Spain called for a Security Council vote on a resolution to set a short deadline for Iraq to clearly demonstrate full cooperation and voluntary disarmament or face use of force. After a few weeks of diplomacy, on March 17, 2003, the three countries determined that the Security Council would not vote in favor of the resolution, and they withdrew it. That night, President Bush issued an ultimatum for Saddam Hussein and his sons Uday and Qusay to leave Iraq or face military action. At the same time, Secretary General Annan ordered the U.N. inspectors out of Iraq. Saddam rebuffed the ultimatum, and on March 19, U.S. military action (Operation Iraqi Freedom) began. On April 9, 2003, the Baathist regime vacated Baghdad, signaling the fall of the regime.
Wartime and Post-War WMD Search. With all of Iraq under the control of U.S.- led forces as of early April 2003, U.S. military-led “Mobile Exploitation Teams (MET)” began to search for and catalogue any WMD uncovered. After about a month of operations, the teams announced no confirmed finds of WMD stockpiles, although it did discover chemical weapons protection equipment and two mobile laboratories that a published CIA assessment said were for biological weapons production, although some experts within the intelligence community reportedly dispute that conclusion. In May 2003, the MET turned over its mission to a larger (about 1,500 personnel) “Iraq Survey Group.” The group is led by the U.S. military (Maj. Gen. Keith Dayton) but consists partly of civilian technical experts, including some from other countries, who served in previous U.N. inspection missions in Iraq. In May 2003, the Central Intelligence Agency named former nuclear inspector David Kay as head of the WMD search effort within the Survey Group. The Survey Group is also tasked with uncovering information on the relationship, if any, between Saddam Hussein’s regime and Al Qaeda and cataloguing findings of mass graves and other human rights abuses by the Saddam regime.
In early July 2003, U.S. officials said the effort to find banned WMD was still in its early stages, with about 200 sites searched of a target grouping of about 600 “suspect sites” (as of early July 2003). However, Administration statements in June suggested that the United States has and will find more indications of WMD “programs,” suggesting waning U.S. official confidence that actual weapons of mass destruction would be found. David Kay has said that U.S. teams are no longer emphasizing searching the list of sites identified before the war as suspect, but are focusing more on identifying Iraqis who can provide information on previously unknown sites and documents. On July 30, 2003, Kay and Dayton briefed Members of Congress, saying the search effort is making “solid progress”1 and that they would soon reveal firm information on the fate of Iraq’s WMD programs. On the other hand, one press report says that U.S. intelligence is attempting to determine whether Iraqi agents 1 CIA Adviser Cites Solid Gains in Iraq Arms Hunt. Dow Jones International News, July 31, 2003.
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deliberatelyplanted disinformation that indicated Iraq did have WMD, possiblyin an attempt to deter a U.S. invasion by convincing the United States Iraq had and might use WMD if there were a U.S. attack.2 Several U.N. Security Council members want UNMOVIC and the IAEA to return to Iraq to conduct the search, and IAEA Director Baradei has said the IAEA should have a role to play in post-war Iraq. Blix retired on June 30, 2003, and, in a series of interviews in late June 2003, criticized the United States for being impatient about his mission and what he says was an effort by some U.S. officials to undermine him. A U.N. Security Council resolution (1483) adopted May 22, 2003, provides for the possibility that U.N. inspectors might go back, although it does not specifically authorize that. At the same time, the United States and the IAEA conducted a joint mission in Iraq in June 2003 to secure nuclear material at Tuwaitha.
Post-War Fallout. CIA Director George Tenet has said the CIA would compare its pre-war intelligence to actual on-the-ground findings on WMD and other issues to determine the quality of the pre-war assessments. The U.S. intelligence community’s assessment of Iraq’s pre-war WMD was outlined in an unclassified version of a National Intelligence Estimate (NIE), released in October 2002. Several congressional committees have announced that they are conducting inquiries and other research into pre-war intelligence on Iraq’s WMD. Some of these inquiries will reportedly include research into whether the Administration might have relied too heavily on information from Iraqi exiles who wanted the United States to go to war to oust Saddam Hussein.
The issue has caused major controversy in Britain, where several investigations are underway into whether the government of Prime Minister Tony Blair might have purposely misinterpreted intelligence so as to justify joining the U.S.-led war. Following the July 2003 suicide death of a WMD expert, David Kelly, who reportedly made such allegations as a source for journalists, Blair testified before a judicial inquiry into that suicide on August 28.
He denied that his government had tried to distort its intelligence findings. However, on August 29, his chief adviser, Alistair Campbell, resigned. Campbell reportedly had helped prepare the release of British intelligence in the run-up to the war.3 The following summarizes outstanding issues on Iraq’s WMD, U.S. assessments, and U.S. post-war findings.
Nuclear Program
The Administration asserted that Iraq retained the expertise (about 7,000 scientists and engineers) and intention to rebuild its nuclear program. The unclassified October 2002 NIE (“the NIE”) said that Iraq “if left unchecked, probably will have a nuclear weapon during this decade.” The NIE pointed to Iraq’s efforts to procure aluminum tubes that could be used in a nuclear weapons program. IAEA chief Mohammad Baradei said March 7 that the IAEA 2 Drogin, Bob. U.S. Suspects It Received False Iraq Arms Tips. Los Angeles Times, August 29, 2003.
3 Hoge, Warren. Blair Says He Would Have Quit If BBC Iraq Report Had Been True. New York Times, August 29, 2003.
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believes the tubes were for use in conventional rocket programs, although their importation was not legal under the international sanctions regime. Another allegation, contained in President Bush’s January 2003 State of the Union speech but not in the NIE, said Iraq had tried to buy large quantities of uranium from Africa (Niger), but the IAEA said in a March 2003 report that documents alleging this procurement of uranium from Niger were “not authentic.” The inclusion of this allegation has been the subject of a July 2003 White House admission that the allegation should not have been included in the State of the Union speech because of CIA doubts about that information, although British officials maintain that much of that allegation may still be valid. The IAEA said on January 27, 2003, that it had found no evidence Iraq had restarted a nuclear program, repeating that assessment March 7, 2003.
During 1991-1994, despite Iraq’s initial declaration that it had no nuclear weapons facilities or unsafeguarded material, UNSCOM/IAEA uncovered and dismantled a previously-undeclared network of about 40 nuclear research facilities, including three clandestine uranium enrichment programs (electromagnetic, centrifuge, and chemical isotope separation) as well as laboratory-scale plutonium separation program. Inspectors found and dismantled (in 1992) Iraq’s nuclear weapons development program, and theyfound evidence of development of a radiological weapon (“dirty bomb”), which scatters nuclear material without an explosion. UNSCOM removed from Iraq all discovered nuclear reactor fuel, fresh and irradiated. Following the defection of Hussein Kamil (Saddam’s son-in-law and former WMD production czar) in August 1995, Iraq revealed it had launched a crash program in August 1990 to produce a nuclear weapon as quickly as possible by diverting fuel from its reactors for a nuclear weapon. The IAEA report of December 1, 1995, said that, if Iraq had proceeded with its crash program, Iraq might have produced a nuclear weapon by December 1992.
In 1997, the IAEA said that Iraq’s nuclear program had been ended and that it had a relatively complete picture of Iraq’s nuclear suppliers. A May 15, 1998, Security Council statement reflected a U.S.-Russian agreement to close the nuclear file if Iraq cleared up outstanding issues (nuclear design drawings, documents, and the fate of some nuclear equipment). An IAEA report of July 1998 indicated that some questions still remained, and the United States did not agree to close the file. In May 2000, the IAEA destroyed a nuclear centrifuge that Iraq had stored in Jordan in 1991. In January 2002, as it has in each of the past 3 years, IAEA inspectors verified that several tons of uranium remained sealed, acting under Iraq’s commitments under the 1968 Nuclear Non-Proliferation Treaty.
Post-War Findings. In late June 2003, an Iraqi nuclear scientist approached U.S.
personnel in Iraq and presented them with parts of a nuclear centrifuge from Iraq’s past nuclear program. The scientist said he was ordered in 1991 to bury the parts in his personal garden and that Iraq had planned to reconstitute its nuclear program if international inspections ended.
Chemical Weapons
The October 2002 NIE said Iraq “is expanding its infrastructure, under cover of civilian industries, that it could use to advance its chemical weapons agent production capability,” and that the totality of evidence “strongly suggest that Iraq maintains a stockpile of chemical agents, probably VX, sarin, cyclosarin, and mustard.” A British assessment, released CRS-6
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September 2002, said Iraq had distributed chemical weapons to its field units and could deploy chemical weapons on 45 minutes’ notice.
In January 2003, during the pre-war round of inspections, UNMOVIC found 16 chemical artillery munitions, believed empty. Iraq included an Iraqi Air Force document in its December 7, 2002, declaration that indicated that 6,500 chemical bombs were unaccounted for (13,000 bombs the document says were used versus 19,500 bombs Iraq previously said were used). An UNMOVIC workplan, submitted March 7, 2003, said UNMOVIC had found in Iraq previously undeclared cluster munitions that could deliver chemical or biological agents.
During its tenure, UNSCOM destroyed all chemical weapons materiel uncovered — 38,500 munitions, 480,000 liters of chemical agents, 1.8 million liters of precursor chemicals, and 426 pieces of production equipment items — and the destruction operation formally ended on June 14, 1994. In February 1998 UNSCOM discovered that shells taken from Iraq in 1996 contained 97% pure mustard gas, indicating it was freshly produced.
However, the fate of about 31,600 chemical shells, 550 mustard gas bombs, and 4,000 tons of chemical precursors remains unknown. UNSCOM’s main outstanding chemical weapons questions centered on VX nerve agent, which Iraq did not include in its initial 1991 declarations and of which no stockpile was ever located. Iraq did not prove it destroyed the chemical precursors. By 1995 UNSCOM had uncovered enough circumstantial evidence to force Iraq to admit to producing about 4 tons of VX, but UNSCOM believed that Iraq had imported enough precursor — about 600 tons — to produce 200 tons of the agent. In late June 1998, UNSCOM revealed that some unearthed missile warheads, tested in a U.S. Army lab, contained traces of VX, contradicting Iraq’s assertions that it had not succeeded in stabilizing the agent. Separate French and Swiss tests did not find conclusive evidence of VX. In March 2003, Iraq proposed a technical method to prove its assertions that it destroyed its VX in 1991. About 170 chemical sites were under monitoring. Iraq did not sign the Chemical Weapons Convention effective April 29, 1997.
Post-War Findings. U.S. teams have found numerous chemical weapons protection gear and anti-dote vaccinations (atropine), but no findings of chemical weapons have been announced.
Biological Weapons
The October 2002 NIE said that “all key aspects — research and development, production, and weaponization — of Iraq’s offensive biological weapons program are active and most elements are larger and more advanced than they were before the Gulf war. The NIE added that Iraq was developing unmanned aerial vehicles that probably could be used to deliver biological weapons.
From the perspective of the various U.N. inspections missions, there were more unresolved questions about Iraq’s biological weapons than about any other WMD category;
Iraq’s biological declarations during 1991-1998 were considered neither credible nor verifiable, and very little new was apparently included in Iraq’s December 7, 2002, declaration. Iraq did not initially (1991) declare any biological materials, weapons, research, or facilities, and no biological weapons stockpile was ever uncovered. UNSCOM focused its investigation initially on the major biological research and development site at Salman CRS-7
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Pak, but Iraq partially buried that facility shortly before the first inspections began. In August 1991, Iraq admitted that it had a biological weapons research program. In July 1995, Iraq modified its admission by acknowledging it had an offensive biological weapons program and that it had produced 19,000 liters of botulinum, 8,400 liters of anthrax, and 2,000 liters of aflatoxin, clostridium, and ricin. According to UNSCOM, Iraq imported a total of 34 tons of growth media for producing biological agents during the 1980s, of which 4 tons remained unaccounted for. Iraq did not give UNSCOM information on its development of drop tanks and aerosol generators for biological weapons. UNSCOM had 86 biological sites under long-term monitoring. UNSCOM discovered and dismantled the Al Hakam facility on June 20, 1996. The White House said in late December 2001 that the anthrax used in the October 2001 mailings appeared to be from a domestic source, such as a U.S. military laboratory. During the pre-war round of U.N. inspections, in February 2003, Iraq dug up, under UNMOVIC’s supervision, fragments of more than 100 R-400 biological bombs (anthrax, botulinum, and aflatoxin) destroyed in 1991 and declared in August 1995.
Post-War Findings. As noted above, the CIA published an assessment in June 2003 that two vehicles discovered in Iraq in April 2003 were those purported biological labs, although no biological agents were found in them. Press reports say some governmental experts dispute that finding, saying the vehicles were better suited to manufacturing missile fuel or hydrogen for weather balloons.4 Sacks of castor beans, a component of the toxin ricin, were discovered in Iraq in late June 2003, although the intended use of the beans is not yet known.
Ballistic Missiles
The October 2002 NIE said that Iraq “has developed a ballistic missile capability that exceeds the 150 km range limitation established by U.N. Security Council Resolution 687.” That resolution required the destruction of all Iraqi ballistic missiles with a range greater than 150 km. UNSCOM accounted for 817 of 819 Soviet-supplied Scud missiles, 130 of which survived the Gulf war, as well as all 14 declared mobile launchers and 60 fixed launch pads. U.S. analysts believed Iraq might have been concealing as many as 12 Scud-like missiles and that it was manufacturing propellants for missiles of ranges longer than those allowed. There is evidence of past Iraqi cheating on missile issues. In December 1995, after Jordan reported seizing 115 Russian-made missile guidance components allegedlybound for Iraq, UNSCOM said Iraq had procured some missile components since 1991, a violation of sanctions. (That month, UNSCOM retrieved prohibited missile guidance gyroscopes, suitable for a 2,000 mile range missile, from Iraq’s Tigris River, apparently procured from Russia’s defense-industrial establishment.) UNSCOM’s October 1998 report said it had been able to account for at least 43 of the 45 chemical and biological (CBW) warheads Iraq said it unilaterally destroyed in 1991. (The warheads were unearthed in mid-1998.) An additional 30 chemical warheads were destroyed under UNSCOM supervision. UNSCOM also accounted for all but 50 conventional Scud warheads and said it made progress establishing a material balance for Scud engine components. Unresolved issues included missile program documentation, 300 tons of 4 Jehl, Douglas. Iraqi Trailers Said to Make Hydrogen, Not Biological Arms. August 9, 2003.
New York Times,
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special propellant, and indigenous production (30 indigenously-made warheads and 7 missiles).
Iraq was developing permitted-range missiles — the Ababil and Samoud programs and, prior to Operation Desert Fox, UNSCOM had been monitoring about 63 missile sites and 159 items of equipment, as well as 2,000 permitted missiles. Iraq’s December 7, 2002 declaration said some flight tests of these missiles did exceed the allowed range by about 50 km, and Blix ordered the destruction of the Al Samoud (about 120 missiles) and related production equipment. Iraq began the destruction by the deadline of March 1, 2003, and about half of the missile force was destroyed by the time the war started. Iraq’s “Fatah” program was being studied to see if its range exceeded allowed limits. Some of these missiles were fired by Iraq into Kuwait during the war thus far, although there were no confirmed firings of Scud-range missiles, which were banned under Resolution 687. Most Iraqi missiles fired were intercepted by U.S. or Kuwaiti Patriot systems.
Post-War Findings. No findings of missiles or missile programs of prohibited ranges have been announced by U.S. teams.
Human Rights/War Crimes Issues U.S. and U.N. human rights reports since the 1991 Gulf war repeatedly described Saddam Hussein’s regime as a gross violator of human rights. In 1994, the Clinton Administration said it was considering presenting a case against Iraq to the International Court of Justice under the 1948 Genocide Convention. U.N. Rapporteur for Iraq Max Van der Stoel’s February 1994 report said that Convention might have been violated by Iraq’s abuses against the Shiite “Marsh Arabs” in southern Iraq, including drainage of the marshes where they live. In February 2002, Iraq allowed the U.N. human rights rapporteur for Iraq, Andreas Mavromatis of Cyprus, to visit Iraq, the first such visit since 1992. On October 20, 2002, Saddam Hussein granted an amnesty and released virtually all prisoners in Iraq, calling the move gratitude for his purported “100%” victory in a referendum (no opponent) on his leadership on October 15, 2002.
Post-War Findings. About 60 mass graves, containing numbers of remains varying between single digits and the several hundreds, have been uncovered since the 2003 war began. Some estimates are that there might have been as many as 300,000 victims of the regime. Most are believed to contain the bodies of Shiite Muslims killed in the post-1991 war uprisings against Saddam Hussein. On July 15, 2003, the newly appointed “Governing Council” of 25 Iraqis that is working with the U.S.-led Coalition Provisional Authority decided to form a war crimes tribunal for former regime members. For analysis of this issue and information on U.S. funding for Iraqi war crimes issues, see CRS Report RL31339, Iraq:
U.S. Efforts to Change the Regime and Post-War Governance.
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Support for International Terrorism U.N. Security Council Resolution 687 required Iraq to end support for international terrorism, and Iraq made a declaration that it would do so in 1991. Despite that declaration, known terrorists lived in Iraq up until the time of the 2003 war. Palestine Liberation Front leader Abu Abbas, whose organization committed the 1985 hijacking of the cruise ship Achille Lauro, was arrested by U.S. forces in Iraq on April 15, 2003, during the war; his legal status is now being discussed. In August 2002, Abu Nidal died (committed suicide or was killed) as Iraqi police went to arrest him for alleged contacts with foreign governments opposed to Baghdad. During 2000 - 2003, Iraq was paying the families of Palestinian suicide bombers $25,000, and Iraq reportedly welcomed a few thousand Arab volunteers to fight against the United States or commit terrorist acts in the course of Operation Iraqi Freedom.
Post-War Status. The former regime’s ties to Al Qaeda have been a subject of debate within the Bush Administration and among outside experts. Little evidence has come to light since major combat ended that links the Baathist regime to Al Qaeda. The northern Iraq enclave of a group called Ansar al-Islam, headed by Abu Musab al-Zarqawi, a pro-Al Qaeda or Al Qaeda-linked activist, was captured during the war. However, U.S.
administrator for Iraq Paul Bremer has said that Ansar al-Islam may still be active in Iraq and possibly is linked to several recent acts of terrorism, including the August 19 truck bombing of U.N. headquarters in Baghdad. Although Saddam Hussein’s regime has been ousted, Iraq has not yet been removed from the U.S. list of state sponsors of terrorism. The Bush Administration is expected by experts to remove Iraq from the list at some point. For information on the former regime’s alleged ties to Al Qaeda, see CRS Report RL31339, Iraq:
U.S. Regime Change Efforts and Post-War Governance, and CRS Report RL31119, Terrorism: Near Eastern Groups and State Sponsors, 2002.
Iraq-Kuwait Issues
Resolution 1284 required reports on the issues discussed below but, unlike Resolution 687, did not link the easing of any sanctions to Iraqi compliance on Kuwait-related issues.
Resolution 1441 did not impose any new Kuwait-related requirements on Iraq.
Border Issues/Kuwaiti Sovereignty. Resolution 687 required Iraq to annul its annexation of Kuwait, directed the U.N. Secretary-General to demarcate the Iraq-Kuwait border, and established a demilitarized zone (abolished after the 2003 war) 10 kilometers into Iraq and 5 kilometers into Kuwait. Resolution 773 (August 26, 1992) endorsed border decisions taken by the Iraq-Kuwait Boundary Demarcation Commission (established May 2, 1991) that, in November 1992, finished demarcating the Iraq-Kuwait border as described in an October 1963 agreement between Iraq and Kuwait. The border took effect January 15, 1993. The new line deprived Iraq of part of Umm Qasr port and a strip of the Rumaylah oil field, which straddles the border. On March 18, 1993, the Commission determined the sea border, allowing both countries access to the Gulf. Resolution 833 (May 27, 1993) demanded that Iraq and Kuwait accept the final border demarcation. On November 10, 1994, Iraq formally recognized Kuwait in a motion signed by Saddam Hussein. At the Arab summit in Beirut (March 27-29, 2002), Iraq reaffirmed its commitment to Kuwait’s CRS-10
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territorial integrity and pledged to cooperate to determine the fate of missing Kuwaitis (see below). On December 7, 2002, Saddam Hussein issued an “apology” to Kuwait for the invasion, but Kuwait rejected it as insincere.
Until it ended operations on the eve of the current war, the 32-nation U.N. Iraq-Kuwait Observer Mission (UNIKOM), established by Resolutions 687 and 689 April 9, 1991), monitored border violations. The United States contributed 11 personnel to the 197 observers in UNIKOM, which was considered a U.N. peacekeeping operation. Under Resolution 806 (February 5, 1993), passed after Iraqi incursions into the demilitarized zone in January1993 (and other incidents), a 908-member Bengali troop contingent supplemented the observer group. Kuwait furnished two-thirds of UNIKOM’s $51 million annual budget.
The United States contributed about $4.5 million per year to UNIKOM.
Kuwaiti Detainees and Property. Security Council Resolutions 686 and 687 require Iraq to account for Kuwaiti and other nationals detained in Iraq during the Persian Gulf crisis. Of an initial 628 Kuwaiti cases, 608 were unresolved (ICRC figure as of May 2000) at the beginning of the 2003 war, as were the cases of an additional 17 Saudi nationals.
Iraq admitted to having arrested and detained 126 Kuwaitis, but did not provide enough information to resolve their fate. Only three cases were resolved during 1995-2003. A few bodies of the Kuwaiti missing have been uncovered by U.S.-led forces in Iraq, according to Kuwait officials. Since January 1995, Iraq and Kuwait were meeting every month on the Iraq-Kuwait border, along with U.S., British, French, and Saudi representatives, but Iraq boycotted the meetings after Operation Desert Fox. In February 2000, retired Russian diplomat Yuli Vorontsov was appointed to a new post (created by Resolution 1284) of U.N.
coordinator on the issue of missing Kuwaiti persons and unreturned property. Iraq did not allow him to visit Iraq, and in April, June, and August 2000, as well as in March, April, and June 2001, the Security Council issued statements of concern about the lack of progress.
On December 12, 2002, Iraq publicly invited Vorontsov to visit, but no visit occurred. In January 2003, Iraq held a few meetings with Kuwait and Saudi Arabia on the issue, pledging to bring forward new information on the fate of the missing, but no outstanding cases were resolved. Resolution 1483, adopted on May 22, 2003, directs Vorontsov to attempt to clear up the issue of missing Kuwaitis and Kuwait property.
U.N. Security Council Resolutions 686 and 687 required Iraq to return all property seized from Kuwait. In the first few years after the cease-fire, Iraq returned some Kuwaiti civilian and military equipment, including U.S.-made Improved Hawk air defense missiles, and a June 2000 Secretary General report and a June 19, 2000 Security Council statement did note that Iraq had returned “a substantial amount of property.” However, in 1994, U.S.
officials accused Iraq of returning to Kuwait some captured Iranian equipment that was never part of Kuwait’s arsenal and of using Kuwaiti missiles and armored personnel carriers during Iraq’s October 1994 troop move toward the Kuwait border. The United Nations and Kuwait say Iraq has not returned extensive Kuwaiti state archives and museum pieces, as well as military equipment including eight Mirage F-1 aircraft, 245 Russian-made fighting vehicles, 90 M113 armored personnel carriers, one Hawk battery, 3,750 Tow anti-tank missiles, and 675 Russian-made surface-to-air missile batteries. Iraq claimed the materiel was left behind or destroyed when Iraq evacuated Kuwait. In July 2002, an agreement was reached on a “mechanism” for Iraq to return Kuwait’s state archives (six truckloads of documents) to Kuwait. Iraq began the return of tons of documents on October 20, 2002, CRS-11
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although Kuwait said key archives were not returned. Iraq returned some additional property in early February 2003.
Post-War Findings. As of late August 2003, the remains of at least 60 of the missing Kuwaitis have been found and identified by U.S.-led forces in Iraq.5 Additional potential remains are being tested — remains that have been found in some of the mass graves uncovered by U.S.-led forces. U.S.-led forces have not announced any finds of Kuwaiti property. In April 2002, Iraq offered to receive a U.S. team to discuss the case of missing Gulf war Navy pilot Michael Speicher, but Defense Department officials declined on doubts of the benefits of a visit. Some possible clues on Speicher’s fate have been found by U.S.- led forces in Iraq, but no definitive information on his fate has yet come to light.
Reparations Payments
After the 1991 Gulf war, the U.N. Security Council set up a mechanism for compensating the victims of Iraq’s invasion of Kuwait (individuals, governments, and corporations), using 25% (reduced from 30% in December 2000) of the proceeds from Iraqi oil sales. That figure was reduced to 5% of Iraq’s revenues by Resolution 1483 of May 22, 2003. As of June 2003, the Compensation Commission (UNCC) has approved claims worth about $46 billion, of a total asserted value of $350 billion claims submitted. The latest approved award, on June 26, 2003, was for $1.5 billion to the Kuwait Investment Authority, far below the asserted $86.7 billion asserted value of the claim.
Following a July 2003 payout of about $190 million mostly to Kuwaitis and Jordanians, the UNCC has paid out about $17.78 billion. Payouts to U.S. claimants thus far total over $666 million. In September 2000, the UNCC governing council approved an award to Kuwait of $15.9 billion for oil revenues lost because of the Iraqi occupation and the aftermath of the war (burning oil wells). In June 2001, the UNCC approved $243 million in payments to all of Iraq’s immediate neighbors (except Turkey) for studies of Gulf war environmental damage. Of this amount, $5 million was approved for Iraq’s legal expenses to counter the expected environmental reparations claims. Kuwait was awarded $700 million in October 2002 to cover the cost of removing Iraqi mines laid in the Gulf war.
Several legislative proposals (“Iraq Claims Act”) to distribute Iraq’s frozen assets (about $2.4 billion) in the United States (separate from the U.N. compensation process) were not enacted, because of differences over categories of claimants that should receive priority. On March 20, 2003, President Bush issued an executive order for the U.S. government to confiscate approximately $2.4 billion in frozen Iraqi assets and to use those assets for reconstruction following the 2003 war. (See CRS Report 98-240, Iraq: Compensation and Assets Issues.) 5 Cable News Network, September 1, 2003.
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Unwinding the Containment Policy After ending Saddam Hussein’s regime, the United States is attempting to establish an Iraqi government, move Iraq to a fully functioning economy that conducts normal international commerce, and restructure the U.S. military posture that had been in place to contain Saddam Hussein since the 1991 Gulf war. Most of the issues below are discussed in greater depth in CRS Report RL31339, Iraq: U.S. Regime Change Efforts and Post-War Governance and CRS Report RL31833, Recent Developments in Humanitarian and Reconstruction Assistance, and CRS Report RL30472, Iraq: Oil-For-Food Program, Sanctions, and Illicit Trade.
Reconstruction and Ending the Oil-for-Food Program During the 1990s, as international concerns for the plight of the Iraqi people grew, the United States had increasing difficulty maintaining support for international sanctions. The oil-for-food program (OFF), established by Resolution 986 (April 15, 1995) and in operation since December 1996, was progressively modified to improve Iraq’s living standards, and the United States had been easing its own sanctions to align them with the program. The program is to be phased out over a six-month period, as mandated by Resolution 1483 of May 22, 2003, which also largely lifts the U.N. sanctions imposed on Iraq for the 1990 Kuwait invasion.
Prior to the oil-for-food program, funds for civilian goods and the implementation of U.N. resolutions on Iraq were drawn from frozen Iraqi assets transferred — or direct contributions — to a U.N. escrow account pursuant to Resolution 778 (October 2, 1992).
Total U.S. transfers to the escrow account, which matched contributions from other countries, reached $200 million, the maximum required under Resolution 778. These transfers were being repaid to the United States from proceeds of the OFF program.
Resolutions 1284 and 1302 (June 8, 2000) suspended reimbursements until the end of 2000;
about $173 million was due back to the United States. Repayments resumed in 2001.
Changing U.S. Military Deployments Prior to the 2003 war, U.S. military deployments had focused on containing Iraq. The United States and Britain enforced two “no fly zones” to provide a measure of protection for Iraq’s Kurdish minority and other objects of regime repression as well as to monitor Iraqi military movements. (France was originally a part of the enforcement operations but dropped out in 1997 and 1998 due to opposition to what it considered an overly punitive policy toward Saddam Hussein’s regime. ) To enforce the no-fly zones, the two allies invoked U.N. Resolution 678 (November 29, 1990, authorizing use of force to expel Iraq from Kuwait), 687 (the main ceasefire resolution), 688 (human rights), the Safwan Accords (the March 3, 1991 cease-fire agreements between Iraq and the coalition forces that banned Iraqi interference with allied air operations), and P.L. 102-1 of January 12, 1991, the congressional resolution authorizing U.S. military action to expel Iraq from Kuwait after its 1990 invasion. Resolutions 678 and 687 were written under Chapter VII of the U.N. Charter, dealing with peace and security, and were interpreted as allowing military action to enforce these resolutions. Resolution 688 was not written under Chapter VII, nor did that or any other resolution specifically establish no fly zones. In response to Iraq’s movement of troops CRS-13
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toward Kuwait in October 1994, Security Council Resolution 949 (October 15, 1994) demanded Iraq not deploy forces to threaten its neighbors. The United States and Britain interpreted this as authorizing military action if Iraq enhanced (numbers or quality of armament) its forces below the 32nd parallel. Such enhancements included Iraq’s movement of air defense equipment into the zones. To justify Operation Desert Fox (December 1998), the Clinton Administration also cited Resolution 1154 (see above), which warned of “the severest consequences” for non-compliance. In addition, Section 1095 of P.L. 102-190, the Defense Authorization Act for FY1992, signed December 5, 1991, expressed Congress’ support for “all necessary means” to implement Resolution 687.
The several years prior to the U.S.-led war in 2003 were characterized by occasional U.S. strikes on Iraqi military emplacements. During March 2000-March 2001, Iraqi air defenses fired at or near fixed radar or allied aircraft enforcing both zones on 500 occasions, in many cases provoking U.S. strikes on the activated missile batteries. On February 16, 2001, the United States and Britain struck elements of that network north of the southern no fly zone, although the striking U.S. aircraft did not go beyond the zone. During 2002, Iraqi air defenses and related infrastructure were bombed about 60 times in response to about 200 provocations, and U.S. strikes on Iraqi facilities became more frequent in late 2002 in conjunction with U.S. preparations for possible military action against Iraq. During the U.S.
buildup to Operation Iraqi Freedom, the target list was expanded to include those systems, such as surface-to-surface missiles, that could be used against U.S. ground forces.
With Saddam Hussein’s regime overthrown, U.S. officials said in mid-April 2003 that no fly zone enforcement has ended and many of the U.S. aircraft involved in those operations have now been redeployed. The Defense Department also announced that the United States has drawn down force in Saudi Arabia, estimated at about 6,000 before the war, to the few hundred that were there prior to the 1990 invasion of Kuwait. Those forces had been a source of some strain in light of the resentment of Saudi citizens to the presence of non- Muslim forces in the Kingdom. Many of those forces are being redeployed to a new U.S. air command center in Qatar. It is likely that the United States will, over the long term, sharply reduce the approximately 25,000 U.S. personnel that were kept in the Gulf during the 1990s.
There has been some public discussion that the United States might seek permanent basing arrangements in Iraq, but the Defense Department has said no decision to seek such an agreement has been made. For more information on the U.S. military posture in the Gulf, see CRS Report RL31533, Persian Gulf: Issues for U.S. Policy, 2003.
Costs of Containment. Saudi Arabia, Kuwait, and the United Arab Emirates contributed a total of $37 billion to the $61.1 billion in incremental costs of Desert Storm, all of which has been paid. From the end of the Gulf war until the start of the 2003 war, the Defense Department incurred about $11.5 billion in costs to contain Iraq and provide humanitarian aid to the Kurds. About $1.2 billion was spent in FY2002. The Department of Defense, under the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a), assisted UNSCOM by providing U-2 surveillance flights (suspended since the December 15, 1998 UNSCOM pullout), intelligence, personnel, equipment, and logistical support, at a cost of about $15 million per year.
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Fitting Iraq’s Ethnicities into the Post-War Political Structure The fall of the Saddam Hussein regime created a power vacuum in Iraq. Among the contenders for power are groups that had been part of the ten-year U.S. effort to destabilize Saddam, as well as new elements that were in Iraq but were repressed during Saddam’s rule.
The following is a brief discussion of some of the ethnic and religious communities repressed under Saddam Hussein’s rule and the steps the United States took to protect these communities during the 1991-2002 containment policy period. For more information on the contenders for power and post-war governance issues, see CRS Report RL31339, Iraq: U.S.
Regime Change Efforts and Post-War Governance.
Kurds/Operation Northern Watch (ONW). The United States has committed itself to maintaining Iraq’s territorial integrity, meaning that the Kurdish north should stay as a part of Iraq rather than seek independence. During the U.S. containment policy, the United States protected the Kurds by enforcing a northern no fly zone, set up in April 1991 (Operation Northern Watch). The zone extended north of the 36th parallel. After the September 1996 Iraqi incursion into northern Iraq, humanitarian aspects of ONW were ended and France ended its ONW participation. Turkey provided basing rights at Incirlik Air Base for the 24 American aircraft and about 1,300 U.S. forces (plus allied forces) that policed the northern zone. However, Turkey feared that ONW protected the anti-Turkish Kurdistan Workers’ Party (PKK), which takes refuge in parts of northern Iraq, and Turkey made repeated attacks against the PKK after May 1997.
In the aftermath of the 1991 Gulf war, the two leading Iraqi Kurdish parties, the KDP led by Masud Barzani and the Patriotic Union of Kurdistan (PUK) led by Jalal Talabani, agreed in May 1992 to share power after parliamentary and executive elections. In May 1994, tensions between them flared into clashes, and the KDP turned to Baghdad for backing. In August 1996, Iraqi forces helped the KDP capture Irbil, seat of the Kurdish regional government. With U.S. mediation, the Kurdish parties agreed on October 23, 1996, to a cease-fire and the establishment of a 400-man peace monitoring force composed mainly of Turkomens (75% of the force). The United States funded the force with FY1997 funds of $3 million for peacekeeping (Section 451 of the Foreign Assistance Act), plus about $4 million in DOD drawdowns for vehicles and communications gear (Section 552 of the FAA).
Also set up was a peace supervisory group consisting of the United States, Britain, Turkey, the PUK, the KDP, and Iraqi Turkomens. A tenuous cease-fire held since November 1997 and the KDP and PUK leaders signed an agreement in Washington in September 1998 to work toward resolving the main outstanding issues (sharing of revenues and control over the Kurdish regional government). Reconciliation efforts showed substantial progress in 2002;
on October 4, 2002, the two Kurdish factions jointly reconvened the Kurdish regional parliament for the first time since their 1994 clashes. In June 2002, the United States gave the Kurds $3.1 million in new assistance to help continue the reconciliation process.
Shiite Muslims/Operation Southern Watch. Shiites constitute a majority in Iraq but were repressed during Baathist rule; with 60% of Iraq’s population, Shiites are now major contenders for power in post-war Iraq. Fearing that Iraq’s Shiites are loyal to Iran, the United States did not support the post-1991 war uprisings by the Shiites, and many Shiites still resent the United States for standing aside as Saddam Hussein crushed the uprisings and executed many of those involved. The U.S.-led coalition declared a no-fly zone over southern Iraq (south of the 32nd parallel) to protect the Shiites on August 26, 1992 CRS-15
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(Operation Southern Watch). The overflights were primarily part of the U.S. containment strategy rather than a concerted effort to help Shiite Muslims in Iraq, according to most observers. The United States and the United Kingdom (but not France) expanded the southern no fly zone up to the 33rd parallel on September 4, 1996, after Saddam Hussein’s move into northern Iraq. France ended its participation entirely after Desert Fox. Several Shiite Islamist organizations, some of which are closelytied to Iran, have asserted themselves in post-Saddam Iraq, and two of them — the Supreme Council of the Islamic Revolution in Iraq (SCIRI) and the Da’wa (Islamic Call) Party — are on the Governing Council. The head of SCIRI, Ayatollah Mohammad Baqr Al Hakim, was killed in a car bombing by unknown assailants in Najaf on August 29, 2003.
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نسخة أخرى (الإنكليزية): 2003-07-23 — IB92117_2003-07-23.pdf
Order Code IB92117
CRS Issue Brief for Congress
Received through the CRS Web
Iraq: Weapons Programs,
U.N. Requirements, and U.S. Policy
Updated July 23, 2003
Kenneth Katzman
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ̃ The Library of Congress
CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
History of Weapons Inspections
1997-1998 Crises
Operation Desert Fox and Resolution 1284
“Axis of Evil” and U.S. Policy
Resolution 1441
Wartime and Post-War WMD Search
Nuclear Program
Post-War Findings
Chemical Weapons
Post-War Findings
Biological Weapons
Post-War Findings
Ballistic Missiles
Post-War Findings
Human Rights/War Crimes Issues
War Crimes Trials
Support for International Terrorism
Iraq-Kuwait Issues
Border Issues/Kuwaiti Sovereignty
Kuwaiti Detainees and Property
Reparations Payments
Unwinding the Containment Policy
Reconstruction and Ending the Oil-for-Food Program
Changing U.S. Military Deployments
Costs of Containment
Establishing a New Government
Kurds/Operation Northern Watch (ONW)
Shiite Muslims/Operation Southern Watch
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Iraq: Weapons Programs, U.N. Requirements, and U.S. Policy
SUMMARY
After asserting that Iraq had failed to
comply with U.N. Security Council resolu-
tions that require Iraq to rid itself of weapons
of mass destruction (WMD), the Bush Admin-
istration began military action against Iraq on
March 19, 2003, and the regime of Saddam
Hussein fell on April 9. Since then, U.S.
teams have been attempting to uncover Iraq’s
suspected weapons of mass destruction
(WMD) stockpiles, but only minor finds of
WMD technology have been reported thus far.
Part of the pre-war debate over U.S.
policy centered on whether Iraq’s WMD
programs could be ended through U.N. weap-
ons inspections. During 1991-1998, a U.N.
Special Commission on Iraq (UNSCOM)
made considerable progress in dismantling
and monitoring Iraq’s WMD but was unable
to finish verifying Iraq’s claim that it has
destroyed all its WMD or related equipment.
Iraq’s refusal of full cooperation with
UNSCOM eventually prompted U.S.-British
military action in December 1998. All inspec-
tors withdrew and Iraq was uninspected dur-
ing 1998-2002, leaving uncertainty as to the
status of Iraq’s WMD programs. At the start
of military action, manyof the questions about
those programs remained unresolved. U.N.
Security Council resolution 1483, adopted
May 22, 2003, lifts sanctions on Iraq and
provides for the possibility that U.N. inspec-
tors will return to Iraq, although the United
States has said it, not the United Nations, will
be responsible for post-war WMD searches.
On November 10, 1994, Iraq accepted a
U.N.-designated land border with Kuwait
(confirmed by Resolution 833) as well as
Kuwaiti sovereignty. Prior to the start of the
2003 war, Iraq did not detail the fate of about
600 Kuwaitis still missing from the first Gulf
war and did not return all Kuwaiti property
taken. U.S. teams in Iraq are attempting to
resolve those issues as well.
Iraq was widely deemed non-compliant
in other areas, especially human rights issues.
A U.S.-led no-fly zone provided some protec-
tion to Kurdish northern Iraq after April 1991.
Since August 1992, a no-fly zone was en-
forced over southern Iraq, where historically
repressed Iraqi Shiites are concentrated. The
zone was expanded in August 1996, but Iraq
nonetheless maintained a substantial ground
presence in the south. Iraq openly challenged
both no-fly zones after December 1998.
These enforcement operations ended after the
fall of the regime. Since the fall of the re-
gime, U.S. teams have discovered about 60
mass graves containing primarily Shiites and
Kurds that Saddam Hussein had characterized
as a threat to the regime.
Congressional Research Service ̃ The Library of Congress
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MOST RECENT DEVELOPMENTS
After several reports by the U.N. weapons inspectors on their work under U.N. Security
Council Resolution 1441 (November 8, 2002), the U.N. Security Council did not agree to
authorize use of force against Iraq. All inspectors were withdrawn, and the United States,
and Britain launched a military offensive against Iraq on March 19, 2003. Saddam Hussein’s
regime vacated Baghdad on April 9. In July 2003, with virtually no WMD discovered in Iraq
since the war, a debate in Congress and in the media intensified over the quality and
presentation of pre-war intelligence on Iraq’s WMD and the justification for war.
BACKGROUND AND ANALYSIS
In response to Iraq’s August 2, 1990 invasion of Kuwait, U.N. Security Council
Resolution 678 (November 29, 1990) authorized the use of force to expel Iraq from Kuwait.
After the Persian Gulf war (January 16 - February 28, 1991), a cease-fire was declared in
Security Council Resolution 686 (March 2, 1991). The primary cease-fire resolution was
Security Council Resolution 687 (April 3, 1991), which required Iraq — in return for a
graduated easing of sanctions — to end its weapons of mass destruction programs, recognize
Kuwait, account for missing Kuwaitis, return Kuwaiti property, and end support for
terrorism. Iraq accepted the resolution. Iraq was required by Resolution 688 (April 5, 1991)
to end repression of its people. In forty reviews (at 60-day intervals) of Iraqi compliance
from the end of the Gulf war in 1991 until August 20, 1998, the U.N. Security Council
maintained the comprehensive international sanctions on Iraq’s imports and exports imposed
by Security Council Resolution 661 (August 6, 1990). After the breakdown of the original
weapons inspections regime in December 1998, two additional major resolutions (1284 of
December 17, 1999 and 1441 of November 8, 2002) were adopted in an effort to resume
U.N. disarmament efforts. Including Resolution 1441, a total of 17 U.N. resolutions required
Iraq’s complete dismantlement of its WMD programs. (See CRS Report RL30472, Iraq:
Oil-for-Food Program, Sanctions, and Illicit Trade; and CRS Report RL31339, Iraq: U.S.
Efforts to Change the Regime and Post-War Governance.)
History of Weapons Inspections
From April 1991 until December 1998, a U.N. Special Commission (UNSCOM) and
the International Atomic Energy Agency (IAEA) attempted to verify that Iraq had ended all
its prohibited WMD programs and to establish a long-term monitoring program of WMD
facilities (Resolution 715, October 11, 1991). The monitoring program, accepted by Iraq
in November 1993, consisted of visitations and technical surveillance of about 300 sites.
Under Resolution 1051 (March 27, 1996), U.N. weapons inspectors monitored, at point of
entry and at end-use destination, Iraq’s imports of any dual use items.
Confrontations over access to suspected WMD sites began almost as soon as UNSCOM
began operations in April 1991, prompting adoption of Resolution 707 (August 15, 1991)
requiring unfettered access to all sites and disclosure by Iraq of all its WMD suppliers.
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During March 1996 - October 1997, Iraq impeded inspectors from entering Iraqi security
service and military facilities, and it interfered with some UNSCOM flights. These actions,
which were not resolved by a March 1996 side agreement between UNSCOM and Iraq
governing pre-notification of inspections of defense and security sites, prompted
Resolution 1060 (June 12, 1996) and other Council statements (such as on June 13, 1997)
demanding Iraqi cooperation. Resolution 1115 (June 21, 1997) threatened travel restrictions
against Iraqi officials committing the infractions, and Resolution 1134 (October 23, 1997)
again threatened a travel ban and suspended sanctions reviews until April 1998.
1997-1998 Crises. Six days after that vote, Iraq barred American UNSCOM
personnel from conducting inspections, and on November 13, 1997, it expelled the American
inspectors. In response, Resolution 1137 ( November 12, 1997), imposed travel restrictions
on Iraqi officials. (On November 13, 1997, the House adopted H.Res. 322, backing
unilateral U.S. military action as a last resort. The Senate did not act on a similar resolution,
S.Con.Res. 71, because some Senators wanted it to call for the United States to overthrow
Saddam Hussein.) In November 1997 and February 1998, Russia and U.N. Secretary
General Kofi Annan, respectively, brokered temporarycompromises that enabled UNSCOM
to resume inspections. The February 23, 1998 U.N.-Iraq agreement provided for access to
eight “presidential sites” by weapons inspectors and diplomatic observers. Resolution 1154
(March 2, 1998) accepted that agreement, threatening “the severest consequences” if Iraq
reneged. Iraq allowed presidential site inspections (1,058 buildings) during March 26-April
3, 1998, the travel ban on Iraqi officials was lifted, and sanctions reviews resumed.
Iraq subsequentlyrefused to implement an UNSCOM plan for completing its work and,
in August 1998, barred UNSCOM from inspecting previously inspected facilities. The
Senate and House passed a resolution, S.J.Res. 54 (P.L. 105-235, signed August 14, 1998),
declaring Iraq in “material breach” of the ceasefire. The Security Council adopted
Resolution 1194 (September 9, 1998) demanding full unfettered inspections access and
suspending sanctions reviews. On October 30, 1998, the Security Council offered an easing
of sanctions if Iraq fulfilled WMD and other outstanding requirements, but Iraq demanded
an immediate end to sanctions and ceased cooperation with UNSCOM (but not the IAEA).
The U.N. SecurityCouncil adopted Resolution 1205 (November 5, 1998), deeming the Iraqi
action a “flagrant violation” of the February 1998 U.N.-Iraq agreement. On November 14,
1998, with the United States about to launch airstrikes, Iraq pledged cooperation, averting
strikes but prompting President Clinton to openly declare a U.S. policy of regime change.
Operation Desert Fox and Resolution 1284. After a month of testing Iraq’s
cooperation, UNSCOM said on December 15, 1998 that Iraq refused to yield known
WMD-related documents and that it was obstructing inspections. All inspectors withdrew
and a 70-hour U.S. and British bombing campaign followed (Operation Desert Fox,
December 16-19, 1998), directed against Iraqi WMD-capable facilities and military and
security targets. In an attempt to persuade Iraq to allow a resumption of inspections, after
almost one year of negotiations, the Security Council adopted Resolution 1284 (December
17, 1999) by a vote of 11- 0 (Russia, France, China, and Malaysia abstained). It provided,
subject to a vote of the Security Council, for the suspension of most sanctions if Iraq “fully
cooperates” with a new WMD inspection body (UNMOVIC, U.N. Monitoring, Verification
and Inspection Commission). The resolution called for inspectors to determine within 60
days of reentering Iraq what WMD elimination tasks remain and to report to the Council
every three months. In January 2000, former IAEA director Hans Blix was named head of
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UNMOVIC. In the absence of Iraq’s agreement to allow in-countryinspections during 1999-
2002, UNMOVIC’s staff of about 60 — all employees of the United Nations and not their
individual governments — reviewed documents and imagery, interviewed informants, and
reviewed civilian contracts for goods purchased by Iraq to determine whether certain items
subject to review (“Goods Review List” items) were included.
“Axis of Evil” and U.S. Policy. Amid a debate over whether to expand the post-
September 11 “war on terrorism” to Iraq, based partly on fears that Iraq would not hesitate
to use WMD or provide WMD to terrorist groups, in early 2002 President Bush began to
build a case that the United States must act preemptively to change Iraq’s regime and prevent
its re-emergence as a threat. In his January 2002 State of the Union speech he described Iraq
as part of an “axis of evil,” along with Iran and North Korea. One month prior to that
speech, the House passed H.J.Res. 75 on December 20, 2001, by a vote of 392-12. The
resolution called Iraq’s refusal to readmit U.N. inspectors a “material breach” of its
international obligations and a mounting threat to peace and security. The resolution, not
taken up in the Senate, did not explicitly authorize U.S. military action.
Resolution 1441. After an internal debate, the Administration decided to work
through the U.N. Security Council to force Iraq to disarm. In a September 12, 2002 speech
before the United Nations, President Bush implicitly threatened U.S. military action,
unilateral if necessary, if the United Nations did not enforce existing resolutions on Iraq.
Four days later, Iraq pledged to admit UNMOVIC inspectors without conditions, reversing
a position taken during several meetings with the United Nations in 2002. On October 11,
Congress completed work on a resolution (H.J.Res. 114, P.L. 107-243) authorizing the use
of U.S. armed forces against Iraq.
After several weeks of negotiations, on November 8, 2002 the Security Council
unanimously adopted Resolution 1441 that: (1) declared Iraq in material breach of pre-
existing resolutions; (2) gave Iraq 7 days to accept the resolution and 30 days (until
December 8) to provide a full declaration of all WMD programs; (3) required new
inspections to begin within 45 days (December 23) and an interim progress report within 60
days thereafter (no later than February 21, 2003); (4) declared all sites, including presidential
sites, subject to unfettered inspections; (5) gave UNMOVIC the right to interview Iraqis in
private, including taking them outside Iraq, and to freeze activity at a suspect site; (6) forbade
Iraq from taking hostile acts against any country upholding U.N. resolutions, a provision that
appeared to cover Iraq’s defiance of the “no fly zones;” and (7) gave UNMOVIC the
authority to report Iraqi non-compliance and the Security Council as a whole the opportunity
to meet to consider how to respond to Iraqi non-compliance. This was interpreted by France
and some other countries as requiring a second resolution to authorize force, although the
United States disputed that interpretation.
Iraq accepted the resolution on November 13, 2002, in a defiant letter, and inspections
began on November 27, 2002. Blix said the inspectors received full access in their
inspections of about 450 sites (over 300 by UNMOVIC and 140 by the IAEA). On
December 7, 2002, Iraq submitted its required declaration, but after comparing the Iraqi
declaration to U.S. intelligence assessments, the Bush Administration said shortly thereafter
that there were material omissions that constituted a further material breach of Iraq’s
obligations. Blix criticized the declaration as offering “little new information,” but he did
not call it a material breach. In briefings on the inspections to the Security Council on
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January 27, February 14, and March 7, 2003, Blix and IAEA head Mohammad Baradei said
that Iraq had not fully complied with Resolution 1441 but that Iraq had been providing more
active cooperation since February and that inspections were making progress. They
maintained there had been some substantive disarmament (destruction of the Al Samoud II
missile).
Maintaining that the inspections process would not lead to Iraq’s full disarmament, the
United States, Britain, and Spain called for a Security Council vote on a resolution to set a
short deadline for Iraq to clearly demonstrate full cooperation and voluntary disarmament or
face use of force. After a few weeks of diplomacy, on March 17, 2003, the three countries
determined that the Security Council would not vote in favor of the resolution, and they
withdrew it. That night, President Bush issued an ultimatum for Saddam Hussein and his
sons Uday and Qusay to leave Iraq or face military action. At the same time, Secretary
General Annan ordered the U.N. inspectors out of Iraq. Saddam rebuffed the ultimatum, and
on March 19, U.S. military action (Operation Iraqi Freedom) began. On April 9, 2003, the
Baathist regime vacated Baghdad, signaling the fall of the regime.
Wartime and Post-War WMD Search. With all of Iraq under the control of U.S.-
led forces as of early April 2003, U.S. military-led “Mobile Exploitation Teams (MET)”
began to search for and catalogue any WMD uncovered. After about a month of operations,
the teams announced no confirmed finds of WMD stockpiles, although it did discover
chemical weapons protection equipment and two mobile laboratories that a published CIA
assessment said were for biological weapons production, although some experts within the
intelligence community reportedly dispute that conclusion. In May 2003, the MET turned
over its mission to a larger (about 1,500 personnel) “Iraq Survey Group.” The group is led
by the U.S. military but consists partly of civilian technical experts, including some from
other countries, who served in previous U.N. inspection missions in Iraq. In May 2003, the
Central Intelligence Agencynamed former nuclear inspector David Kayas head of the WMD
search effort within the Survey Group. The Survey Group is also tasked with uncovering
information on the relationship, if any, between Saddam Hussein’s regime and Al Qaeda and
cataloguing findings of mass graves and other human rights abuses by the Saddam regime.
U.S. officials say the effort to find banned WMD is still in its early stages, with about
200 sites searched of a target grouping of about 600 “suspect sites” (as of early July 2003).
However, Administration statements in June suggested that the United States has and will
find more indications of WMD “programs,” suggesting waning U.S. official confidence that
actual weapons of mass destruction would be found. Several U.N. Security Council
members want UNMOVIC and the IAEA to return to Iraq to conduct the search, and IAEA
Director Baradei has said the IAEA should have a role to play in post-war Iraq. Blix retired
on June 30, 2003, and, in a series of interviews in late June 2003, criticized the United States
for being impatient about his mission and what he says was an effort by some U.S. officials
to undermine him. A U.N. Security Council resolution (1483) adopted May 22, 2003,
provides for the possibility that U.N. inspectors might go back, although it does not
specifically authorize that. At the same time, the United States and the IAEA conducted a
joint mission in Iraq in June 2003 to secure nuclear material at Tuwaitha.
CIA Director George Tenet has said the CIA would compare its pre-war intelligence
to actual on-the-ground findings on WMD and other issues to determine the quality of the
pre-war assessments. The U.S. intelligence community’s assessment of Iraq’s pre-war WMD
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was outlined in an unclassified version of a National Intelligence Estimate (NIE), released
in October 2002. Several congressional committees have announced that theyare conducting
inquiries and other research into pre-war intelligence on Iraq’s WMD. Some of these
inquiries will reportedly include research into whether the Administration might have relied
too heavily on information from Iraqi exiles who wanted the United States to go to war to
oust Saddam Hussein.
The following summarizes outstanding issues on Iraq’s WMD, U.S. assessments, and
U.S. findings.
Nuclear Program
The United States believes that Iraq retained the expertise (about 7,000 scientists and
engineers) and intention to rebuild its nuclear program. The unclassified October 2002 NIE
(“the NIE”) said that Iraq “if left unchecked, probably will have a nuclear weapon during this
decade.” The NIE pointed to Iraq’s efforts to procure aluminum tubes that could be used in
a nuclear weapons program. IAEA chief Mohammad Baradei said March 7 that the IAEA
believes the tubes were for use in conventional rocket programs, although their importation
was not legal under the international sanctions regime. Another allegation, contained in
President Bush’s January 2003 State of the Union speech but not in the NIE, said Iraq had
tried to buy large quantities of uranium from Africa (Niger), but the IAEA said in a March
2003 report that documents alleging this procurement of uranium from Niger were “not
authentic.” The inclusion of this allegation has been the subject of a July 2003 White House
admission that the allegation should not have been included in the State of the Union speech
because of CIA doubts about that information, although British officials maintain that much
of that allegation may still be valid. The IAEA said on January 27, 2003, that it had found
no evidence Iraq had restarted a nuclear program, repeating that assessment March 7, 2003.
During 1991-1994, despite Iraq’s initial declaration that it had no nuclear weapons
facilities or unsafeguarded material, UNSCOM/IAEA uncovered and dismantled a
previously-undeclared network of about 40 nuclear research facilities, including three
clandestine uranium enrichment programs (electromagnetic, centrifuge, and chemical isotope
separation) as well as laboratory-scale plutonium separation program. Inspectors found and
dismantled (in 1992) Iraq’s nuclear weapons development program, and theyfound evidence
of development of a radiological weapon (“dirty bomb”), which scatters nuclear material
without an explosion. UNSCOM removed from Iraq all discovered nuclear reactor fuel,
fresh and irradiated. Following the defection of Hussein Kamil (Saddam’s son-in-law and
former WMD production czar) in August 1995, Iraq revealed it had launched a crash
program in August 1990 to produce a nuclear weapon as quickly as possible by diverting fuel
from its reactors for a nuclear weapon. The IAEA report of December 1, 1995, said that, if
Iraq had proceeded with its crash program, Iraq might have produced a nuclear weapon by
December 1992.
In 1997, the IAEA said that Iraq’s nuclear program had been ended and that it had a
relatively complete picture of Iraq’s nuclear suppliers. A May 15, 1998, Security Council
statement reflected a U.S.-Russian agreement to close the nuclear file if Iraq cleared up
outstanding issues (nuclear design drawings, documents, and the fate of some nuclear
equipment). An IAEA report of July 1998 indicated that some questions still remained, and
the United States did not agree to close the file. In May 2000, the IAEA destroyed a nuclear
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centrifuge that Iraq had stored in Jordan in 1991. In January 2002, as it has in each of the
past 3 years, IAEA inspectors verified that several tons of uranium remained sealed, acting
under Iraq’s commitments under the 1968 Nuclear Non-Proliferation Treaty.
Post-War Findings. In late June 2003, an Iraqi nuclear scientist approached U.S.
personnel in Iraq and presented them with parts of a nuclear centrifuge from Iraq’s past
nuclear program. The scientist said he was ordered in 1991 to bury the parts in his personal
garden and that Iraq had planned to reconstitute its nuclear program if and when international
inspections ended.
Chemical Weapons
The October 2002 NIE said Iraq “is expanding its infrastructure, under cover of civilian
industries, that it could use to advance its chemical weapons agent production capability,”
and that the totality of evidence “strongly suggest that Iraq maintains a stockpile of chemical
agents, probably VX, sarin, cyclosarin, and mustard.” A British assessment, released
September 2002, said Iraq had distributed chemical weapons to its field units and could
deploy chemical weapons on 45 minutes’ notice.
In January 2003, during the pre-war round of inspections, UNMOVIC found 16
chemical artillery munitions, believed empty. Iraq included an Iraqi Air Force document in
its December 7, 2002, declaration that indicated that 6,500 chemical bombs were
unaccounted for (13,000 bombs the document says were used versus 19,500 bombs Iraq
previously said were used). An UNMOVIC workplan, submitted March 7, 2003, said
UNMOVIC had found in Iraq previously undeclared cluster munitions that could deliver
chemical or biological agents.
During its tenure, UNSCOM destroyed all chemical weapons materiel uncovered —
38,500 munitions, 480,000 liters of chemical agents, 1.8 million liters of precursor
chemicals, and 426 pieces of production equipment items — and the destruction operation
formally ended on June 14, 1994. In February 1998 UNSCOM discovered that shells taken
from Iraq in 1996 contained 97% pure mustard gas, indicating it was freshly produced.
However, the fate of about 31,600 chemical shells, 550 mustard gas bombs, and 4,000 tons
of chemical precursors remains unknown. UNSCOM’s main outstanding chemical weapons
questions centered on VX nerve agent, which Iraq did not include in its initial 1991
declarations and of which no stockpile was ever located. Iraq did not prove it destroyed the
chemical precursors. By 1995 UNSCOM had uncovered enough circumstantial evidence to
force Iraq to admit to producing about 4 tons of VX, but UNSCOM believed that Iraq had
imported enough precursor — about 600 tons — to produce 200 tons of the agent. In late
June 1998, UNSCOM revealed that some unearthed missile warheads, tested in a U.S. Army
lab, contained traces of VX, contradicting Iraq’s assertions that it had not succeeded in
stabilizing the agent. Separate French and Swiss tests did not find conclusive evidence of
VX. In March 2003, Iraq proposed a technical method to prove its assertions that it
destroyed its VX in 1991. About 170 chemical sites were under monitoring. Iraq did not
sign the Chemical Weapons Convention effective April 29, 1997.
Post-War Findings. U.S. teams have found numerous chemical weapons protection
gear and anti-dote vaccinations (atropine), but no chemical weapons have been found.
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Biological Weapons
The October 2002 NIE said that “all key aspects — R and D, production, and
weaponization — of Iraq’s offensive biological weapons program are active and most
elements are larger and more advanced than they were before the Gulf war. The NIE added
that Iraq was developing unmanned aerial vehicles that probably could be used to deliver
biological weapons.
From the perspective of the various U.N. inspections missions, there were more
unresolved questions about Iraq’s biological weapons than about any other WMD category;
Iraq’s biological declarations during 1991-1998 were considered neither credible nor
verifiable, and very little new was apparently included in Iraq’s December 7, 2002,
declaration. Iraq did not initially (1991) declare any biological materials, weapons, research,
or facilities, and no biological weapons stockpile was ever uncovered. UNSCOM focused
its investigation initially on the major biological research and development site at Salman
Pak, but Iraq partially buried that facility shortly before the first inspections began. In
August 1991, Iraq admitted that it had a biological weapons research program. In July 1995,
Iraq modified its admission by acknowledging it had an offensive biological weapons
program and that it had produced 19,000 liters of botulinum, 8,400 liters of anthrax, and
2,000 liters of aflatoxin, clostridium, and ricin. According to UNSCOM, Iraq imported a
total of 34 tons of growth media for producing biological agents during the 1980s, of which
4 tons remained unaccounted for. Iraq did not give UNSCOM information on its
development of drop tanks and aerosol generators for biological weapons. UNSCOM had
86 biological sites under long-term monitoring. UNSCOM discovered and dismantled the
Al Hakam facility on June 20, 1996. The White House said in late December 2001 that the
anthrax used in the October 2001 mailings appeared to be from a domestic source, such as
a U.S. military laboratory. During the pre-war round of U.N. inspections, in February 2003,
Iraq dug up, under UNMOVIC’s supervision, fragments of more than 100 R-400 biological
bombs (anthrax, botulinum, and aflatoxin) destroyed in 1991 and declared in August 1995.
Post-War Findings. As noted above, the CIA published an assessment in June 2003
that two vehicles discovered in Iraq in April 2003 were those purported biological labs,
although no biological agents were found in them. Press reports say some governmental
experts dispute that finding, saying the vehicles were better suited to manufacturing missile
fuel. Sacks of castor beans, a component of the toxin ricin, were discovered in Iraq in late
June 2003, although the intended use of the beans is not yet known.
Ballistic Missiles
The October 2002 NIE said that Iraq “has developed a ballistic missile capability that
exceeds the 150 km range limitation established by U.N. Security Council Resolution 687.”
That resolution required the destruction of all Iraqi ballistic missiles with a range greater
than 150 km. UNSCOM accounted for 817 of 819 Soviet-supplied Scud missiles, 130 of
which survived the Gulf war, as well as all 14 declared mobile launchers and 60 fixed launch
pads. U.S. analysts believed Iraq might have been concealing as many as 12 Scud-like
missiles and that it was manufacturing propellants for missiles of ranges longer than those
allowed. There is evidence of past Iraqi cheating on missile issues. In December 1995, after
Jordan reported seizing 115 Russian-made missile guidance components allegedlybound for
Iraq, UNSCOM said Iraq had procured some missile components since 1991, a violation of
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sanctions. (That month, UNSCOM retrieved prohibited missile guidance gyroscopes,
suitable for a 2,000 mile range missile, from Iraq’s Tigris River, apparently procured from
Russia’s defense-industrial establishment.)
UNSCOM’s October 1998 report said it had been able to account for at least 43 of the
45 chemical and biological (CBW) warheads Iraq said it unilaterally destroyed in 1991. (The
warheads were unearthed in mid-1998.) An additional 30 chemical warheads were destroyed
under UNSCOM supervision. UNSCOM also accounted for all but 50 conventional Scud
warheads and said it made progress establishing a material balance for Scud engine
components. Unresolved issues included missile program documentation, 300 tons of
special propellant, and indigenous production (30 indigenously-made warheads and 7
missiles).
Iraq was developing permitted-range missiles — the Ababil and Samoud programs and,
prior to Operation Desert Fox, UNSCOM had been monitoring about 63 missile sites and
159 items of equipment, as well as 2,000 permitted missiles. Iraq’s December 7, 2002
declaration said some flight tests of these missiles did exceed the allowed range by about 50
km, and Blix ordered the destruction of the Al Samoud (about 120 missiles) and related
production equipment. Iraq began the destruction by the deadline of March 1, 2003, and
about half of the missile force was destroyed by the time the war started. Iraq’s “Fatah”
program was being studied to see if its range exceeded allowed limits. Some of these
missiles were fired by Iraq into Kuwait during the war thus far, although there were no
confirmed firings of Scud-range missiles, which were banned under Resolution 687. Most
Iraqi missiles fired were intercepted by U.S. or Kuwaiti Patriot systems.
Post-War Findings. No findings of missiles or missile programs of prohibited ranges
have been announced by U.S. teams.
Human Rights/War Crimes Issues
U.S. and U.N. human rights reports since the 1991 Gulf war repeatedly described the
Baath regime as a gross violator of human rights. About 60 mass graves, containing
numbers of remains varying between single digits and the several hundreds, have been
uncovered since the 2003 war began. Some estimates are that there might have been as many
as 300,000 victims of the regime. Most are believed to contain the bodies of Shiite Muslims
killed in the post-1991 war uprisings against Saddam Hussein. In 1994, the Clinton
Administration said it was considering presenting a case against Iraq to the International
Court of Justice under the 1948 Genocide Convention. U.N. Rapporteur for Iraq Max Van
der Stoel’s February 1994 report said that Convention might be violated by Iraq’s abuses
against the Shiite “Marsh Arabs” in southern Iraq, including drainage of the marshes where
they live. In February 2002, Iraq allowed the U.N. human rights rapporteur for Iraq,
Andreas Mavromatis of Cyprus, to visit Iraq, the first such visit since 1992. On October 20,
2002, Saddam Hussein granted an amnesty and released virtually all prisoners in Iraq, calling
the move gratitude for his purported “100%” victory in a referendum (no opponent) on his
leadership on October 15, 2002.
War Crimes Trials. U.N. Security Council Resolution 674 (October 29, 1990) called
on all states or organizations to provide information on Iraq’s 1991 Gulf war-related
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atrocities to the United Nations. The Foreign Relations Authorization Act for FY1992, (P.L.
102-138, October 28, 1991, Section 301) stated the sense of Congress that the President
should propose to the U.N. Security Council a war crimes tribunal for Saddam Hussein.
Similar legislation was later passed, including H.Con.Res. 137, (passed the House November
13, 1997); S.Con.Res. 78, (passed the Senate March 13, 1998); and a provision of the Iraq
Liberation Act (P.L. 105-338, signed October 31, 1998). On July 15, 2003, the newly
appointed “Governing Council” of 25 Iraqis that is working with the U.S.-led Coalition
Provisional Authority decided to form a war crimes tribunal for former regime members. For
analysis of this issue and information on U.S. funding for Iraqi war crimes issues, see CRS
Report RL31339, Iraq: U.S. Efforts to Change the Regime and Post-War Governance.
Support for International Terrorism
U.N. Security Council Resolution 687 required Iraq to end support for international
terrorism, and Iraq made a declaration that it would do so in 1991. Despite that declaration,
known terrorists lived in Iraq up until the time of the 2003 war. Palestine Liberation Front
leader Abu Abbas, whose organization committed the 1985 hijacking of the cruise ship
Achille Lauro, was arrested by U.S. forces in Iraq on April 15, 2003, during the war; his legal
status is now being discussed. In August 2002, Abu Nidal died (committed suicide or was
killed) as Iraqi police went to arrest him for alleged contacts with foreign governments
opposed to Baghdad. During 2000 - 2003, Iraq was paying the families of Palestinian
suicide bombers $25,000, and Iraq reportedly welcomed a few thousand Arab volunteers to
fight against the United States or commit terrorist acts in the course of Operation Iraqi
Freedom. The former regime’s ties to Al Qaeda have been a subject of debate within the
Bush Administration and among outside experts. Little evidence has come to light since
major combat ended that links the Baathist regime to Al Qaeda. The northern Iraq enclave
of a group called Ansar al-Islam, headed by Abu Musab al-Zarqawi, a pro-Al Qaeda or Al
Qaeda-linked activist, was captured during the war. Although Saddam Hussein’s regime has
been removed, Iraq has not yet been removed from the U.S. list of state sponsors of
terrorism. The Bush Administration is expected by experts to remove Iraq from the list at
some point. For information on the former regime’s alleged ties to Al Qaeda, see CRS
Report RL31339, Iraq: U.S. Regime Change Efforts and Post-War Governance, and CRS
Report RL31119, Terrorism: Near Eastern Groups and State Sponsors, 2002.
Iraq-Kuwait Issues
Resolution 1284 required reports on the issues discussed below but, unlike Resolution
687, did not link the easing of any sanctions to Iraqi compliance on Kuwait-related issues.
Resolution 1441 did not impose any new Kuwait-related requirements on Iraq.
Border Issues/Kuwaiti Sovereignty. Resolution 687 required Iraq to annul its
annexation of Kuwait, directed the U.N. Secretary-General to demarcate the Iraq-Kuwait
border, and established a demilitarized zone (abolished after the 2003 war) 10 kilometers into
Iraq and 5 kilometers into Kuwait. Resolution 773 (August 26, 1992) endorsed border
decisions taken by the Iraq-Kuwait Boundary Demarcation Commission (established May
2, 1991) that, in November 1992, finished demarcating the Iraq-Kuwait border as described
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in an October 1963 agreement between Iraq and Kuwait. The border took effect January 15,
1993. The new line deprived Iraq of part of Umm Qasr port and a strip of the Rumaylah oil
field, which straddles the border. On March 18, 1993, the Commission determined the sea
border, allowing both countries access to the Gulf. Resolution 833 (May 27, 1993)
demanded that Iraq and Kuwait accept the final border demarcation. On November 10, 1994,
Iraq formally recognized Kuwait in a motion signed by Saddam Hussein. At the Arab
summit in Beirut (March 27-29, 2002), Iraq reaffirmed its commitment to Kuwait’s territorial
integrity and pledged to cooperate to determine the fate of missing Kuwaitis (see below). On
December 7, 2002, Saddam Hussein issued an “apology” to Kuwait for the invasion, but
Kuwait rejected it as insincere.
Until it ended operations on the eve of the current war, the 32-nation U.N. Iraq-Kuwait
Observer Mission (UNIKOM), established by Resolutions 687 and 689 April 9, 1991),
monitored border violations. The United States contributed 11 personnel to the 197
observers in UNIKOM, which was considered a U.N. peacekeeping operation. Under
Resolution 806 (February 5, 1993), passed after Iraqi incursions into the demilitarized zone
in January1993 (and other incidents), a 908-member Bengali troop contingent supplemented
the observer group. Kuwait furnished two-thirds of UNIKOM’s $51 million annual budget.
The United States contributed about $4.5 million per year to UNIKOM.
Kuwaiti Detainees and Property. Security Council Resolutions 686 and 687
require Iraq to account for Kuwaiti and other nationals detained in Iraq during the Persian
Gulf crisis. Of an initial 628 Kuwaiti cases, 608 were unresolved (ICRC figure as of May
2000) at the beginning of the 2003 war, as were the cases of an additional 17 Saudi nationals.
Iraq admitted to having arrested and detained 126 Kuwaitis, but did not provide enough
information to resolve their fate. Only three cases were resolved during 1995-2003. A few
bodies of the Kuwaiti missing have been uncovered by U.S.-led forces in Iraq, according to
Kuwait officials. Since January 1995, Iraq and Kuwait were meeting every month on the
Iraq-Kuwait border, along with U.S., British, French, and Saudi representatives, but Iraq
boycotted the meetings after Operation Desert Fox. In February 2000, retired Russian
diplomat Yuli Vorontsov was appointed to a new post (created by Resolution 1284) of U.N.
coordinator on the issue of missing Kuwaiti persons and unreturned property. Iraq did not
allow him to visit Iraq, and in April, June, and August 2000, as well as in March, April, and
June 2001, the Security Council issued statements of concern about the lack of progress.
On December 12, 2002, Iraq publicly invited Vorontsov to visit, but no visit occurred. In
January 2003, Iraq held a few meetings with Kuwait and Saudi Arabia on the issue, pledging
to bring forward new information on the fate of the missing, but no outstanding cases were
resolved. Resolution 1483, adopted on May 22, 2003, directs Vorontsov to attempt to clear
up the issue of missing Kuwaitis and Kuwait property.
As of late July 2003, the remains of three of the missing Kuwaitis have been found by
U.S.-led forces in Iraq. Additional potential remains are being tested — remains that have
been found in some of the mass graves uncovered by U.S.-led forces.
In April 2002, Iraq offered to receive a U.S. team to discuss the case of missing Gulf
war Navy pilot Michael Speicher, but Defense Department officials declined on doubts of
the benefits of a visit. Some possible clues on Speicher’s fate have been found by U.S.-led
forces in Iraq, but no definitive information on his fate has yet come to light.
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U.N. Security Council Resolutions 686 and 687 required Iraq to return all property
seized from Kuwait. In the first few years after the cease-fire, Iraq returned some Kuwaiti
civilian and military equipment, including U.S.-made Improved Hawk air defense missiles,
and a June 2000 Secretary General report and a June 19, 2000 Security Council statement did
note that Iraq had returned “a substantial amount of property.” However, in 1994, U.S.
officials accused Iraq of returning to Kuwait some captured Iranian equipment that was never
part of Kuwait’s arsenal and of using Kuwaiti missiles and armored personnel carriers
during Iraq’s October 1994 troop move toward the Kuwait border. The United Nations and
Kuwait say Iraq has not returned extensive Kuwaiti state archives and museum pieces, as
well as military equipment including eight Mirage F-1 aircraft, 245 Russian-made fighting
vehicles, 90 M113 armored personnel carriers, one Hawk battery, 3,750 Tow anti-tank
missiles, and 675 Russian-made surface-to-air missile batteries. Iraq claimed the materiel
was left behind or destroyed when Iraq evacuated Kuwait. In July 2002, an agreement was
reached on a “mechanism” for Iraq to return Kuwait’s state archives (six truckloads of
documents) to Kuwait. Iraq began the return of tons of documents on October 20, 2002,
although Kuwait said key archives were not returned. Iraq returned some additional property
in early February 2003. U.S.-led forces have not announced any finds of Kuwaiti property.
Reparations Payments
The U.N. Security Council had set up a mechanism for compensating the victims of
Iraq’s invasion of Kuwait (individuals, governments, and corporations), using 25% (reduced
from 30% in December 2000) of the proceeds from Iraqi oil sales. That figure was reduced
to 5% of Iraq’s revenues by Resolution 1483 of May 22, 2003. As of June 2003, the
Compensation Commission (UNCC) has approved claims worth about $46 billion, of a total
asserted value of $350 billion claims submitted. The latest approved award, on June 26,
2003, was for $1.5 billion to the Kuwait Investment Authority, far below the asserted $86.7
billion asserted value of the claim.
Following a July 2003 payout of about $190 million mostlyto Kuwaitis and Jordanians,
the UNCC has paid out about $17.78 billion. Payouts to U.S. claimants thus far total over
$666 million. In September 2000, the UNCC governing council approved an award to
Kuwait of $15.9 billion for oil revenues lost because of the Iraqi occupation and the
aftermath of the war (burning oil wells). In June 2001, the UNCC approved $243 million
in payments to all of Iraq’s immediate neighbors (except Turkey) for studies of Gulf war
environmental damage. Of this amount, $5 million was approved for Iraq’s legal expenses
to counter the expected environmental reparations claims. Kuwait was awarded $700 million
in October 2002 to cover the cost of removing Iraqi mines laid in the Gulf war.
Several legislative proposals (“Iraq Claims Act”) to distribute Iraq’s frozen assets (about
$2.4 billion) in the United States (separate from the U.N. compensation process) were not
enacted, because of differences over categories of claimants that should receive priority. On
March 20, 2003, President Bush issued an executive order for the U.S. government to
confiscate the approximately $2.4 billion in frozen Iraqi assets and to use most of that
amount for reconstruction of Iraq following the current war. The Administration reportedly
plans to withhold about $700 million of the assets to pay out to potential claimants for Iraq’s
assets. (See CRS Report 98-240, Iraq: Compensation and Assets Issues.)
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Unwinding the Containment Policy
Now that the regime of Saddam Hussein has ended, the United States is in the process
of establishing an Iraqi government, moving Iraq to a fully functioning economy that
conducts normal international commerce, and restructuring the U.S. militaryposture that had
been in place to contain Saddam Hussein since the 1991 Gulf war.
Reconstruction and Ending the Oil-for-Food Program
During the 1990s, as international concerns for the plight of the Iraqi people grew, the
United States had increasing difficulty maintaining support for international sanctions. The
oil-for-food program (OFF), established byResolution 986 (April 15, 1995) and in operation
since December 1996, was progressively modified to improve Iraq’s living standards, and
the United States had been easing its own sanctions to align them with the program. The
program is to be phased out over a six-month period, as mandated by Resolution 1483 of
May 22, 2003, which also largely lifts the U.N. sanctions imposed on Iraq for the 1990
Kuwait invasion. The United States is hoping that the easing of sanctions and the gradual
restoration of security will create the conditions for a revival of Iraq’s economy and the
development of an economic engine to fund reconstruction. Iraqi oil experts were expecting
Iraq’s oil exports, which resumed in mid-June 2003, to reach 1 million barrels per day by mid
July and pre-war levels (2.2 million barrels per day) by the end of the year, although Iraq’s
oil industry revival seems to be behind that schedule. For information on the oil-for-food
program and the easing of U.S. and international sanctions post-war, see CRS Report
RL30472, Iraq: Oil-For-Food Program, Sanctions, and Illicit Trade. For information on
post-war humanitarian and reconstruction issues, see CRS Report RL31833, Iraq: Recent
Developments in Humanitarian and Reconstruction Assistance.
Prior to the oil-for-food program, funds for civilian goods and the implementation of
U.N. resolutions on Iraq were drawn from frozen Iraqi assets transferred — or direct
contributions — to a U.N. escrow account pursuant to Resolution 778 (October 2, 1992).
Total U.S. transfers to the escrow account, which matched contributions from other
countries, reached $200 million, the maximum required under Resolution 778. These
transfers were being repaid to the United States from proceeds of the OFF program.
Resolutions 1284 and 1302 (June 8, 2000) suspended reimbursements until the end of 2000;
about $173 million was due back to the United States. Repayments resumed in 2001.
Changing U.S. Military Deployments
Prior to the 2003 war, U.S. deployments had focused on containing Iraq. The United
States and Britain enforced two “no fly zones” to provide a measure of protection for Iraq’s
Kurdish minority and other objects of regime repression and to contain Iraq militarily. To
enforce the no-fly zones, the two allies invoked U.N. Resolution 678 (November 29, 1990,
authorizing use of force to expel Iraq from Kuwait), 687 (the main ceasefire resolution), 688
(human rights), and the Safwan Accords (the March 3, 1991 cease-fire agreements between
Iraq and the coalition forces that banned Iraqi interference with allied air operations).
Resolutions 678 and 687 were written under Chapter VII of the U.N. Charter, dealing with
peace and security, and were interpreted as allowing military action to enforce these
resolutions. Resolution 688 was not written under Chapter VII, nor did that or any other
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resolution specifically establish no fly zones. In response to Iraq’s movement of troops
toward Kuwait in October 1994, Security Council Resolution 949 (October 15, 1994)
demanded Iraq not deploy forces to threaten its neighbors. The United States and Britain
interpreted this as authorizing military action if Iraq enhanced (numbers or quality of
armament) its forces below the 32nd parallel. Such enhancements included Iraq’s movement
of air defense equipment into the zones.
To justify Operation Desert Fox (December 1998), the Administration cited additional
justification from Resolution 1154 (see above), which warned of “the severest consequences”
for non-compliance. Section 1095 of P.L. 102-190, the Defense Authorization Act for
FY1992, signed December 5, 1991, expressed Congress’ support for “all necessary means”
to achieve the goals of U.N. Resolution 687. In instances of strikes on Iraq for no fly zone
or other infractions, the Administration also cited congressional action (primarily P.L. 102-1
of January 12, 1991), authorizing military action to expel Iraq from Kuwait.
The several years prior to the U.S.-led war in 2003 were characterized by occasional
U.S. strikes on Iraqi military emplacements. During March 2000-March 2001, Iraqi air
defenses fired at or near fixed radar or allied aircraft enforcing both zones on 500 occasions,
in many cases provoking U.S. strikes on the activated missile batteries. On February 16,
2001, the United States and Britain struck elements of that network north of the southern no
fly zone, in response to Iraq’s increasing ability to target U.S. aircraft. U.S. aircraft did not
go beyond the zone. During 2002, Iraqi air defenses and related infrastructure were bombed
about 60 times in response to about 200 provocations, and U.S. strikes on Iraqi facilities
have become more frequent since late 2002 in conjunction with U.S. preparations for
possible military action against Iraq. During the U.S. buildup to Operation Iraqi Freedom,
the target list was expanded to include those systems, such as surface-to-surface missiles,
that could be used against U.S. ground forces.
With Saddam Hussein’s regime overthrown, U.S. officials said in mid-April 2003 that
the no fly zones are no longer enforced and that many of the U.S. aircraft involved in those
operations have now been redeployed. The Defense Department also announced that the
United States will draw down force in Saudi Arabia, estimated at about 6,000 before the war,
to the few hundred that were there prior to the 1990 invasion of Kuwait. Those forces had
been a source of some strain in light of the resentment of Saudi citizens to the presence of
non-Muslim forces in the Kingdom. Some of those forces will be redeployed to a new U.S.
air command center in Qatar. It is likely that the United States will, over the long term,
sharply reduce the approximately 25,000 U.S. personnel that were kept in the Gulf during
the 1990s. There has been some public discussion that the United States might seek
permanent basing arrangements in Iraq, but the Defense Department has said no decision to
seek such an agreement has been made. For more information on the U.S. military posture
in the Gulf, see CRS Report RL31533, Persian Gulf: Issues for U.S. Policy, 2003.
Costs of Containment. Saudi Arabia, Kuwait, and the United Arab Emirates
contributed a total of $37 billion to the $61.1 billion in incremental costs of Desert Storm,
all of which has been paid. From the end of the Gulf war until the start of the war, the
Defense Department incurred about $11.5 billion in costs to contain Iraq and provide
humanitarian aid to the Kurds. About $1.2 billion was spent in FY2002. The Department
of Defense, under the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a),
assisted UNSCOM by providing U-2 surveillance flights (suspended since the December 15,
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1998 UNSCOM pullout), intelligence, personnel, equipment, and logistical support, at a cost
of about $15 million per year. (See CRS Issue Brief IB94040, Peacekeeping: Issues of U.S.
Military Involvement.)
Establishing a New Government
The fall of the Saddam Hussein regime created a power vacuum in Iraq. Among the
contenders for power are groups that had been part of the ten-year U.S. effort to destabilize
Saddam, as well as new elements that were in Iraq but were repressed during Saddam’s rule.
The following is a brief discussion of some of the ethnic and religious communities repressed
under Saddam Hussein’s rule and the steps the United States took to protect these
communities during the 1991-2002 containment policy period. For more information on the
contenders for power and post-war governance issues, see CRS Report RL31339, Iraq: U.S.
Regime Change Efforts and Post-War Governance.
Kurds/Operation Northern Watch (ONW). The United States has committed itself
to maintaining Iraq’s territorial integrity, meaning that the Kurdish north should stay as a part
of Iraq rather than seek independence. During the U.S. containment policy, the United States
protected the Kurds by enforcing a northern no fly zone, set up in April 1991 (Operation
Northern Watch). The zone extended north of the 36th parallel. After the September 1996
Iraqi incursion into northern Iraq, humanitarian aspects of ONW were ended and France
ended its ONW participation. Every six months during the 1990s, Turkey renewed for six
months basing rights at Incirlik Air Base for the 24 American aircraft and about 1,300 U.S.
forces (plus allied forces). However, Turkey feared that ONW protected the anti-Turkish
Kurdistan Workers’ Party (PKK), which takes refuge in parts of northern Iraq, and Turkey
made repeated attacks against the PKK after May 1997.
In the aftermath of the 1991 Gulf war, the two leading Iraqi Kurdish parties, the KDP
led by Masud Barzani and the Patriotic Union of Kurdistan (PUK) led by Jalal Talabani,
agreed in May 1992 to share power after parliamentary and executive elections. In May
1994, tensions between them flared into clashes, and the KDP turned to Baghdad for
backing. In August 1996, Iraqi forces helped the KDP capture Irbil, seat of the Kurdish
regional government. With U.S. mediation, the Kurdish parties agreed on October 23, 1996,
to a cease-fire and the establishment of a 400-man peace monitoring force composed mainly
of Turkomens (75% of the force). The United States funded the force with FY1997 funds
of $3 million for peacekeeping (Section 451 of the Foreign Assistance Act), plus about $4
million in DOD drawdowns for vehicles and communications gear (Section 552 of the FAA).
Also set up was a peace supervisory group consisting of the United States, Britain,
Turkey, the PUK, the KDP, and Iraqi Turkomens. A tenuous cease-fire held since November
1997 and the KDP and PUK leaders signed an agreement in Washington in September 1998
to work toward resolving the main outstanding issues (sharing of revenues and control over
the Kurdish regional government). Reconciliation efforts showed substantial progress in
2002; on October 4, 2002, the two Kurdish factions jointly reconvened the Kurdish regional
parliament for the first time since their 1994 clashes. In June 2002, the United States gave
the Kurds $3.1 million in new assistance to help continue the reconciliation process. Both
parties have been represented in the umbrella Iraqi National Congress, but both also
maintained a dialogue with Saddam Hussein’s regime. The Kurds had threatened to fight
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against any Turkish forces that might deploy inside northern Iraq as part of a U.S.-led war,
but Turkeydid not deployin large numbers during Operation Iraqi Freedom because U.S.-led
forces largely kept Kurdish forces minimal in areas of Iraq that are of concern to Turkey,
such as Kirkuk. The two main Kurdish leaders are on the Governing Council, but it is likely
the Kurds will push to administer their northern areas with minimal interference from
Baghdad rather than seek a major role in the Baghdad-based post-Saddam regime.
Shiite Muslims/Operation Southern Watch. Shiites constitute a majorityin Iraq
but historically have been repressed; they are now major contenders for power in post-war
Iraq. Fearing that Iraq’s Shiites are loyal to Iran, the United States did not support the post-
1991 war uprisings by the Shiites, and many Shiites still resent the United States for standing
aside as Saddam Hussein crushed the uprisings and executed many of those involved. The
U.S.-led coalition declared a no-fly zone over southern Iraq (south of the 32nd parallel) to
protect the Shiites on August 26, 1992 (Operation Southern Watch). The overflights were
primarily part of the U.S. containment strategy rather than a concerted effort to help Shiite
Muslims in Iraq, according to most observers. The United States and the United Kingdom
(but not France) expanded the southern no fly zone up to the 33rd parallel on September 4,
1996, after Saddam Hussein’s move into northern Iraq. France ended its participation
entirely after Desert Fox. Several Shiite Islamist organizations, some of which are closely
tied to Iran, have asserted themselves in post-Saddam Iraq, and two of them — the Supreme
Council of the Islamic Revolution in Iraq and the Da’wa (Islamic Call) Party — are on the
Governing Council.
CRS-15
نسخة أخرى (الإنكليزية): 2003-06-30 — IB92117_2003-06-30.pdf
Order Code IB92117
CRS Issue Brief for Congress
Received through the CRS Web
Iraq: Weapons Programs,
U.N. Requirements, and U.S. Policy
Updated June 30, 2003
Kenneth Katzman
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ̃ The Library of Congress
CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Weapons of Mass Destruction (WMD)
1997-1998 Crises
Operation Desert Fox and Aftermath
“Axis of Evil” and U.S. Policy
Resolution 1441
Wartime and Post-War WMD Search
Nuclear Program
Older Unresolved Questions
Post-War Findings
Chemical Weapons
Older Unresolved Issues
Post-War Findings
Biological Weapons
Older Unresolved Issues
Post-War Findings
Ballistic Missiles
Older Unresolved Issues
Post-War Findings
Human Rights/War Crimes Issues
War Crimes Trials
International Terrorism/September 11
Iraq-Kuwait Issues
Border Issues/Kuwaiti Sovereignty
Kuwaiti Detainees and Property
Reparations Payments
Unwinding the Containment Policy
Reconstruction and Ending the Oil-for-Food Program
Changing U.S. Military Deployments
Costs of Containment
Post-War Military Posture
Establishing a New Government
Kurds/Operation Northern Watch (ONW)
Shiite Muslims/Operation Southern Watch
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Iraq: Weapons Programs, U.N. Requirements, and U.S. Policy
SUMMARY
After accusing Iraq of failing to comply
with U.N. Security Council resolutions that
require Iraq to rid itself of WMD, the Bush
Administration began military action against
Iraq on March 19, 2003, and the regime of
Saddam Hussein fell on April 9. Since then,
U.S. teams have been attempting to uncover
Iraq’s suspected weapons of mass destruction
(WMD) stockpiles, but only minor finds have
been reported thus far.
Part of the debate over U.S. policy
centered on whether Iraq’s WMD programs
could be ended through U.N. weapons inspec-
tions. During 1991-1998, a U.N. Special
Commission on Iraq (UNSCOM) made con-
siderable progress in dismantling and moni-
toring Iraq’s WMD but was unable to finish
verifying Iraq’s claim that it has destroyed all
its WMD or related equipment. Iraq’s refusal
of full cooperation with UNSCOM eventually
prompted U.S.-British military action in
December 1998. All inspectors withdrew and
Iraq was uninspected during 1998-2002,
leaving uncertainty as to the status of Iraq’s
WMD programs. At the start of military
action, many of the questions about those
programs remained unresolved. U.N. Security
Council resolution 1483, adopted May 22,
2003, lifts sanctions on Iraq and provides for
the possibility that U.N. inspectors will return
to Iraq, although the United States has said it,
not the United Nations, will be responsible for
post-war WMD searches.
On November 10, 1994, Iraq accepted a
U.N.-designated land border with Kuwait
(confirmed by Resolution 833) as well as
Kuwaiti sovereignty. Prior to the start of the
2003 war, Iraq did not detail the fate of about
600 Kuwaitis still missing from the first Gulf
war and did not return all Kuwaiti property
taken. U.S. teams in Iraq are attempting to
resolve those issues as well.
Iraq was widely deemed non-compliant
in other areas, especially human rights issues.
A U.S.-led no-fly zone provided some protec-
tion to Kurdish northern Iraq after April 1991.
Since August 1992, a no-fly zone was en-
forced over southern Iraq, where historically
repressed Iraqi Shiites are concentrated. The
zone was expanded in August 1996, but Iraq
nonetheless maintained a substantial ground
presence in the south. Iraq openly challenged
both no-fly zones after December 1998.
Those enforcement operations ended after the
fall of the regime. Since the fall of the re-
gime, U.S. teams have discovered several
mass graves containing primarily Shiites and
Kurds that Saddam Hussein had characterized
as a threat to the regime.
Congressional Research Service ̃ The Library of Congress
IB92117 06-30-03
MOST RECENT DEVELOPMENTS
After several reports by the U.N. weapons inspectors on their work under U.N. Security
Council Resolution 1441 (November 8, 2002), the U.N. Security Council did not agree to
authorize use of force against Iraq. All inspectors were withdrawn, and the United States,
Britain, and a few other allies began a military offensive against Iraq on March 19, 2003.
Saddam Hussein’s regime vacated Baghdad on April 9.
BACKGROUND AND ANALYSIS
In response to Iraq’s August 2, 1990 invasion of Kuwait, U.N. Security Council
Resolution 678 (November 29, 1990) authorized the use of force to expel Iraq from Kuwait.
After the Persian Gulf war (January 16 - February 28, 1991), a cease-fire was declared in
Security Council Resolution 686 (March 2, 1991). The primary cease-fire resolution was
Security Council Resolution 687 (April 3, 1991), which required Iraq — in return for a
graduated easing of sanctions — to end its weapons of mass destruction programs, recognize
Kuwait, account for missing Kuwaitis, return Kuwaiti property, and end support for
terrorism. Iraq accepted the resolution. Iraq was required by Resolution 688 (April 5, 1991)
to end repression of its people. In forty reviews (at 60-day intervals) of Iraqi compliance
from the end of the Gulf war in 1991 until August 20, 1998, the U.N. Security Council
maintained the comprehensive international sanctions on Iraq’s imports and exports imposed
by Security Council Resolution 661 (August 6, 1990). After the breakdown of the original
weapons inspections regime in December 1998, two additional major resolutions (1284 of
December 17, 1999 and 1441 of November 8, 2002) were adopted in an effort to resume
U.N. disarmament efforts. Including Resolution 1441, a total of 17 U.N. resolutions required
Iraq’s complete dismantlement of its WMD programs. (See CRS Report RL30472, Iraq:
Oil-for-Food Program, Sanctions, and Illicit Trade; and CRS Report RL31339, Iraq: U.S.
Efforts to Change the Regime and Post-War Governance.)
Weapons of Mass Destruction (WMD)
During 1991-1998, a U.N. Special Commission (UNSCOM) and the International
Atomic Energy Agency (IAEA) attempted to verify that Iraq had ended all its prohibited
WMD programs and to establish a long-term monitoring program of WMD facilities
(Resolution 715, October 11, 1991). The monitoring program, accepted by Iraq in
November 1993, consisted of visitations and technical surveillance of about 300 sites. Under
Resolution 1051 (March 27, 1996), U.N. weapons inspectors monitored, at point of entry
and at end-use destination, Iraq’s imports of any dual use items.
Confrontations over access to suspected WMD sites began almost as soon as UNSCOM
began operations in April 1991, prompting adoption of Resolution 707 (August 15, 1991)
requiring unfettered access to all sites and disclosure by Iraq of all its WMD suppliers.
During March 1996 - October 1997, Iraq impeded inspectors from entering Iraqi security
service and military facilities, and it interfered with some UNSCOM flights. These actions,
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which were not resolved by a March 1996 side agreement between UNSCOM and Iraq
governing pre-notification of inspections of defense and security sites, prompted
Resolution 1060 (June 12, 1996) and other Council statements (such as on June 13, 1997)
demanding Iraqi cooperation. Resolution 1115 (June 21, 1997) threatened travel restrictions
against Iraqi officials committing the infractions, and Resolution 1134 (October 23, 1997)
again threatened a travel ban and suspended sanctions reviews until April 1998.
1997-1998 Crises. Six days after that vote, Iraq barred American UNSCOM
personnel from conducting inspections, and on November 13, 1997, it expelled the
Americans. Resolution 1137 ( November 12, 1997), imposed travel restrictions on Iraqi
officials. (On November 13, 1997, the House adopted H.Res. 322, backing unilateral U.S.
military action as a last resort. The Senate did not act on a similar resolution, S.Con.Res. 71,
because some Senators wanted it to call for the United States to overthrow Saddam Hussein.)
In November 1997 and February 1998, Russia and U.N. Secretary General Kofi Annan,
respectively, brokered temporary compromises that enabled UNSCOM to resume
inspections. The February 23, 1998 U.N.-Iraq agreement provided for access to eight
“presidential sites” by weapons inspectors and diplomatic observers. Resolution 1154
(March 2, 1998) accepted that agreement, threatening “the severest consequences” if Iraq
reneged. Iraq allowed presidential site inspections (1,058 buildings) during March 26-April
3, 1998, the travel ban on Iraqi officials was lifted, and sanctions reviews resumed.
Iraq subsequentlyrefused to implement an UNSCOM plan for completing its work and,
in August 1998, barred UNSCOM from inspecting previously inspected facilities. The
Senate and House passed a resolution, S.J.Res. 54 (P.L. 105-235, signed August 14, 1998),
declaring Iraq in “material breach” of the ceasefire. The Security Council adopted
Resolution 1194 (September 9, 1998) demanding full unfettered inspections access and
suspending sanctions reviews. On October 30, 1998, the Security Council offered an easing
of sanctions if Iraq fulfilled WMD and other outstanding requirements, but Iraq demanded
an immediate end to sanctions and ceased cooperation with UNSCOM (but not the IAEA).
The U.N. SecurityCouncil adopted Resolution 1205 (November 5, 1998), deeming the Iraqi
action a “flagrant violation” of the February 1998 U.N.-Iraq agreement. On November 14,
1998, with the United States about to launch airstrikes, Iraq pledged cooperation, averting
airstrikes but prompting President Clinton to openly declare a U.S. policy of regime change.
Operation Desert Fox and Aftermath. After a month of testing Iraq’s cooperation,
UNSCOM said on December 15, 1998 that Iraq refused to yield known WMD-related
documents and that it was obstructing inspections. All inspectors withdrew and a 70-hour
U.S. and British bombing campaign followed (Operation Desert Fox, December 16-19,
1998), directed against Iraqi WMD-capable facilities and military and security targets. After
almost one year of negotiations, the Security Council adopted Resolution 1284 (December
17, 1999) by a vote of 11- 0 (Russia, France, China, and Malaysia abstained), providing,
subject to a vote of the Security Council, for the suspension of most sanctions if Iraq “fully
cooperates” with a new WMD inspection body (UNMOVIC, U.N. Monitoring, Verification
and Inspection Commission). The resolution called for inspectors to determine within 60
days of reentering Iraq what WMD elimination tasks remain and to report to the Council
every three months. In January 2000, former IAEA director Hans Blix was named head of
UNMOVIC. In the absence of Iraq’s agreement to allow in-countryinspections during 1999-
2002, UNMOVIC’s staff of 63 — all employees of the United Nations and not their
individual governments — reviewed documents and imagery, interviewed informants, and
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reviewed civilian contracts for goods purchased by Iraq to determine whether certain items
subject to review (“Goods Review List” items) were included.
“Axis of Evil” and U.S. Policy. Amid a growing debate over whether to expand the
post-September 11 “war on terrorism” to Iraq, based partly on fears that Iraq would not
hesitate to use WMD or provide WMD to terrorist groups, in early 2002 President Bush
began to build a case that the United States must act preemptively to change Iraq’s regime
and prevent its re-emergence as a threat. In his January 2002 State of the Union speech he
described Iraq as part of an “axis of evil,” along with Iran and North Korea. One month prior
to that speech, the House passed H.J.Res. 75 on December 20, 2001, by a vote of 392-12.
The resolution called Iraq’s refusal to readmit U.N. inspectors a “material breach” of its
international obligations and a mounting threat to peace and security. The resolution, not
taken up in the Senate, did not explicitly authorize U.S. military action.
Resolution 1441. After an internal debate, the Administration decided to work
through the U.N. Security Council to force Iraq to disarm. In a September 12, 2002 speech
before the United Nations, President Bush implicitly threatened U.S. military action,
unilateral if necessary, if the United Nations did not enforce existing resolutions on Iraq.
Four days later, Iraq pledged to admit UNMOVIC inspectors without conditions, reversing
a position taken during several meetings with the United Nations in 2002. On October 11,
Congress completed work on a resolution (H.J.Res. 114, P.L. 107-243) authorizing the use
of U.S. armed forces against Iraq.
After several weeks of negotiations, on November 8, 2002 the Security Council
unanimously adopted Resolution 1441 that: (1) declared Iraq in material breach of pre-
existing resolutions; (2) gave Iraq 7 days to accept the resolution and 30 days (until
December 8) to provide a full declaration of all WMD programs; (3) required new
inspections to begin within 45 days (December 23) and an interim progress report within 60
days thereafter (no later than February21, 2003); (4) declared all sites, including presidential
sites, subject to unfettered inspections; (5) gave UNMOVIC the right to interview Iraqis in
private, including taking them outside Iraq, and to freeze activity at a suspect site; (6) forbade
Iraq from taking hostile acts against any country upholding U.N. resolutions, a provision that
appeared to cover Iraq’s defiance of the “no fly zones;” and (7) gave UNMOVIC the
authority to report Iraqi non-compliance and the Security Council as a whole the opportunity
to meet to consider how to respond to Iraqi non-compliance. This was interpreted by France
and some other countries as requiring a second resolution to authorize force, although the
United States disputed that interpretation.
Iraq accepted the resolution on November 13, 2002, in a defiant letter, and inspections
began on November 27, 2002. Blix said the inspectors received full access in their
inspections of about 450 sites (over 300 by UNMOVIC and 140 by the IAEA). On
December 7, 2002, Iraq submitted its required declaration, but after comparing the Iraqi
declaration to U.S. intelligence assessments, the Bush Administration said shortly thereafter
that there were material omissions that constituted a further material breach of Iraq’s
obligations. Blix criticized the declaration as offering “little new information,” but he did
not call it a material breach. In briefings on the inspections to the Security Council on
January 27, February 14, and March 7, 2003, Blix and IAEA head Mohammad Baradei said
that Iraq had not fully complied with Resolution 1441 but that Iraq had been providing more
active cooperation since February and that inspections were making progress. They
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maintained there had been some substantive disarmament (destruction of the Al Samoud II
missile).
Maintaining that the inspections process would not lead to Iraq’s full disarmament, the
United States, Britain, and Spain called for a Security Council vote on a resolution to set a
short deadline for Iraq to clearly demonstrate full cooperation and voluntary disarmament or
face use of force. After a few weeks of diplomacy, on March 17, 2003, the three countries
determined that the Security Council would not vote in favor of the resolution, and they
withdrew it. That night, President Bush issued an ultimatum for Saddam Hussein and his
sons Uday and Qusay to leave Iraq or face military action. At the same time, Secretary
General Annan ordered the U.N. inspectors out of Iraq. Saddam rebuffed the ultimatum, and
on March 19, U.S. military action (Operation Iraqi Freedom) began. On April 9, 2003, the
Baathist regime vacated Baghdad, signaling the fall of the regime.
Wartime and Post-War WMD Search. With all of Iraq under the control of U.S.-
led forces as of early April 2003, U.S. military-led “Mobile Exploitation Teams (MET)”
began to search for and catalogue any WMD uncovered. After about a month of operations,
the teams announced no confirmed finds of WMD stockpiles, although it did discover
chemical weapons protection equipment and two mobile laboratories that a published CIA
assessment said were for biological weapons production, although some experts within the
intelligence community reportedly dispute that conclusion. In May 2003, the MET turned
over its mission to a larger (about 2,000 personnel) “Iraq Survey Group.” The group is led
by the U.S. military but consists partly of civilian technical experts, including some from
other countries, who served in previous U.N. inspection missions in Iraq. The group is also
tasked with uncovering information on the relationship, if any, between Saddam Hussein’s
regime and Al Qaeda and cataloguing findings of mass graves and other human rights abuses
by the Saddam regime.
U.S. officials say the effort to find banned WMD is still in its early stages, with about
200 sites searched of a target grouping of about 600 “suspect sites” (as of June 20, 2003).
However, Administration statements in June suggested that the United States has and will
find more indications of WMD “programs,” suggesting waning U.S. official confidence that
actual weapons of mass destruction would be found. Several U.N. Security Council
members want UNMOVIC and the IAEA to return to Iraq to conduct the search, and IAEA
Director Baradei has said the IAEA should have a role to play in post-war Iraq. Blix retired
on June 30, 2003, and, in a series of interviews over the past few weeks, has criticized the
United States for being impatient about his mission and what he says was an effort by some
U.S. officials to undermine him. The U.N. Security Council resolution (1483) adopted May
22, 2003, provides for the possibility that U.N. inspectors might go back, although it does
not specifically authorize that. At the same time, the United States and the IAEA conducted
a joint mission in Iraq in June 2003 to secure nuclear material at Tuwaitha.
CIA Director George Tenet has said the CIA would compare its pre-war intelligence
to actual on-the-ground findings on WMD and other issues to determine the quality of the
pre-war assessments. Several congressional committees have announced that they are
conducting inquiries and other research into pre-war intelligence on Iraq’s WMD. Some of
these inquiries will reportedly include research into whether the Administration might have
relied too heavily on information from Iraqi exiles who wanted the United States to go to war
to oust Saddam Hussein.
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The following summarizes outstanding issues on Iraq’s WMD and U.S. findings.
Nuclear Program
Older Unresolved Questions. The United States believes that Iraq retained the
expertise (about 7,000 scientists and engineers) and intention to rebuild its nuclear program.
Administration officials pointed particularly to reputed attempts to purchase materials
abroad, including uranium from Niger and aluminum tubes that could be used in a nuclear
weapons program. IAEA chief Mohammad Baradei said March 7 that the IAEA believes the
tubes were for use in conventional rocket programs, although their importation was not legal
under the international sanctions regime. He also said documents alleging attempted
procurement of uranium from Niger were “not authentic.” The IAEA said on January 27,
2003, that it had found no evidence Iraq had restarted a nuclear program, and it repeated that
assessment March 7, 2003.
During 1991-1994, despite Iraq’s initial declaration that it had no nuclear weapons facilities
or unsafeguarded material, UNSCOM/IAEA uncovered and dismantled a previously-
undeclared network of about 40 nuclear research facilities, including three clandestine
uranium enrichment programs (electromagnetic, centrifuge, and chemical isotope separation)
as well as laboratory-scale plutonium separation program. Inspectors found and dismantled
(in 1992) Iraq’s nuclear weapons development program, and they found evidence of
development of a radiological weapon (“dirty bomb”), which scatters nuclear material
without an explosion. UNSCOM removed from Iraq all discovered nuclear reactor fuel,
fresh and irradiated. Following the defection of Hussein Kamil (Saddam’s son-in-law and
former WMD production czar) in August 1995, Iraq revealed it had launched a crash
program in August 1990 to produce a nuclear weapon as quickly as possible by diverting fuel
from its reactors for a nuclear weapon. The IAEA report of December 1, 1995, said that, if
Iraq had proceeded with its crash program, Iraq might have produced a nuclear weapon by
December 1992.
In 1997, the IAEA said that Iraq’s nuclear program had been ended and that it had a
relatively complete picture of Iraq’s nuclear suppliers. A May 15, 1998, Security Council
statement reflected a U.S.-Russian agreement to close the nuclear file if Iraq cleared up
outstanding issues (nuclear design drawings, documents, and the fate of some nuclear
equipment). An IAEA report of July 1998 indicated that some questions still remained, and
the United States did not agree to close the file. In May 2000, the IAEA destroyed a nuclear
centrifuge that Iraq had stored in Jordan in 1991. In January 2002, as it has in each of the
past 3 years, IAEA inspectors verified that several tons of uranium remained sealed, acting
under Iraq’s commitments under the 1968 Nuclear Non-Proliferation Treaty.
Post-War Findings. In late June 2003, an Iraqi nuclear scientist approached U.S.
personnel in Iraq and presented them with parts of a nuclear centrifuge from Iraq’s past
nuclear program. The scientist said he was ordered in 1991 to bury the parts in his personal
garden and that Iraq had planned to reconstitute its nuclear program if and when international
inspections ended.
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Chemical Weapons
Older Unresolved Issues. In January2003, UNMOVIC and Iraq found 16 chemical
artillery munitions, believed empty. Iraq included an Iraqi Air Force document in its
December 7, 2002, declaration that indicated that 6,500 chemical bombs were unaccounted
for (13,000 bombs the document says were used versus 19,500 bombs Iraq previously said
were used). An October 2002 published CIA assessment said Iraq had renewed chemical
weapons production and probably stocked a few hundred tons of agent. An UNMOVIC
workplan, submitted March 7, 2003, said UNMOVIC had found in Iraq previously
undeclared cluster munitions that could deliver chemical or biological agents.
UNSCOM destroyed all chemical weapons materiel uncovered — 38,500 munitions,
480,000 liters of chemical agents, 1.8 million liters of precursor chemicals, and 426 pieces
of production equipment items — and the destruction operation formally ended on June 14,
1994. In February 1998 UNSCOM discovered that shells taken from Iraq in 1996 contained
97% pure mustard gas, indicating it was freshly produced. However, the fate of about 31,600
chemical shells, 550 mustard gas bombs, and 4,000 tons of chemical precursors remains
unknown. The primary outstanding chemical weapons questions center on VX nerve agent,
which Iraq did not include in its initial 1991 declarations and of which no stockpile was ever
located. Iraq did not prove it destroyed the chemical precursors. By 1995 UNSCOM had
uncovered enough circumstantial evidence to force Iraq to admit to producing about 4 tons
of VX, but UNSCOM believed that Iraq had imported enough precursor — about 600 tons
— to produce 200 tons of the agent. In late June 1998, UNSCOM revealed that some
unearthed missile warheads, tested in a U.S. Army lab, contained traces of VX, contradicting
Iraq’s assertions that it had not succeeded in stabilizing the agent. Separate French and Swiss
tests did not find conclusive evidence of VX. In March 2003, Iraq proposed a technical
method to prove its assertions that it destroyed its VX in 1991. About 170 chemical sites
were under monitoring. Iraq did not sign the Chemical Weapons Convention effective April
29, 1997.
Post-War Findings. U.S. teams have found numerous chemical weapons protection
gear and anti-dote vaccinations (atropine), but no chemical weapons.
Biological Weapons
Older Unresolved Issues. Iraq did not initially (1991) declare any biological
materials, weapons, research, or facilities, and no biological weapons stockpile was ever
uncovered. UNSCOM focused its investigation initiallyon the major biological research and
development site at Salman Pak, but Iraq partially buried that facility shortly before the first
inspections began. In August 1991, Iraq admitted that it had a biological weapons research
program. In July 1995, Iraq modified its admission by acknowledging it had an offensive
biological weapons program and that it had produced 19,000 liters of botulinum, 8,400 liters
of anthrax, and 2,000 liters of aflatoxin, clostridium, and ricin. According to UNSCOM,
Iraq imported a total of 34 tons of growth media for producing biological agents during the
1980s, of which 4 tons remained unaccounted for. Iraq did not give UNSCOM information
on its development of drop tanks and aerosol generators for biological weapons. UNSCOM
had 86 biological sites under long-term monitoring. UNSCOM discovered and dismantled
the Al Hakam facility on June 20, 1996. The White House said in late December 2001 that
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the anthrax used in the October 2001 mailings appeared to be from a domestic source, such
as a U.S. military laboratory.
There are more unresolved questions about Iraq’s biological weapons than about any
other WMD category; Iraq’s biological declarations during 1991-1998 were considered
neither credible nor verifiable, and very little new was apparently included in Iraq’s
December 7, 2002, declaration. The October 2002 CIA assessment said that Iraq had
reactivated its biological program and that most elements of the program were larger and
more advanced than they were before the Gulf war. U.S. officials say Iraq developed
unmanned aerial vehicles that could be used to deliver biological or chemical weapons, and
Secretary of State Powell showed an artist’s sketch, based on intelligence information, of a
mobile biological weapons production facility in his February 5, 2003, briefing to the
SecurityCouncil. In February2003, Iraq dug up, under UNMOVIC’s supervision, fragments
of more than 100 R-400 biological bombs (anthrax, botulinum, and aflatoxin) destroyed in
1991 and declared in August 1995.
Post-War Findings. As noted above, the CIA published an assessment in June 2003
that two vehicles discovered in Iraq in April 2003 were those purported biological labs,
although no biological agents were found in them. Press reports say some governmental
experts dispute that finding, saying the vehicles were better suited to manufacturing missile
fuel. Sacks of castor beans, a component of the toxin ricin, were discovered in Iraq in late
June 2003, although the intended use of the beans is not yet known.
Ballistic Missiles
Older Unresolved Issues. U.N. Security Council Resolution 687 required the
destruction of all Iraqi ballistic missiles with a range greater than 150 kilometers. UNSCOM
accounted for 817 of 819 Soviet-supplied Scud missiles, 130 of which survived the Gulf war,
as well as all 14 declared mobile launchers and 60 fixed launch pads. U.S. analysts believed
Iraq might have been concealing as many as 12 Scud-like missiles and that it was
manufacturing propellants for missiles of ranges longer than those allowed. There is
evidence of past Iraqi cheating on missile issues. In December 1995, after Jordan reported
seizing 115 Russian-made missile guidance components allegedlybound for Iraq, UNSCOM
said Iraq had procured some missile components since 1991, a violation of sanctions. (That
month, UNSCOM retrieved prohibited missile guidance gyroscopes, suitable for a 2,000 mile
range missile, from Iraq’s Tigris River, apparentlyprocured from Russia’s defense-industrial
establishment.)
UNSCOM’s October 1998 report said it had been able to account for at least 43 of the
45 chemical and biological (CBW) warheads Iraq said it unilaterally destroyed in 1991. (The
warheads were unearthed in mid-1998.) An additional 30 chemical warheads were destroyed
under UNSCOM supervision. UNSCOM also accounted for all but 50 conventional Scud
warheads and said it made progress establishing a material balance for Scud engine
components. Unresolved issues included missile program documentation, 300 tons of
special propellant, and indigenous production (30 indigenously-made warheads and 7
missiles).
Iraq was developing permitted-range missiles — the Ababil and Samoud programs and,
prior to Operation Desert Fox, UNSCOM had been monitoring about 63 missile sites and
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159 items of equipment, as well as 2,000 permitted missiles. Iraq’s December 7, 2002
declaration said some flight tests of these missiles did exceed the allowed range by about 50
km, and Blix ordered the destruction of the Al Samoud (about 120 missiles) and related
production equipment. Iraq began the destruction by the deadline of March 1, 2003, and
about half of the missile force was destroyed by the time the war started. Iraq’s “Fatah”
program was being studied to see if its range exceeded allowed limits. Some of these
missiles were fired by Iraq into Kuwait during the war thus far, although there were no
confirmed firings of Scud-range missiles, which were banned under Resolution 687. Most
Iraqi missiles fired were intercepted by U.S. or Kuwaiti Patriot systems.
Post-War Findings. No findings of missiles or missile programs of prohibited ranges
have been announced by U.S. teams.
Human Rights/War Crimes Issues
U.S. and U.N. human rights reports since the 1991 Gulf war repeatedly described the
Baath regime as a gross violator of human rights. Several mass graves have been uncovered
since the 2003 war began, most believed to contain the bodies of Shiite Muslims killed in the
post-1991 war uprisings against Saddam Hussein. In 1994, the Clinton Administration said
it was considering presenting a case against Iraq to the International Court of Justice under
the 1948 Genocide Convention. U.N. Rapporteur for Iraq Max Van der Stoel’s February
1994 report said that Convention might be violated by Iraq’s abuses against the Shiite
“Marsh Arabs” in southern Iraq, including drainage of the marshes where they live. In
February2002, Iraq allowed the U.N. human rights rapporteur for Iraq, Andreas Mavromatis
of Cyprus, to visit Iraq, the first such visit since 1992. On October 20, 2002, Saddam
Hussein granted an amnesty and released virtually all prisoners in Iraq, calling the move
gratitude for his purported “100%” victory in a referendum (no opponent) on his leadership
on October 15, 2002.
War Crimes Trials. U.N. Security Council Resolution 674 (October 29, 1990) called
on all states or organizations to provide information on Iraq’s 1991 Gulf war-related
atrocities to the United Nations. The Foreign Relations Authorization Act for FY1992, (P.L.
102-138, October 28, 1991, Section 301) stated the sense of Congress that the President
should propose to the U.N. Security Council a war crimes tribunal for Saddam Hussein.
Similar legislation was later passed, including H.Con.Res. 137, (passed the House November
13, 1997); S.Con.Res. 78, (passed the Senate March 13, 1998); and a provision of the Iraq
Liberation Act (P.L. 105-338, signed October 31, 1998). Analysis of this issue and
information on U.S. funding for Iraqi war crimes issues, see CRS Report RL31339, Iraq:
U.S. Efforts to Change the Regime and Post-War Governance.
International Terrorism/September 11
U.N. Security Council Resolution 687 required Iraq to end support for international
terrorism, and Iraq made a declaration that it would do so in 1991. FBI Director Robert
Mueller said in early May 2002 that, after an exhaustive FBI and CIA investigation, no direct
link had been found between Iraq and any of the September 11 hijackers, although some still
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assert that hijacker Mohammad Atta met with Iraqi intelligence in Prague in April 2001.
Senior U.S. officials said in September 2002, and again in January 2003, that there were
contacts between Al Qaeda members and Saddam Hussein’s regime, that Iraq had helped Al
Qaeda train with chemical weapons in the past, and that the Ansar Islam faction that was
based in northern Iraq had contacts with Baghdad. In a February 5, 2003, briefing to the
Security Council, Secretary Powell offered additional intelligence on these linkages. U.S.
forces captured the Ansar enclave in northern Iraq in Operation Iraqi Freedom, but the
purported head of the enclave, Abu Musab Zarqawi, is at large.
Others maintained that Baghdad had little contact with Al Qaeda because it differs with
Al Qaeda’s Islamist ideology and because doing so would have hurt Iraq’s efforts to improve
relations with moderate Arab states that are threatened by Al Qaeda. Al Qaeda founder
Osama bin Laden, in a February 12, 2003 audiotape, exhorted the Iraqi people to resist a U.S.
invasion but also criticized Saddam and his ruling Ba’th Party as socialist “infidels.” The
CIA told Congress on October 7, 2002, that Iraq would likely not conduct a terrorist attack
using WMD against the United States unless there were a U.S.-Iraq war. No Iraqi terrorist
attack or WMD use occurred during Operation Iraqi Freedom.
Iraq remains on the U.S. list of state sponsors of terrorism and, according to the State
Department’s reports on international terrorism (most recently the report for 2002, issued
April 30, 2003), continued to harbor the Abu Nidal Organization and the Palestine Liberation
Front of Abu Abbas. In August 2002, Abu Nidal died (committed suicide or was killed) as
Iraqi police went to arrest him for alleged contacts with foreign governments opposed to
Baghdad. U.S. forces captured Abu Abbas in Baghdad on April 15, 2003, and his legal
status is now being discussed. During 2000 - 2003, Iraq was paying the families of
Palestinian suicide bombers $25,000, and Iraq reportedly welcomed a few thousand Arab
volunteers to fight against the United States or commit terrorist acts in the course of
Operation Iraqi Freedom. (See CRS Report RL31119, Terrorism: Near Eastern Groups and
State Sponsors, 2002.)
Iraq-Kuwait Issues
Resolution 1284 required reports on the issues discussed below but, unlike Resolution
687, did not link the easing of any sanctions to Iraqi compliance on Kuwait-related issues.
Resolution 1441 did not impose any new Kuwait-related requirements on Iraq.
Border Issues/Kuwaiti Sovereignty. Resolution 687 required Iraq to annul its
annexation of Kuwait, directed the U.N. Secretary-General to demarcate the Iraq-Kuwait
border, and established a demilitarized zone 10 kilometers into Iraq and 5 kilometers into
Kuwait. Resolution 773 (August 26, 1992) endorsed border decisions taken by the
Iraq-Kuwait Boundary Demarcation Commission (established May 2, 1991) that, in
November 1992, finished demarcating the Iraq-Kuwait border as described in an October
1963 agreement between Iraq and Kuwait. The border took effect January 15, 1993. The
new line deprived Iraq of part of Umm Qasr port and a strip of the Rumaylah oil field, which
straddles the border. On March 18, 1993, the Commission determined the sea border,
allowing both countries access to the Gulf. Resolution 833 (May 27, 1993) demanded that
Iraq and Kuwait accept the final border demarcation. On November 10, 1994, Iraq formally
recognized Kuwait in a motion signed by Saddam Hussein. At the Arab summit in Beirut
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(March 27-29, 2002), Iraq reaffirmed its commitment to Kuwait’s territorial integrity and
pledged to cooperate to determine the fate of missing Kuwaitis (see below). On December
7, 2002, Saddam Hussein issued an “apology” to Kuwait for the invasion, but Kuwait
rejected it as insincere.
Until it ended operations on the eve of the current war, the 32-nation U.N. Iraq-Kuwait
Observer Mission (UNIKOM), established by Resolutions 687 and 689 April 9, 1991),
monitored border violations. The United States contributed 11 personnel to the 197
observers in UNIKOM, which was considered a U.N. peacekeeping operation. Under
Resolution 806 (February 5, 1993), passed after Iraqi incursions into the demilitarized zone
in January1993 (and other incidents), a 908-member Bengali troop contingent supplemented
the observer group. Kuwait furnished two-thirds of UNIKOM’s $51 million annual budget.
The United States contributed about $4.5 million per year to UNIKOM.
Kuwaiti Detainees and Property. Security Council Resolutions 686 and 687
require Iraq to account for Kuwaiti and other nationals detained in Iraq during the Persian
Gulf crisis. Of an initial 628 Kuwaiti cases, 608 were unresolved (ICRC figure as of May
2000) at the beginning of the 2003 war, as were the cases of an additional 17 Saudi nationals.
Iraq admitted to having arrested and detained 126 Kuwaitis, but did not provide enough
information to resolve their fate. Only three cases were resolved during 1995-2003. A few
bodies of the Kuwaiti missing have been uncovered by U.S.-led forces in Iraq, according to
Kuwait officials. Since January 1995, Iraq and Kuwait were meeting every month on the
Iraq-Kuwait border, along with U.S., British, French, and Saudi representatives, but Iraq
boycotted the meetings after Operation Desert Fox. In February 2000, retired Russian
diplomat Yuli Vorontsov was appointed to a new post (created by Resolution 1284) of U.N.
coordinator on the issue of missing Kuwaiti persons and unreturned property. Iraq did not
allow him to visit Iraq, and in April, June, and August 2000, as well as in March, April, and
June 2001, the Security Council issued statements of concern about the lack of progress.
On December 12, 2002, Iraq publicly invited Vorontsov to visit, but no visit occurred. In
January 2003, Iraq held a few meetings with Kuwait and Saudi Arabia on the issue, pledging
to bring forward new information on the fate of the missing, but no outstanding cases were
resolved. Resolution 1483, adopted on May 22, 2003, directs Vorontsov to attempt to clear
up the issue of missing Kuwaitis and Kuwait property. None of the missing Kuwaitis, or
their remains, have yet been found by U.S.-led forces in Iraq.
In April 2002, Iraq offered to receive a U.S. team to discuss the case of missing Gulf
war Navy pilot Michael Speicher, but Defense Department officials declined on doubts of
the benefits of a visit. Some possible clues on Speicher’s fate have been found by U.S.-led
forces in Iraq, but no definitive information on his fate has yet come to light.
U.N. Security Council Resolutions 686 and 687 require Iraq to return all property
seized from Kuwait. In the first few years after the cease-fire, Iraq returned some Kuwaiti
civilian and military equipment, including U.S.-made Improved Hawk air defense missiles,
and a June 2000 Secretary General report and a June 19, 2000 Security Council statement did
note that Iraq had returned “a substantial amount of property.” However, in 1994, U.S.
officials accused Iraq of returning to Kuwait some captured Iranian equipment that was never
part of Kuwait’s arsenal and of using Kuwaiti missiles and armored personnel carriers
during Iraq’s October 1994 troop move toward the Kuwait border. The United Nations and
Kuwait say Iraq has not returned extensive Kuwaiti state archives and museum pieces, as
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well as military equipment including eight Mirage F-1 aircraft, 245 Russian-made fighting
vehicles, 90 M113 armored personnel carriers, one Hawk battery, 3,750 Tow anti-tank
missiles, and 675 Russian-made surface-to-air missile batteries. Iraq claimed the materiel
was left behind or destroyed when Iraq evacuated Kuwait. In July 2002, an agreement was
reached on a “mechanism” for Iraq to return Kuwait’s state archives (six truckloads of
documents) to Kuwait. Iraq began the return of tons of documents on October 20, 2002,
although Kuwait said key archives were not returned. Iraq returned some additional property
in early February 2003. U.S.-led forces have not announced any finds of Kuwaiti property.
Reparations Payments
The U.N. Security Council had set up a mechanism for compensating the victims of
Iraq’s invasion of Kuwait (individuals, governments, and corporations), using 25% (reduced
from 30% in December 2000) of the proceeds from Iraqi oil sales. That figure was reduced
to 5% of Iraq’s revenues by Resolution 1483 of May 22, 2003. As of June 2003, the
Compensation Commission (UNCC) has approved claims worth about $46 billion, of a total
asserted value of $320 billion claims submitted. The latest approved award, on June 26,
2003, was for $1.5 billion to the Kuwait Investment Authority, far below the asserted $86.7
billion asserted value of the claim.
Following an April 2003 payout of about $860 million, which included $780 million
in payments to Kuwait, $23 million for British companies, and $20 million for the Israeli
government, the UNCC has paid out about $17.5 billion. Awards to U.S. claimants thus far
total over $666 million. In September 2000, the UNCC governing council approved an
award to Kuwait of $15.9 billion for oil revenues lost because of the Iraqi occupation and the
aftermath of the war (burning oil wells). In June 2001, the UNCC approved $243 million
in payments to all of Iraq’s immediate neighbors (except Turkey) for studies of Gulf war
environmental damage. Of this amount, $5 million was approved for Iraq’s legal expenses
to counter the expected environmental reparations claims. Kuwait was awarded $700 million
in October 2002 to cover the cost of removing Iraqi mines laid in the Gulf war.
Several legislative proposals (“Iraq Claims Act”) to distribute Iraq’s frozen assets (about
$2.4 billion) in the United States (separate from the U.N. compensation process) were not
enacted, because of differences over categories of claimants that should receive priority. On
March 20, 2003, President Bush issued an executive order for the U.S. government to
confiscate the approximately $2.4 billion in frozen Iraqi assets and to use most of that
amount for reconstruction of Iraq following the current war. The Administration reportedly
plans to withhold about $700 million of the assets to pay out to potential claimants for Iraq’s
assets. (See CRS Report 98-240, Iraq: Compensation and Assets Issues.)
Unwinding the Containment Policy
Now that the regime of Saddam Hussein has been toppled, the United States is in the
process of trying to establish a new government, move Iraq to a fully functioning economy
that conducts normal international commerce, and to restructure the U.S. militaryposture that
had been in place to contain Saddam Hussein since the 1991 Gulf war.
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Reconstruction and Ending the Oil-for-Food Program
During the 1990s, as international concerns for the plight of the Iraqi people grew, the
United States had increasing difficulty maintaining support for international sanctions. The
oil-for-food program (OFF), established byResolution 986 (April 15, 1995) and in operation
since December 1996, was progressively modified to improve Iraq’s living standards, and
the United States has eased its own sanctions to align them with the program. The program
is to be phased out over a six-month period, as mandated by Resolution 1483 of May 22,
2003, which also largely lifts the U.N. sanctions imposed on Iraq for the 1990 Kuwait
invasion. The United States is hoping that the easing of sanctions and the gradual restoration
of security in Iraq will create the conditions for a revival of Iraq’s economy and the
development of an economic engine to fund reconstruction. Iraqi oil experts say they expect
Iraq’s oil exports, which resumed in mid-June 2003, will reach 1 million barrels per day by
mid July and pre-war levels (2.2 million barrels per day) by the end of the year. For
information on the oil-for-food program and the easing of U.S. and international sanctions
post-war, see CRS Report RL30472, Iraq: Oil-For-Food Program, Sanctions, and Illicit
Trade. For information on post-war humanitarian conditions and reconstruction, see CRS
Report RL31833. Iraq: Recent Developments in Humanitarian and Reconstruction
Assistance.
Prior to the oil-for-food program, funds for civilian goods and the implementation of
U.N. resolutions on Iraq were drawn from frozen Iraqi assets transferred — or direct
contributions — to a U.N. escrow account pursuant to Resolution 778 (October 2, 1992).
Total U.S. transfers to the escrow account, which matched contributions from other
countries, reached $200 million, the maximum required under Resolution 778. These
transfers were being repaid to the United States from proceeds of the OFF program.
Resolutions 1284 and 1302 (June 8, 2000) suspended reimbursements until the end of 2000;
about $173 million was due back to the United States. Repayments resumed in 2001.
Changing U.S. Military Deployments
Prior to the 2003 war, U.S. deployments had focused on containing Iraq. The United
States and Britain enforced two “no fly zones” to provide a measure of protection for Iraq’s
Kurdish minority and other objects of regime repression and to contain Iraq militarily. To
enforce the no-fly zones, the two allies invoked U.N. Resolution 678 (November 29, 1990,
authorizing use of force to expel Iraq from Kuwait), 687 (the main ceasefire resolution), 688
(human rights), and the Safwan Accords (the March 3, 1991 cease-fire agreements between
Iraq and the coalition forces that banned Iraqi interference with allied air operations).
Resolutions 678 and 687 were written under Chapter VII of the U.N. Charter, dealing with
peace and security, and were interpreted as allowing military action to enforce these
resolutions. Resolution 688 was not written under Chapter VII, nor did that or any other
resolution specifically establish no fly zones. In response to Iraq’s movement of troops
toward Kuwait in October 1994, Security Council Resolution 949 (October 15, 1994)
demanded Iraq not deploy forces to threaten its neighbors. The United States and Britain
interpreted this as authorizing military action if Iraq enhanced (numbers or quality of
armament) its forces below the 32nd parallel. Such enhancements included Iraq’s movement
of air defense equipment into the zones.
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The several years prior to the U.S.-led war in 2003 were characterized by occasional
U.S. strikes on Iraqi military emplacements. During March 2000-March 2001, Iraqi air
defenses fired at or near fixed radar or allied aircraft enforcing both zones on 500 occasions,
in many cases provoking U.S. strikes on the activated missile batteries. On February 16,
2001, the United States and Britain struck elements of that network north of the southern no
fly zone, in response to Iraq’s increasing ability to target U.S. aircraft. U.S. aircraft did not
go beyond the zone. During 2002, Iraqi air defenses and related infrastructure were bombed
about 60 times in response to about 200 provocations, and U.S. strikes on Iraqi facilities
have become more frequent since late 2002 in conjunction with U.S. preparations for
possible military action against Iraq. During the U.S. buildup to Operation Iraqi Freedom,
the target list was expanded to include those systems, such as surface-to-surface missiles,
that could be used against U.S. ground forces.
Costs of Containment. Saudi Arabia, Kuwait, and the United Arab Emirates
contributed a total of $37 billion to the $61.1 billion in incremental costs of Desert Storm,
all of which has been paid. From the end of the Gulf war until the end of FY2002, the
Defense Department has incurred about $10.5 billion in costs to contain Iraq and provide
humanitarian aid to the Kurds. About $1.2 billion was spent in FY2002, and an additional
$2 billion was been spent to deploy U.S. forces to the Gulf for the current war. The
Department of Defense, under the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a), assisted UNSCOM by providing U-2 surveillance flights (suspended since
the December 15, 1998 UNSCOM pullout), intelligence, personnel, equipment, and logistical
support, at a cost of about $15 million per year. (See CRS Issue Brief IB94040,
Peacekeeping: Issues of U.S. Military Involvement.)
Post-War Military Posture. With Saddam Hussein’s regime overthrown, U.S.
officials said in mid-April 2003 that the no fly zones are no longer enforced and that many
of the U.S. aircraft involved in those operations have now been redeployed. The Defense
Department also announced that the United States will draw down force in Saudi Arabia,
estimated at about 6,000 before the war, to the few hundred that were there prior to the 1990
invasion of Kuwait. Those forces had been a source of some strain in light of the resentment
of Saudi citizens to the presence of non-Muslim forces in the Kingdom. Some of those
forces will be redeployed to a new U.S. air command center in Qatar. It is likely that the
United States will, over the long term, sharply reduce the approximately 25,000 U.S.
personnel that were kept in the Gulf during the 1990s. There has been some public discussion
that the United States might seek permanent basing arrangements in Iraq, but the Defense
Department has said no decision to seek such an agreement has been made. For more
information on the U.S. military posture in the Gulf, see CRS Report RL31533, Persian
Gulf: Issues for U.S. Policy, 2003.
To justify Operation Desert Fox (December 1998), the Administration cited additional
justification from Resolution 1154 (see above), which warned of “the severest consequences”
for non-compliance. Section 1095 of P.L. 102-190, the Defense Authorization Act for
FY1992, signed December 5, 1991, expressed Congress’ support for “all necessary means”
to achieve the goals of U.N. Resolution 687. In instances of strikes on Iraq for no fly zone
or other infractions, the Administration also cited congressional action (primarily P.L. 102-1
of January 12, 1991), authorizing military action to expel Iraq from Kuwait.
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Establishing a New Government
The fall of the Saddam Hussein regime created a power vacuum in Iraq. Among the
contenders for power are groups that had been part of the ten-year U.S. effort to destabilize
Saddam, as well as new elements that were in Iraq but were repressed during Saddam’s rule.
The following is a brief discussion of some of the ethnic and religious communities repressed
under Saddam Hussein’s rule and the steps the United States took to protect these
communities during the 1991-2002 containment policy period. For more information on the
contenders for power and post-war governance issues, see CRS Report RL31339, Iraq: U.S.
Regime Change Efforts and Post-War Governance.
Kurds/Operation Northern Watch (ONW). The United States has committed itself
to maintaining Iraq’s territorial integrity, meaning that the Kurdish north should stay as a part
of Iraq rather than seek independence. During the U.S. containment policy, the United States
protected the Kurds by enforcing a northern no fly zone, set up in April 1991 (Operation
Northern Watch). The zone extended north of the 36th parallel. After the September 1996
Iraqi incursion into northern Iraq, humanitarian aspects of ONW were ended and France
ended its ONW participation. In December 2002, Turkey renewed for six months basing
rights at Incirlik Air Base for the 24 American aircraft and about 1,300 U.S. forces (plus
allied forces). However, Turkey feared that ONW protected the anti-Turkish Kurdistan
Workers’ Party (PKK), which takes refuge in parts of northern Iraq, and Turkey made
repeated attacks against the PKK after May 1997.
In the aftermath of the 1991 Gulf war, the two leading Iraqi Kurdish parties, the KDP
led by Masud Barzani and the Patriotic Union of Kurdistan (PUK) led by Jalal Talabani,
agreed in May 1992 to share power after parliamentary and executive elections. In May
1994, tensions between them flared into clashes, and the KDP turned to Baghdad for
backing. In August 1996, Iraqi forces helped the KDP capture Irbil, seat of the Kurdish
regional government. With U.S. mediation, the Kurdish parties agreed on October 23, 1996,
to a cease-fire and the establishment of a 400-man peace monitoring force composed mainly
of Turkomens (75% of the force). The United States funded the force with FY1997 funds
of $3 million for peacekeeping (Section 451 of the Foreign Assistance Act), plus about $4
million in DOD drawdowns for vehicles and communications gear (Section 552 of the FAA).
Also set up was a peace supervisory group consisting of the United States, Britain,
Turkey, the PUK, the KDP, and Iraqi Turkomens. A tenuous cease-fire held since November
1997 and the KDP and PUK leaders signed an agreement in Washington in September 1998
to work toward resolving the main outstanding issues (sharing of revenues and control over
the Kurdish regional government). Reconciliation efforts showed substantial progress in
2002; on October 4, 2002, the two Kurdish factions jointly reconvened the Kurdish regional
parliament for the first time since their 1994 clashes. In June 2002, the United States gave
the Kurds $3.1 million in new assistance to help continue the reconciliation process. Both
parties have been represented in the opposition umbrella Iraqi National Congress, but both
also maintained a dialogue with Saddam Hussein’s regime. The Kurds had threatened to
fight against any Turkish forces that might deploy inside northern Iraq as part of a U.S.-led
war, but Turkey did not deploy in large numbers during Operation Iraqi Freedom because
U.S.-led forces largely kept Kurdish forces minimal in areas of Iraq that are of concern to
Turkey, such as Kirkuk. The main Kurdish parties are participating in U.S.-led talks to form
an interim governing authority, but it is likely the Kurds will push to administering their
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northern areas with minimal interference from Baghdad rather than seek a major role in the
Baghdad-based post-Saddam regime. It is not known whether the United States might seek
a long-term military deployment in the Kurdish north to protect the Kurds.
Shiite Muslims/Operation Southern Watch. Shiites constitute a majorityin Iraq
but historically have been repressed; they are now major contenders for power in post-war
Iraq. Fearing that Iraq’s Shiites are loyal to Iran, the United States did not support the post-
1991 war uprisings by the Shiites, and many Shiites still resent the United States for standing
aside as Saddam Hussein crushed the uprisings and executed many of those involved. The
U.S.-led coalition declared a no-fly zone over southern Iraq (south of the 32nd parallel) to
protect the Shiites on August 26, 1992 (Operation Southern Watch). The overflights were
primarily part of the U.S. containment strategy rather than a concerted effort to help Shiite
Muslims in Iraq, according to most observers. The United States and the United Kingdom
(but not France) expanded the southern no fly zone up to the 33rd parallel on September 4,
1996, after Saddam Hussein’s move into northern Iraq. France ended its participation
entirely after Desert Fox.
Several Shiite Islamist organizations, some of which are closely tied to Iran, have
asserted themselves in post-Saddam Iraq. The United States is, by some accounts, beginning
to reach out to several Shiite clerics to enlist their support for the U.S. presence and in
maintaining security in their localities. Nonetheless, the United States is said to remain
suspicious that the Shiite Islamists are agitating for a U.S. withdrawal and that these groups
might use the numerical Shiite advantage to set up an undemocratic government in post-war
Iraq.
CRS-15
نسخة أخرى (الإنكليزية): 2003-05-23 — IB92117_2003-05-23.pdf
Order Code IB92117
CRS Issue Brief for Congress
Received through the CRS Web
Iraq: Weapons Programs,
U.N. Requirements, and U.S. Policy
Updated May 23, 2003
Kenneth Katzman
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ̃ The Library of Congress
CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Weapons of Mass Destruction (WMD)
1997-1998 Crises
Operation Desert Fox and Aftermath
“Axis of Evil” and U.S. Policy
Resolution 1441
Wartime and Post-War WMD Search
Nuclear Program
Pre-War Status
Older Unresolved Questions
Chemical Weapons
Pre-War Status
Older Unresolved Questions
Biological Weapons
Pre-War Status
Older Unresolved Questions
Ballistic Missiles
Pre-War Status
Unresolved Questions
Human Rights/War Crimes Issues
War Crimes Trials
International Terrorism/September 11
Iraq-Kuwait Issues
Border Issues/Kuwaiti Sovereignty
Kuwaiti Detainees and Property
Reparations Payments
Unwinding the Containment Policy
Reconstruction and Ending the Oil-for-Food Program
Changing U.S. Military Deployments
Costs of Containment
Post-War Military Posture
Establishing a New Government
Kurds/Operation Northern Watch (ONW)
Shiite Muslims/Operation Southern Watch
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Iraq: Weapons Programs, U.N. Requirements, and U.S. Policy
SUMMARY
After accusing Iraq of failing to comply
with U.N. Security Council resolutions that
require Iraq to rid itself of WMD, the Bush
Administration began military action against
Iraq on March 19, 2003, and the regime of
Saddam Hussein fell on April 9. Since then,
U.S. teams have been attempting to uncover
Iraq’s suspected weapons of mass destruction
(WMD) stockpiles, but only minor finds have
been reported thus far.
Part of the debate over U.S. policy
centered on whether Iraq’s WMD programs
could be ended through U.N. weapons inspec-
tions. During 1991-1998, a U.N. Special
Commission on Iraq (UNSCOM) made con-
siderable progress in dismantling and moni-
toring Iraq’s but was unable to finish verifying
Iraq’s claim that it has destroyed all its WMD
or related equipment. Iraq’s refusal of full
cooperation with UNSCOM eventually
prompted U.S.-British military action in
December 1998. All inspectors withdrew and
Iraq was uninspected during 1998-2002,
leaving uncertainty as to the status of Iraq’s
WMD programs. At the start of military
action, many of the questions about those
programs remained unresolved. A U.N.
Security Council resolution adopted May 22,
2003, provides for the possibility that U.N.
inspectors will return to Iraq, but the United
States has previously opposed that and the
resolution does not specifically authorize that.
On November 10, 1994, as required, Iraq
accepted the U.N.-designated land border with
Kuwait (confirmed by Resolution 833) as well
as Kuwaiti sovereignty. Iraq has not detailed
the fate of about 600 Kuwaitis still missing
from the war and has not returned all Kuwaiti
property taken.
Iraq was widely deemed non-compliant
in other areas, especially human rights issues.
A U.S.-led no-fly zone provided some protec-
tion to Kurdish northern Iraq after April 1991.
Since August 1992, a no-fly zone was en-
forced over southern Iraq, where historically
repressed Iraqi Shiites are concentrated. The
zone was expanded in August 1996, but Iraq
nonetheless maintained a substantial ground
presence in the south. Iraq openly challenged
both no-fly zones after December 1998.
Those enforcement operations ended after the
fall of the regime.
Congressional Research Service ̃ The Library of Congress
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MOST RECENT DEVELOPMENTS
After several reports by the U.N. weapons inspectors on their work under U.N. Security
Council Resolution 1441 (November 8, 2002), the U.N. Security Council did not agree to
authorize use of force against Iraq. All inspectors were withdrawn, and the United States,
Britain, and a few other allies began a military offensive against Iraq on March 19, 2003.
Saddam Hussein’s regime vacated Baghdad on April 9. U.S. teams are attempting to locate
Iraq’s suspected weapons of mass destruction (WMD) but have thus far found little that the
United States had expected.
BACKGROUND AND ANALYSIS
In response to Iraq’s August 2, 1990 invasion of Kuwait, U.N. Security Council
Resolution 678 (November 29, 1990) authorized the use of force to expel Iraq from Kuwait.
After the Persian Gulf war (January 16 - February 28, 1991), a cease-fire was declared in
Security Council Resolution 686 (March 2, 1991). The primary cease-fire resolution was
Security Council Resolution 687 (April 3, 1991), which required Iraq — in return for a
graduated easing of sanctions — to end its weapons of mass destruction programs, recognize
Kuwait, account for missing Kuwaitis, return Kuwaiti property, and end support for
terrorism. Iraq accepted the resolution. Iraq was required by Resolution 688 (April 5, 1991)
to end repression of its people. In forty reviews (at 60-day intervals) of Iraqi compliance
from the end of the Gulf war in 1991 until August 20, 1998, the U.N. Security Council
maintained the comprehensive international sanctions on Iraq’s imports and exports imposed
by Security Council Resolution 661 (August 6, 1990). After the breakdown of the original
weapons inspections regime in December 1998, two additional major resolutions (1284 of
December 17, 1999 and 1441 of November 8, 2002) were adopted in an effort to resume
U.N. disarmament efforts. Including Resolution 1441, a total of 17 U.N. resolutions required
Iraq’s complete dismantlement of its WMD programs. (See CRS Report RL30472, Iraq:
Oil-for-Food Program, Sanctions, and Illicit Trade; and CRS Report RL31339, Iraq: U.S.
Efforts to Change the Regime and Post-War Governance.)
Weapons of Mass Destruction (WMD)
During 1991-1998, a U.N. Special Commission (UNSCOM) and the International
Atomic Energy Agency (IAEA) attempted to verify that Iraq had ended all its prohibited
WMD programs and to establish a long-term monitoring program of WMD facilities
(Resolution 715, October 11, 1991). The monitoring program, accepted by Iraq in
November 1993, consisted of visitations and technical surveillance of about 300 sites. Under
Resolution 1051 (March 27, 1996), U.N. weapons inspectors monitored, at point of entry
and at end-use destination, Iraq’s imports of any dual use items.
Confrontations over access to suspected WMD sites began almost as soon as UNSCOM
began operations in April 1991, prompting adoption of Resolution 707 (August 15, 1991)
requiring unfettered access to all sites and disclosure by Iraq of all its WMD suppliers.
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During March 1996 - October 1997, Iraq impeded inspectors from entering Iraqi security
service and military facilities, and it interfered with some UNSCOM flights. These actions,
which were not resolved by a March 1996 side agreement between UNSCOM and Iraq
governing pre-notification of inspections of defense and security sites, prompted
Resolution 1060 (June 12, 1996) and other Council statements (such as on June 13, 1997)
demanding Iraqi cooperation. Resolution 1115 (June 21, 1997) threatened travel restrictions
against Iraqi officials committing the infractions, and Resolution 1134 (October 23, 1997)
again threatened a travel ban and suspended sanctions reviews until April 1998.
1997-1998 Crises. Six days after that vote, Iraq barred American UNSCOM
personnel from conducting inspections, and on November 13, 1997, it expelled the
Americans. Resolution 1137 ( November 12, 1997), imposed travel restrictions on Iraqi
officials. (On November 13, 1997, the House adopted H.Res. 322, backing unilateral U.S.
military action as a last resort. The Senate did not act on a similar resolution, S.Con.Res. 71,
because some Senators wanted it to call for the United States to overthrow Saddam Hussein.)
In November 1997 and February 1998, Russia and U.N. Secretary General Kofi Annan,
respectively, brokered temporary compromises that enabled UNSCOM to resume
inspections. The February 23, 1998 U.N.-Iraq agreement provided for access to eight
“presidential sites” by weapons inspectors and diplomatic observers. Resolution 1154
(March 2, 1998) accepted that agreement, threatening “the severest consequences” if Iraq
reneged. Iraq allowed presidential site inspections (1,058 buildings) during March 26-April
3, 1998, the travel ban on Iraqi officials was lifted, and sanctions reviews resumed.
Iraq subsequently refused to implement an UNSCOM plan for completing its work and,
in August 1998, barred UNSCOM from inspecting previously inspected facilities. The
Senate and House passed a resolution, S.J.Res. 54 (P.L. 105-235, signed August 14, 1998),
declaring Iraq in “material breach” of the ceasefire. The Security Council adopted
Resolution 1194 (September 9, 1998) demanding full unfettered inspections access and
suspending sanctions reviews. On October 30, 1998, the Security Council offered an easing
of sanctions if Iraq fulfilled WMD and other outstanding requirements, but Iraq demanded
an immediate end to sanctions and ceased cooperation with UNSCOM (but not the IAEA).
The U.N. Security Council adopted Resolution 1205 (November 5, 1998), deeming the Iraqi
action a “flagrant violation” of the February 1998 U.N.-Iraq agreement. On November 14,
1998, with the United States about to launch airstrikes, Iraq pledged cooperation, averting
airstrikes but prompting President Clinton to openly declare a U.S. policy of regime change.
Operation Desert Fox and Aftermath. After a month of testing Iraq’s cooperation,
UNSCOM said on December 15, 1998 that Iraq refused to yield known WMD-related
documents and that it was obstructing inspections. All inspectors withdrew and a 70-hour
U.S. and British bombing campaign followed (Operation Desert Fox, December 16-19,
1998), directed against Iraqi WMD-capable facilities and military and security targets. After
almost one year of negotiations, the Security Council adopted Resolution 1284 (December
17, 1999) by a vote of 11- 0 (Russia, France, China, and Malaysia abstained), providing,
subject to a vote of the Security Council, for the suspension of most sanctions if Iraq “fully
cooperates” with a new WMD inspection body (UNMOVIC, U.N. Monitoring, Verification
and Inspection Commission). The resolution called for inspectors to determine within 60
days of reentering Iraq what WMD elimination tasks remain and to report to the Council
every three months. In January 2000, former IAEA director Hans Blix was named head of
UNMOVIC. In the absence of Iraq’s agreement to allow in-country inspections during 1999-
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2002, UNMOVIC’s staff of 63 — all employees of the United Nations and not their
individual governments — reviewed documents and imagery, interviewed informants, and
reviewed civilian contracts for goods purchased by Iraq to determine whether certain items
subject to review (“Goods Review List” items) were included.
“Axis of Evil” and U.S. Policy. Amid a growing debate over whether to expand the
post-September 11 “war on terrorism” to Iraq, based partly on fears that Iraq would not
hesitate to use WMD or provide WMD to terrorist groups, in early 2002 President Bush
began to build a case that the United States must act preemptively to change Iraq’s regime
and prevent its re-emergence as a threat. In his January 2002 State of the Union speech he
described Iraq as part of an “axis of evil,” along with Iran and North Korea. One month prior
to that speech, the House passed H.J.Res. 75 on December 20, 2001, by a vote of 392-12.
The resolution called Iraq’s refusal to readmit U.N. inspectors a “material breach” of its
international obligations and a mounting threat to peace and security. The resolution, not
taken up in the Senate, did not explicitly authorize U.S. military action.
Resolution 1441. After an internal debate, the Administration decided to work
through the U.N. Security Council to force Iraq to disarm. In a September 12, 2002 speech
before the United Nations, President Bush implicitly threatened U.S. military action,
unilateral if necessary, if the United Nations did not enforce existing resolutions on Iraq.
Four days later, Iraq pledged to admit UNMOVIC inspectors without conditions, reversing
a position taken during several meetings with the United Nations in 2002. On October 11,
Congress completed work on a resolution (H.J.Res. 114, P.L. 107-243) authorizing the use
of U.S. armed forces against Iraq.
After several weeks of negotiations, on November 8, 2002 the Security Council
unanimously adopted Resolution 1441 that: (1) declared Iraq in material breach of pre-
existing resolutions; (2) gave Iraq 7 days to accept the resolution and 30 days (until
December 8) to provide a full declaration of all WMD programs; (3) required new
inspections to begin within 45 days (December 23) and an interim progress report within 60
days thereafter (no later than February 21, 2003); (4) declared all sites, including presidential
sites, subject to unfettered inspections; (5) gave UNMOVIC the right to interview Iraqis in
private, including taking them outside Iraq, and to freeze activity at a suspect site; (6) forbade
Iraq from taking hostile acts against any country upholding U.N. resolutions, a provision that
appeared to cover Iraq’s defiance of the “no fly zones;” and (7) gave UNMOVIC the
authority to report Iraqi non-compliance and the Security Council as a whole the opportunity
to meet to consider how to respond to Iraqi non-compliance. This was interpreted by France
and some other countries as requiring a second resolution to authorize force, although the
United States disputed that interpretation.
Iraq accepted the resolution on November 13 in a defiant letter, and inspections began
on November 27, 2002. Blix said the inspectors received full access in their inspections of
about 450 sites (over 300 by UNMOVIC and 140 by the IAEA). On December 7, Iraq
submitted its required declaration, but after comparing the Iraqi declaration to U.S.
intelligence assessments, the Bush Administration said in December 2002 that there were
material omissions that constituted a further material breach of Iraq’s obligations. Blix
criticized the declaration as insufficient, but he did not call it a material breach. In briefings
on the inspections to the Security Council on January 27, February 14, and March 7, Blix and
IAEA head Mohammad Baradei said that Iraq had failed to fully comply with Resolution
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1441 but that Iraq had been providing more active cooperation in February - March and that
inspections were making progress. They maintained there had been some substantive
disarmament (destruction of the Al Samoud II missile).
Maintaining that the inspections process would not lead to Iraq’s full disarmament, the
United States, Britain, and Spain called for a Security Council vote on a resolution to set a
short deadline for Iraq to clearly demonstrate full cooperation and voluntary disarmament or
face use of force. After a few weeks of diplomacy, on March 17, 2003, the three countries
determined that the Security Council would not vote in favor of the resolution, and they
withdrew it. That night, President Bush issued an ultimatum for Saddam Hussein and his
sons Uday and Qusay to leave Iraq or face military action. At the same time, Secretary
General Annan ordered the U.N. inspectors out of Iraq. Saddam rebuffed the ultimatum, and
on March 19, U.S. military action (Operation Iraqi Freedom) began. On April 9, 2003, the
Baathist regime vacated Baghdad, signaling the fall of the regime.
Wartime and Post-War WMD Search. With all of Iraq under the control of U.S.-
led forces as of early April 2003, U.S. military-led “Mobile Exploitation Teams (MET)”
began to search for and catalogue any WMD uncovered. After about a month of operations,
the teams announced no confirmed finds of WMD stockpiles, although it did discover
chemical weapons protection equipment and at least two mobile laboratories believed to be
used for biological weapons production. The Washington Post reported on May 11 that the
MET would turn over its mission to a larger (about 2,000 personnel) “Iraq Survey Group.”
The group is led by the U.S. military but consists partly of American technical experts who
served in previous U.N. inspection missions in Iraq. The group is also tasked with
uncovering information on the relationship, if any, between Saddam Hussein’s regime and
Al Qaeda.
U.S. officials say the effort to find banned WMD is still in its early stages, with
hundreds of sites yet to be searched, and that they are certain they will find banned WMD.
Several U.N. Security Council members want UNMOVIC and the IAEA to return to Iraq to
conduct the search, and the Council asked Blix to brief it on April 22 on the possibility of
future inspections. Just after the war started, IAEA Director Baradei said the IAEA should
have a role to play in post-war Iraq, and he has publicly warned that radiological material in
Iraq has not been secured by U.S.-led forces. Blix said he will retire at the end of June but
UNMOVIC still exists. The U.N. Security Council resolution adopted May 22, 2003,
provides for the possibility that U.N. inspectors might go back, although it does not
specifically authorize that. At the same time, the United States and the IAEA reportedly are
discussing a joint mission in Iraq to secure nuclear material at Tuwaitha.
On May 22, it was reported by the New York Times that the Central Intelligence Agency
would compare its pre-war intelligence to actual on-the-ground findings on WMD and other
issues to determine the quality of the pre-war assessments. This report triggered public
comments by some Members and other observers that the Administration is concerned by
the relative lack of findings of WMD in Iraq.
The following summarizes outstanding issues on Iraq’s WMD and U.S. findings.
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Nuclear Program
Pre-War Status. The United States believes that Iraq retained the expertise (about
7,000 scientists and engineers) and intention to rebuild its nuclear program. Administration
officials pointed particularly to reputed attempts to purchase materials abroad, including
uranium from Niger and aluminum tubes that could be used in a nuclear weapons program.
IAEA chief Mohammad Baradei said March 7 that the IAEA believes the tubes were for use
in conventional rocket programs, although their importation was not legal under the
international sanctions regime. He also said documents alleging attempted procurement of
uranium from Niger were “not authentic.” The IAEA said on January 27, 2003, that it had
found no evidence Iraq had restarted a nuclear program, and it repeated that assessment
March 7, 2003.
Older Unresolved Questions. During 1991-1994, despite Iraq’s initial declaration
that it had no nuclear weapons facilities or unsafeguarded material, UNSCOM/IAEA
uncovered and dismantled a previously-undeclared network of about 40 nuclear research
facilities, including three clandestine uranium enrichment programs (electromagnetic,
centrifuge, and chemical isotope separation) as well as laboratory-scale plutonium separation
program. Inspectors found and dismantled (in 1992) Iraq’s nuclear weapons development
program, and they found evidence of development of a radiological weapon (“dirty bomb”),
which scatters nuclear material without an explosion. UNSCOM removed from Iraq all
discovered nuclear reactor fuel, fresh and irradiated. Following the defection of Hussein
Kamil (Saddam’s son-in-law and former WMD production czar) in August 1995, Iraq
revealed it had launched a crash program in August 1990 to produce a nuclear weapon as
quickly as possible by diverting fuel from its reactors for a nuclear weapon. The IAEA
report of December 1, 1995, said that, if Iraq had proceeded with its crash program, Iraq
might have produced a nuclear weapon by December 1992.
In 1997, the IAEA said that Iraq’s nuclear program had been ended and that it had a
relatively complete picture of Iraq’s nuclear suppliers. A May 15, 1998, Security Council
statement reflected a U.S.-Russian agreement to close the nuclear file if Iraq cleared up
outstanding issues (nuclear design drawings, documents, and the fate of some nuclear
equipment). An IAEA report of July 1998 indicated that some questions still remained, and
the United States did not agree to close the file. In May 2000, the IAEA destroyed a nuclear
centrifuge that Iraq had stored in Jordan in 1991. In January 2002, as it has in each of the
past 3 years, IAEA inspectors verified that several tons of uranium remained sealed, acting
under Iraq’s commitments under the 1968 Nuclear Non-Proliferation Treaty.
Chemical Weapons
Pre-War Status. In January 2003, UNMOVIC and Iraq found 16 chemical artillery
munitions, believed empty. Iraq included an Iraqi Air Force document in its December 7,
2002, declaration that indicated that 6,500 chemical bombs were unaccounted for (13,000
bombs the document says were used versus 19,500 bombs Iraq previously said were used).
An October 2002 published CIA assessment said Iraq had renewed chemical weapons
production and probably stocked a few hundred tons of agent. An UNMOVIC workplan,
submitted March 7, 2003, said UNMOVIC had found in Iraq a previously undeclared type
of cluster munition that could deliver chemical or biological agents.
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Older Unresolved Questions. UNSCOM destroyed all chemical weapons materiel
uncovered — 38,500 munitions, 480,000 liters of chemical agents, 1.8 million liters of
precursor chemicals, and 426 pieces of production equipment items — and the destruction
operation formally ended on June 14, 1994. In February 1998 UNSCOM discovered that
shells taken from Iraq in 1996 contained 97% pure mustard gas, indicating it was freshly
produced. However, the fate of about 31,600 chemical shells, 550 mustard gas bombs, and
4,000 tons of chemical precursors remains unknown. The primary outstanding chemical
weapons questions center on VX nerve agent, which Iraq did not include in its initial 1991
declarations and of which no stockpile was ever located. Iraq did not prove it destroyed the
chemical precursors. By 1995 UNSCOM had uncovered enough circumstantial evidence to
force Iraq to admit to producing about 4 tons of VX, but UNSCOM believed that Iraq had
imported enough precursor — about 600 tons — to produce 200 tons of the agent. In late
June 1998, UNSCOM revealed that some unearthed missile warheads, tested in a U.S. Army
lab, contained traces of VX, contradicting Iraq’s assertions that it had not succeeded in
stabilizing the agent. Separate French and Swiss tests did not find conclusive evidence of
VX. In March 2003, Iraq proposed a technical method to prove its assertions that it
destroyed its VX in 1991. About 170 chemical sites were under monitoring. Iraq did not
sign the Chemical Weapons Convention effective April 29, 1997.
Biological Weapons
Pre-War Status. There are more unresolved questions about Iraq’s biological
weapons than about any other WMD category; Iraq’s biological declarations during 1991-
1998 were considered neither credible nor verifiable, and very little new was apparently
included in Iraq’s December 7, 2002 declaration. The October 2002 CIA assessment said
that Iraq had reactivated its biological program and that most elements of the program were
larger and more advanced than they were before the Gulf war. U.S. officials say Iraq
developed unmanned aerial vehicles that could be used to deliver biological or chemical
weapons, and Secretary of State Powell showed an artist’s sketch, based on intelligence
information, of a mobile biological weapons production facility in his February 5, 2003
briefing to the Security Council. As noted above, U.S. teams believe that two vehicles
discovered in Iraq in April 2003 were those purported biological labs, although no biological
agents were found in them. In February 2003, Iraq dug up, under UNMOVIC’s supervision,
fragments of over 100 R-400 biological bombs (anthrax, botulinum, and aflatoxin) destroyed
in 1991 and declared in August 1995.
Older Unresolved Questions. Iraq did not initially (1991) declare any biological
materials, weapons, research, or facilities, and no biological weapons stockpile was ever
uncovered. UNSCOM focused its investigation initially on the major biological research and
development site at Salman Pak, but Iraq partially buried that facility shortly before the first
inspections began. In August 1991, Iraq admitted that it had a biological weapons research
program. In July 1995, Iraq modified its admission by acknowledging it had an offensive
biological weapons program and that it had produced 19,000 liters of botulinum, 8,400 liters
of anthrax, and 2,000 liters of aflatoxin, clostridium, and ricin. According to UNSCOM,
Iraq imported a total of 34 tons of growth media for producing biological agents during the
1980s, of which 4 tons remained unaccounted for. Iraq did not give UNSCOM information
on its development of drop tanks and aerosol generators for biological weapons. UNSCOM
had 86 biological sites under long-term monitoring. UNSCOM discovered and dismantled
the Al Hakam facility on June 20, 1996. The White House said in late December 2001 that
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the anthrax used in the October 2001 mailings appeared to be from a domestic source, such
as a U.S. military laboratory.
Ballistic Missiles
Pre-War Status. Iraq was developing permitted-range missiles — the Ababil and
Samoud programs and, prior to Operation Desert Fox, UNSCOM had been monitoring about
63 missile sites and 159 items of equipment, as well as 2,000 permitted missiles. Iraq’s
December 7, 2002 declaration said some flight tests of these missiles did exceed the allowed
range by about 50 km, and Blix ordered the destruction of the Al Samoud (about 120
missiles) and related production equipment. Iraq began the destruction by the deadline of
March 1, 2003, and about half of the missile force was destroyed by the time the war started.
Iraq’s “Fatah” program was being studied to see if its range exceeded allowed limits. Some
of these missiles were fired by Iraq into Kuwait during the war thus far, although there were
no confirmed firings of Scud-range missiles, which were banned under Resolution 687.
Almost all Iraqi missiles fired were intercepted by U.S. or Kuwaiti Patriot systems.
Unresolved Questions. U.N. Security Council Resolution 687 required the
destruction of all Iraqi ballistic missiles with a range greater than 150 kilometers. UNSCOM
accounted for 817 of 819 Soviet-supplied Scud missiles, 130 of which survived the Gulf war,
as well as all 14 declared mobile launchers and 60 fixed launch pads. U.S. analysts believed
Iraq might have been concealing as many as 12 Scud-like missiles and that it was
manufacturing propellants for missiles of ranges longer than those allowed.
UNSCOM’s October 1998 report said it had been able to account for at least 43 of the
45 chemical and biological (CBW) warheads Iraq said it unilaterally destroyed in 1991. (The
warheads were unearthed in mid-1998.) An additional 30 chemical warheads were destroyed
under UNSCOM supervision. UNSCOM also accounted for all but 50 conventional Scud
warheads and said it made progress establishing a material balance for Scud engine
components. Unresolved issues included missile program documentation, 300 tons of
special propellant, and indigenous production (30 indigenously-made warheads and 7
missiles).
There is evidence of past Iraqi cheating on missile issues. In December 1995, after
Jordan reported seizing 115 Russian-made missile guidance components allegedly bound for
Iraq, UNSCOM said Iraq had procured some missile components since 1991, a violation of
sanctions. (That month, UNSCOM retrieved prohibited missile guidance gyroscopes,
suitable for a 2,000 mile range missile, from Iraq’s Tigris River, apparently procured from
Russia’s defense-industrial establishment.)
Human Rights/War Crimes Issues
U.S. and U.N. human rights reports since the 1991 Gulf war repeatedly described the
Baath regime as a gross violator of human rights. Several mass graves have been uncovered
since the 2003 war began, most believed to contain the bodies of Shiite Muslims killed in the
post-1991 war uprisings against Saddam Hussein. In 1994, the Clinton Administration said
it was considering presenting a case against Iraq to the International Court of Justice under
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the 1948 Genocide Convention. U.N. Rapporteur for Iraq Max Van der Stoel’s February
1994 report said that Convention might be violated by Iraq’s abuses against the Shiite
“Marsh Arabs” in southern Iraq, including drainage of the marshes where they live. In
February 2002, Iraq allowed the U.N. human rights rapporteur for Iraq, Andreas Mavromatis
of Cyprus, to visit Iraq, the first such visit since 1992. On October 20, 2002, Saddam
Hussein granted an amnesty and released virtually all prisoners in Iraq, calling the move
gratitude for his purported “100%” victory in a referendum (no opponent) on his leadership
on October 15, 2002.
War Crimes Trials. U.N. Security Council Resolution 674 (October 29, 1990) called
on all states or organizations to provide information on Iraq’s 1991 Gulf war-related
atrocities to the United Nations. The Foreign Relations Authorization Act for FY1992, (P.L.
102-138, October 28, 1991, section 301) stated the sense of Congress that the President
should propose to the U.N. Security Council a war crimes tribunal for Saddam Hussein.
Similar legislation was later passed, including H.Con.Res. 137, (passed the House November
13, 1997); S.Con.Res. 78, (passed the Senate March 13, 1998); and a provision of the Iraq
Liberation Act (P.L. 105-338, signed October 31, 1998). Analysis of this issue and
information on U.S. funding for Iraqi war crimes issues, see CRS Report RL31339, Iraq:
U.S. Efforts to Change the Regime and Post-War Governance.
International Terrorism/September 11
U.N. Security Council Resolution 687 required Iraq to end support for international
terrorism, and Iraq made a declaration that it would do so in 1991. FBI Director Robert
Mueller said in early May 2002 that, after an exhaustive FBI and CIA investigation, no direct
link had been found between Iraq and any of the September 11 hijackers, although some still
assert that hijacker Mohammad Atta met with Iraqi intelligence in Prague in April 2001.
Senior U.S. officials said in September 2002, and again in January 2003, that there were
contacts between Al Qaeda members and Saddam Hussein’s regime, that Iraq had helped Al
Qaeda train with chemical weapons in the past, and that the Ansar Islam faction that was
based in northern Iraq had contacts with Baghdad. In a February 5, 2003 briefing to the
Security Council, Secretary Powell offered additional intelligence on these linkages. U.S.
forces captured the Ansar enclave in northern Iraq in Operation Iraqi Freedom, but the
purported head of the enclave, Abu Musab Zarqawi, is at large.
Others maintained that Baghdad had little contact with Al Qaeda because it differs with
Al Qaeda’s Islamist ideology and because doing so would have hurt Iraq’s efforts to improve
relations with moderate Arab states that are threatened by Al Qaeda. Al Qaeda founder
Osama bin Laden, in a February 12, 2003 audiotape, exhorted the Iraqi people to resist a U.S.
invasion but also criticized Saddam and his ruling Ba’th Party as socialist “infidels.” The
CIA told Congress on October 7, 2002 that Iraq would likely not conduct a terrorist attack
using WMD against the United States unless there were a U.S.-Iraq war. No Iraqi terrorist
attack or WMD use occurred during Operation Iraqi Freedom.
Iraq remains on the U.S. list of state sponsors of terrorism and, according to the State
Department’s reports on international terrorism (most recently the report for 2002, issued
April 30, 2003), continued to harbor the Abu Nidal Organization and the Palestine Liberation
Front of Abu Abbas. In August 2002, Abu Nidal died (committed suicide or was killed) as
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Iraqi police went to arrest him for alleged contacts with foreign governments opposed to
Baghdad. U.S. forces captured Abu Abbas in Baghdad on April 15, 2003, and his legal
status is now being discussed. During 2000 - 2003, Iraq was paying the families of
Palestinian suicide bombers $25,000, and Iraq reportedly welcomed a few thousand Arab
volunteers to fight against the United States or commit terrorist acts in the course of
Operation Iraqi Freedom. (See CRS Report RL31119, Terrorism: Near Eastern Groups and
State Sponsors, 2002.)
Iraq-Kuwait Issues
Resolution 1284 required reports on the issues discussed below but, unlike Resolution
687, did not link the easing of any sanctions to Iraqi compliance on Kuwait-related issues.
Resolution 1441 did not impose any new Kuwait-related requirements on Iraq.
Border Issues/Kuwaiti Sovereignty. Resolution 687 required Iraq to annul its
annexation of Kuwait, directed the U.N. Secretary-General to demarcate the Iraq-Kuwait
border, and established a demilitarized zone 10 kilometers into Iraq and 5 kilometers into
Kuwait. Resolution 773 (August 26, 1992) endorsed border decisions taken by the
Iraq-Kuwait Boundary Demarcation Commission (established May 2, 1991) that, in
November 1992, finished demarcating the Iraq-Kuwait border as described in an October
1963 agreement between Iraq and Kuwait. The border took effect January 15, 1993. The
new line deprived Iraq of part of Umm Qasr port and a strip of the Rumaylah oil field, which
straddles the border. On March 18, 1993, the Commission determined the sea border,
allowing both countries access to the Gulf. Resolution 833 (May 27, 1993) demanded that
Iraq and Kuwait accept the final border demarcation. On November 10, 1994, Iraq formally
recognized Kuwait in a motion signed by Saddam Hussein. At the Arab summit in Beirut
(March 27-29, 2002), Iraq reaffirmed its commitment to Kuwait’s territorial integrity and
pledged to cooperate to determine the fate of missing Kuwaitis (see below). On December
7, 2002, Saddam Hussein issued an “apology” to Kuwait for the invasion, but Kuwait
rejected it as insincere.
Until it ended operations on the eve of the current war, the 32-nation U.N. Iraq-Kuwait
Observer Mission (UNIKOM), established by Resolutions 687 and 689 April 9, 1991),
monitored border violations. The United States contributed 11 personnel to the 197
observers in UNIKOM, which was considered a U.N. peacekeeping operation. Under
Resolution 806 (February 5, 1993), passed after Iraqi incursions into the demilitarized zone
in January 1993 (and other incidents), a 908-member Bengali troop contingent supplemented
the observer group. Kuwait furnished two-thirds of UNIKOM’s $51 million annual budget.
The United States contributed about $4.5 million per year to UNIKOM.
Kuwaiti Detainees and Property. Security Council Resolutions 686 and 687
require Iraq to account for Kuwaiti and other nationals detained in Iraq during the Persian
Gulf crisis. Of an initial 628 Kuwaiti cases, 608 are unresolved (ICRC figure as of May
2000), as are the cases of an additional 17 Saudi nationals. Iraq admitted to having arrested
and detained 126 Kuwaitis, but did not provide enough information to resolve their fate.
Only three cases were resolved since 1995. Since January 1995, Iraq and Kuwait were
meeting every month on the Iraq-Kuwait border, along with U.S., British, French, and Saudi
representatives, but Iraq boycotted the meetings after Operation Desert Fox. In February
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2000, retired Russian diplomat Yuli Vorontsov was appointed to a new post (created by
Resolution 1284) of U.N. coordinator on the issue of missing Kuwaiti persons and
unreturned property. Iraq did not allow him to visit Iraq, and in April, June, and August
2000, as well as in March, April, and June 2001, the Security Council issued statements of
concern about the lack of progress. On December 12, 2002, Iraq publicly invited Vorontsov
to visit, but no visit occurred. In January 2003, Iraq held a few meetings with Kuwait and
Saudi Arabia on the issue, pledging to bring forward new information on the fate of the
missing, but no outstanding cases were resolved. Resolution 1483, adopted on May 22,
2003, directs Vorontsov to attempt to clear up the issue of missing Kuwaitis and Kuwait
property. None of the missing Kuwaitis, or their remains, have yet been found by U.S.-led
forces in Iraq.
In April 2002, Iraq offered to receive a U.S. team to discuss the case of missing Gulf
war Navy pilot Michael Speicher, but Defense Department officials declined on doubts of
the benefits of a visit. Some possible clues on Speicher’s fate have been found by U.S.-led
forces in Iraq, but no definitive information on his fate has yet come to light.
U.N. Security Council Resolutions 686 and 687 require Iraq to return all property
seized from Kuwait. In the first few years after the cease-fire, Iraq returned some Kuwaiti
civilian and military equipment, including U.S.-made Improved Hawk air defense missiles,
and a June 2000 Secretary General report and a June 19, 2000 Security Council statement did
note that Iraq had returned “a substantial amount of property.” However, in 1994, U.S.
officials accused Iraq of returning to Kuwait some captured Iranian equipment that was never
part of Kuwait’s arsenal and of using Kuwaiti missiles and armored personnel carriers
during Iraq’s October 1994 troop move toward the Kuwait border. The United Nations and
Kuwait say Iraq has not returned extensive Kuwaiti state archives and museum pieces, as
well as military equipment including eight Mirage F-1 aircraft, 245 Russian-made fighting
vehicles, 90 M113 armored personnel carriers, one Hawk battery, 3,750 Tow anti-tank
missiles, and 675 Russian-made surface-to-air missile batteries. Iraq claimed the materiel
was left behind or destroyed when Iraq evacuated Kuwait. In July 2002, an agreement was
reached on a “mechanism” for Iraq to return Kuwait’s state archives (six truckloads of
documents) to Kuwait. Iraq began the return of tons of documents on October 20, 2002,
although Kuwait said key archives were not returned. Iraq returned some additional property
in early February 2003. U.S.-led forces have not announced any finds of missing Kuwaiti
property.
Reparations Payments
The U.N. Security Council had set up a mechanism for compensating the victims of
Iraq’s invasion of Kuwait (individuals, governments, and corporations), using 25% (reduced
from 30% in December 2000) of the proceeds from Iraqi oil sales. That figure was reduced
to 5% of Iraq’s revenues by Resolution 1483 of May 22, 2003. As of April 16, 2003, the
Compensation Commission (UNCC) has approved claims worth about $43.6 billion, of a
total asserted value of $320 billion claims submitted. Following an April 2003 payout of
about $860 million, which included $780 million in payments to Kuwait, $23 million for
British companies, and $20 million for the Israeli government, the UNCC has paid out about
$17.5 billion. Awards to U.S. claimants thus far total over $666 million. In September
2000, the UNCC governing council approved an award to Kuwait of $15.9 billion for oil
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revenues lost because of the Iraqi occupation and the aftermath of the war (burning oil wells).
In June 2001, the UNCC approved $243 million in payments to all of Iraq’s immediate
neighbors (except Turkey) for studies of Gulf war environmental damage. Of this amount,
$5 million was approved for Iraq’s legal expenses to counter the expected environmental
reparations claims. Kuwait was awarded $700 million in October 2002 to cover the cost of
removing Iraqi mines laid in the Gulf war.
Several legislative proposals (“Iraq Claims Act”) to distribute Iraq’s frozen assets (about
$2.4 billion) in the United States (separate from the U.N. compensation process) were not
enacted, because of differences over categories of claimants that should receive priority. On
March 20, 2003, President Bush issued an executive order for the U.S. government to
confiscate the approximately $2.4 billion in frozen Iraqi assets and to use most of that
amount for reconstruction of Iraq following the current war. The Administration reportedly
plans to withhold about $700 million of the assets to pay out to potential claimants for Iraq’s
assets. (See CRS Report 98-240, Iraq: Compensation and Assets Issues.)
Unwinding the Containment Policy
Now that the regime of Saddam Hussein has been toppled, the United States is in the
process of trying to establish a new government, move Iraq to a fully functioning economy
that conducts normal international commerce, and to restructure the U.S. military posture that
had been in place to contain Saddam Hussein since the 1991 Gulf war.
Reconstruction and Ending the Oil-for-Food Program
During the 1990s, as international concerns for the plight of the Iraqi people grew, the
United States had increasing difficulty maintaining support for international sanctions. The
oil-for-food program (OFF), established by Resolution 986 (April 15, 1995) and in operation
since December 1996, was progressively modified to improve Iraq’s living standards, and
the United States has eased its own sanctions to align them with the program. The program
is to be phased out over a six-month period, as mandated by Resolution 1483 of May 22,
2003, which also largely lifts the U.N. sanctions imposed on Iraq for the 1990 Kuwait
invasion. The United States is hoping that the easing of sanctions and the gradual restoration
of security in Iraq will create the conditions for a revival of Iraq’s economy and the
development of an economic engine to fund reconstruction. For information on the oil-for-
food program and the easing of U.S. and international sanctions post-war, see CRS Report
RL30472, Iraq: Oil-For-Food Program, Sanctions, and Illicit Trade. For information on
post-war humanitarian conditions and reconstruction, see CRS Report RL31833. Iraq:
Recent Developments in Humanitarian and Reconstruction Assistance.
Prior to the oil-for-food program, funds for civilian goods and the implementation of
U.N. resolutions on Iraq were drawn from frozen Iraqi assets transferred — or direct
contributions — to a U.N. escrow account pursuant to Resolution 778 (October 2, 1992).
Total U.S. transfers to the escrow account, which matched contributions from other
countries, reached $200 million, the maximum required under Resolution 778. These
transfers were being repaid to the United States from proceeds of the OFF program.
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Resolutions 1284 and 1302 (June 8, 2000) suspended reimbursements until the end of 2000;
about $173 million was due back to the United States. Repayments resumed in 2001.
Changing U.S. Military Deployments
Prior to the 2003 war, U.S. deployments had focused on containing Iraq. The United
States and Britain enforced two “no fly zones” to provide a measure of protection for Iraq’s
Kurdish minority and other objects of regime repression and to contain Iraq militarily. To
enforce the no-fly zones, the two allies invoked U.N. Resolution 678 (November 29, 1990,
authorizing use of force to expel Iraq from Kuwait), 687 (the main ceasefire resolution), 688
(human rights), and the Safwan Accords (the March 3, 1991 cease-fire agreements between
Iraq and the coalition forces that banned Iraqi interference with allied air operations).
Resolutions 678 and 687 were written under Chapter VII of the U.N. Charter, dealing with
peace and security, and were interpreted as allowing military action to enforce these
resolutions. Resolution 688 was not written under Chapter VII, nor did that or any other
resolution specifically establish no fly zones. In response to Iraq’s movement of troops
toward Kuwait in October 1994, Security Council Resolution 949 (October 15, 1994)
demanded Iraq not deploy forces to threaten its neighbors. The United States and Britain
interpreted this as authorizing military action if Iraq enhanced (numbers or quality of
armament) its forces below the 32nd parallel. Such enhancements included Iraq’s movement
of air defense equipment into the zones.
The several years prior to the U.S.-led war in 2003 were characterized by occasional
U.S. strikes on Iraqi military emplacements. During March 2000-March 2001, Iraqi air
defenses fired at or near fixed radar or allied aircraft enforcing both zones on 500 occasions,
in many cases provoking U.S. strikes on the activated missile batteries. On February 16,
2001, the United States and Britain struck elements of that network north of the southern no
fly zone, in response to Iraq’s increasing ability to target U.S. aircraft. U.S. aircraft did not
go beyond the zone. During 2002, Iraqi air defenses and related infrastructure were bombed
about 60 times in response to about 200 provocations, and U.S. strikes on Iraqi facilities
have become more frequent since late 2002 in conjunction with U.S. preparations for
possible military action against Iraq. During the U.S. buildup to Operation Iraqi Freedom,
the target list was expanded to include those systems, such as surface-to-surface missiles,
that could be used against U.S. ground forces.
Costs of Containment. Saudi Arabia, Kuwait, and the United Arab Emirates
contributed a total of $37 billion to the $61.1 billion in incremental costs of Desert Storm,
all of which has been paid. From the end of the Gulf war until the end of FY2002, the
Defense Department has incurred about $10.5 billion in costs to contain Iraq and provide
humanitarian aid to the Kurds. About $1.2 billion was spent in FY2002, and an additional
$2 billion was been spent to deploy U.S. forces to the Gulf for the current war. The
Department of Defense, under the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a), assisted UNSCOM by providing U-2 surveillance flights (suspended since
the December 15, 1998 UNSCOM pullout), intelligence, personnel, equipment, and logistical
support, at a cost of about $15 million per year. (See CRS Issue Brief IB94040,
Peacekeeping: Issues of U.S. Military Involvement.)
Post-War Military Posture. With Saddam Hussein’s regime overthrown, U.S.
officials said in mid-April 2003 that the no fly zones are no longer enforced and that many
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of the U.S. aircraft involved in those operations have now been redeployed. The Defense
Department also announced that the United States will draw down force in Saudi Arabia,
estimated at about 6,000 before the war, to the few hundred that were there prior to the 1990
invasion of Kuwait. Those forces had been a source of some strain in light of the resentment
of Saudi citizens to the presence of non-Muslim forces in the Kingdom. Some of those
forces will be redeployed to a new U.S. air command center in Qatar. It is likely that the
United States will, over the long term, sharply reduce the approximately 25,000 U.S.
personnel that were kept in the Gulf during the 1990s. There has been some public discussion
that the United States might seek permanent basing arrangements in Iraq, but the Defense
Department has said no decision to seek such an agreement has been made. For more
information on the U.S. military posture in the Gulf, see CRS Report RL31533, Persian
Gulf: Issues for U.S. Policy, 2003.
To justify Operation Desert Fox (December 1998), the Administration cited additional
justification from Resolution 1154 (see above), which warned of “the severest consequences”
for non-compliance. Section 1095 of P.L. 102-190, the Defense Authorization Act for
FY1992, signed December 5, 1991, expressed Congress’ support for “all necessary means”
to achieve the goals of U.N. Resolution 687. In instances of strikes on Iraq for no fly zone
or other infractions, the Administration also cited congressional action (primarily P.L. 102-1
of January 12, 1991), authorizing military action to expel Iraq from Kuwait.
Establishing a New Government
The fall of the Saddam Hussein regime created a power vacuum in Iraq. Among the
contenders for power are groups that had been part of the ten-year U.S. effort to destabilize
Saddam, as well as new elements that were in Iraq but were repressed during Saddam’s rule.
The following is a brief discussion of some of the ethnic and religious communities repressed
under Saddam Hussein’s rule and the steps the United States took to protect these
communities during the 1991-2002 containment policy period. For more information on the
contenders for power and post-war governance issues, see CRS Report RL31339, Iraq: U.S.
Regime Change Efforts and Post-War Governance.
Kurds/Operation Northern Watch (ONW). The United States has committed itself
to maintaining Iraq’s territorial integrity, meaning that the Kurdish north should stay as a part
of Iraq rather than seek independence. During the U.S. containment policy, the United States
protected the Kurds by enforcing a northern no fly zone, set up in April 1991 (Operation
Northern Watch). The zone extended north of the 36th parallel. After the September 1996
Iraqi incursion into northern Iraq, humanitarian aspects of ONW were ended and France
ended its ONW participation. In December 2002, Turkey renewed for six months basing
rights at Incirlik Air Base for the 24 American aircraft and about 1,300 U.S. forces (plus
allied forces). However, Turkey feared that ONW protected the anti-Turkish Kurdistan
Workers’ Party (PKK), which takes refuge in parts of northern Iraq, and Turkey made
repeated attacks against the PKK after May 1997.
In the aftermath of the 1991 Gulf war, the two leading Iraqi Kurdish parties, the KDP
led by Masud Barzani and the Patriotic Union of Kurdistan (PUK) led by Jalal Talabani,
agreed in May 1992 to share power after parliamentary and executive elections. In May
1994, tensions between them flared into clashes, and the KDP turned to Baghdad for
backing. In August 1996, Iraqi forces helped the KDP capture Irbil, seat of the Kurdish
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regional government. With U.S. mediation, the Kurdish parties agreed on October 23, 1996,
to a cease-fire and the establishment of a 400-man peace monitoring force composed mainly
of Turkomens (75% of the force). The United States funded the force with FY1997 funds
of $3 million for peacekeeping (Section 451 of the Foreign Assistance Act), plus about $4
million in DOD drawdowns for vehicles and communications gear (Section 552 of the FAA).
Also set up was a peace supervisory group consisting of the United States, Britain,
Turkey, the PUK, the KDP, and Iraqi Turkomens. A tenuous cease-fire held since November
1997 and the KDP and PUK leaders signed an agreement in Washington in September 1998
to work toward resolving the main outstanding issues (sharing of revenues and control over
the Kurdish regional government). Reconciliation efforts showed substantial progress in
2002; on October 4, 2002, the two Kurdish factions jointly reconvened the Kurdish regional
parliament for the first time since their 1994 clashes. In June 2002, the United States gave
the Kurds $3.1 million in new assistance to help continue the reconciliation process. Both
parties have been represented in the opposition umbrella Iraqi National Congress, but both
also maintained a dialogue with Saddam Hussein’s regime. The Kurds had threatened to
fight against any Turkish forces that might deploy inside northern Iraq as part of a U.S.-led
war, but Turkey did not deploy in large numbers during Operation Iraqi Freedom because
U.S.-led forces largely kept Kurdish forces minimal in areas of Iraq that are of concern to
Turkey, such as Kirkuk. The main Kurdish parties are participating in U.S.-led talks to form
an interim governing authority, but it is likely the Kurds will push to administering their
northern areas with minimal interference from Baghdad rather than seek a major role in the
Baghdad-based post-Saddam regime. It is not known whether the United States might seek
a long-term military deployment in the Kurdish north to protect the Kurds.
Shiite Muslims/Operation Southern Watch. Shiites constitute a majority in Iraq
but historically have been repressed; they are now major contenders for power in post-war
Iraq. Fearing that Iraq’s Shiites are loyal to Iran, the United States did not support the post-
1991 war uprisings by the Shiites, and many Shiites still resent the United States for standing
aside as Saddam Hussein crushed the uprisings and executed many of those involved. The
U.S.-led coalition declared a no-fly zone over southern Iraq (south of the 32nd parallel) to
protect the Shiites on August 26, 1992 (Operation Southern Watch). The overflights were
primarily part of the U.S. containment strategy rather than a concerted effort to help Shiite
Muslims in Iraq, according to most observers. The United States and the United Kingdom
(but not France) expanded the southern no fly zone up to the 33rd parallel on September 4,
1996, after Saddam Hussein’s move into northern Iraq. France ended its participation
entirely after Desert Fox.
Several Shiite Islamist organizations, some of which are closely tied to Iran, have
asserted themselves in post-Saddam Iraq. The United States is, by some accounts, beginning
to reach out to several Shiite clerics to enlist their support for the U.S. presence and in
maintaining security in their localities. Nonetheless, the United States is said to remain
suspicious that the Shiite Islamists are agitating for a U.S. withdrawal and that these groups
might use the numerical Shiite advantage to set up an undemocratic government in post-war
Iraq.
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نسخة أخرى (الإنكليزية): 2003-04-16 — IB92117_2003-04-16.pdf
Order Code IB92117
Issue Brief for Congress
Received through the CRS Web
Iraq: Weapons Programs,
U.N. Requirements, and U.S. Policy
Updated April 16, 2003
Kenneth Katzman
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ̃ The Library of Congress
CONTENTS
SUMMARY
MOST RECENT DEVELOPMENTS
BACKGROUND AND ANALYSIS
Weapons of Mass Destruction (WMD)
1997-1998 Crises
Operation Desert Fox and Aftermath
“Axis of Evil” and U.S. Policy
Resolution 1441
Wartime and Post-War Inspections
Nuclear Program
Current Status
Older Unresolved Questions
Chemical Weapons
Current Status
Older Unresolved Questions
Biological Weapons
Current Status
Older Unresolved Questions
Ballistic Missiles
Current Status
Unresolved Questions
Human Rights/War Crimes Issues
War Crimes Trials
International Terrorism/September 11
Iraq-Kuwait Issues
Border Issues/Kuwaiti Sovereignty
Kuwaiti Detainees and Property
Reparations Payments
U.S. Policy, Sanctions, and the Oil-for-Food Program
“Smart Sanctions” Initiative
Protecting/Supporting Iraq’s Opposition
Military Action and Long-Term Containment
Kurds/Operation Northern Watch (ONW)
Shiite Muslims/Operation Southern Watch
Costs of Containment
IB92117 04-16-03
Iraq: Weapons Programs, U.N. Requirements, and U.S. Policy
SUMMARY
After accusing Iraq of failing to comply
with U.N. Security Council resolutions that
require Iraq to rid itself of WMD, the Bush
Administration began military action against
Iraq on March 19, 2003. In the wake of the
September 11 attacks, there was heightened
U.S. concern about the potential threat posed
by Iraq’s weapons of mass destruction pro-
grams and alleged ties to terrorist groups, to
which Iraq might transfer WMD. However,
many governments did not support U.S.
military action to disarm Iraq because it failed
to receive U.N. authorization.
Part of the debate over U.S. policy
centered on whether Iraq’s WMD programs
could be ended through U.N. weapons inspec-
tions. During 1991-1998, a U.N. Special
Commission on Iraq (UNSCOM) made con-
siderable progress in dismantling and moni-
toring Iraq’s but was unable to finish verifying
Iraq’s claim that it has destroyed all its WMD
or related equipment. Iraq’s refusal of full
cooperation with UNSCOM eventually
prompted U.S.-British military action in
December 1998. All inspectors withdrew and
Iraq was uninspected during 1998-2002,
leaving uncertainty as to the status of Iraq’s
WMD programs. At the start of military
action, many of the questions about those
programs remained unresolved. Now that
major combat against Iraq has wound down,
the U.S. military is increasing its focus on
finding banned WMD programs in Iraq,
although no clear WMD finds have been
reported.
On November 10, 1994, as required, Iraq
accepted the U.N.-designated land border with
Kuwait (confirmed by Resolution 833) as well
as Kuwaiti sovereignty. Iraq has not detailed
the fate of about 600 Kuwaitis still missing
from the war and has not returned all Kuwaiti
property taken. Iraq initially rejected a 1991
U.N.-sponsored “oil-for-food” program to
address humanitarian needs, but it later ac-
cepted a revised version of that plan, opera-
tional since December 1996 but suspended
due to the war.
Iraq was widely deemed non-compliant
in other areas, especially human rights issues.
A U.S.-led no-fly zone provided some protec-
tion to Kurdish northern Iraq after April 1991.
Since August 1992, a no-fly zone was en-
forced over southern Iraq, where historically
repressed Iraqi Shiites are concentrated. The
zone was expanded in August 1996, but Iraq
nonetheless maintained a substantial ground
presence in the south. Iraq openly challenged
both no-fly zones after December 1998.
Congressional Research Service ̃ The Library of Congress
IB92117 04-16-03
MOST RECENT DEVELOPMENTS
On November 8, 2002, the Security Council unanimously adopted Resolution 1441,
giving U.N. weapons inspectors new authorities; inspections began November 27. After
several reports by the U.N. weapons inspectors on their work, the U.N. Security Council did
not agree to authorize use of force against Iraq. All inspectors were withdrawn, and the
United States, Britain, and a few other allies began a military offensive against Iraq on March
19, 2003. Saddam Hussein’s regime vacated Baghdad on April 9.
BACKGROUND AND ANALYSIS
In response to Iraq’s August 2, 1990 invasion of Kuwait, U.N. Security Council
Resolution 678 (November 29, 1990) authorized the use of force to expel Iraq from Kuwait.
After the Persian Gulf war (January 16 - February 28, 1991), a ceasefire was declared in
Security Council Resolution 686 (March 2, 1991). The primary ceasefire resolution is
Security Council Resolution 687 (April 3, 1991), which required Iraq – in return for a
graduated easing of sanctions – to end its weapons of mass destruction programs, recognize
Kuwait, account for missing Kuwaitis, return Kuwaiti property, and end support for
terrorism. Iraq accepted the resolution. Iraq was required by Resolution 688 (April 5, 1991)
to end repression of its people. In forty reviews (at 60-day intervals) of Iraqi compliance
from the end of the Gulf war in 1991 until August 20, 1998, the U.N. Security Council
maintained the comprehensive international sanctions on Iraq’s imports and exports imposed
by Security Council Resolution 661 (August 6, 1990). After the breakdown of the original
weapons inspections regime in December 1998, two additional major resolutions (1284 of
December 17, 1999 and 1441 of November 8, 2002) were adopted in an effort to resume
U.N. disarmament efforts. Including Resolution 1441, a total of 17 U.N. resolutions required
Iraq’s complete dismantlement of its WMD programs. (See CRS Report RL30472, Iraq:
Oil-for-Food Program, Sanctions, and Illicit Trade; and CRS Report RL31339, Iraq: U.S.
Efforts to Change the Regime, the Iraqi Opposition, and Post-War Iraq.)
Weapons of Mass Destruction (WMD)
During 1991-1998, a U.N. Special Commission (UNSCOM) and the International
Atomic Energy Agency (IAEA) attempted to verify that Iraq had ended all its prohibited
WMD programs and to establish a long-term monitoring program of WMD facilities
(Resolution 715, October 11, 1991). The monitoring program, accepted by Iraq in
November 1993, consisted of visitations and technical surveillance of about 300 sites. Under
Resolution 1051 (March 27, 1996), U.N. weapons inspectors monitored, at point of entry
and at end-use destination, Iraq’s imports of any dual use items.
Confrontations over access to suspected WMD sites began almost as soon as UNSCOM
began operations in April 1991, prompting adoption of Resolution 707 (August 15, 1991)
requiring unfettered access to all sites and disclosure by Iraq of all its WMD suppliers.
During March 1996 - October 1997, Iraq impeded inspectors from entering Iraqi security
service and military facilities, and it interfered with some UNSCOM flights. These actions,
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which were not resolved by a March 1996 side agreement between UNSCOM and Iraq
governing pre-notification of inspections of defense and security sites, prompted
Resolution 1060 (June 12, 1996) and other Council statements (such as on June 13, 1997)
demanding Iraqi cooperation. Resolution 1115 (June 21, 1997) threatened travel restrictions
against Iraqi officials committing the infractions, and Resolution 1134 (October 23, 1997)
again threatened a travel ban and suspended sanctions reviews until April 1998.
1997-1998 Crises. Six days after that vote, Iraq barred American UNSCOM
personnel from conducting inspections, and on November 13, 1997, it expelled the
Americans. Resolution 1137 ( November 12, 1997), imposed travel restrictions on Iraqi
officials. (On November 13, 1997, the House adopted H.Res. 322, backing unilateral U.S.
military action as a last resort. The Senate did not act on a similar resolution, S.Con.Res. 71,
because some Senators wanted it to call for the United States to overthrow Saddam Hussein.)
In November 1997 and February 1998, Russia and U.N. Secretary General Kofi Annan,
respectively, brokered temporary compromises that enabled UNSCOM to resume
inspections. The February 23, 1998 U.N.-Iraq agreement provided for access to eight
“presidential sites” by weapons inspectors and diplomatic observers. Resolution 1154
(March 2, 1998) accepted that agreement, threatening “the severest consequences” if Iraq
reneged. Iraq allowed presidential site inspections (1,058 buildings) during March 26-April
3, 1998, the travel ban on Iraqi officials was lifted, and sanctions reviews resumed.
Iraq subsequently refused to implement an UNSCOM plan for completing its work and,
in August 1998, barred UNSCOM from inspecting previously inspected facilities. The
Senate and House passed a resolution, S.J.Res. 54 (P.L. 105-235, signed August 14, 1998),
declaring Iraq in “material breach” of the ceasefire. The Security Council adopted
Resolution 1194 (September 9, 1998) demanding full unfettered inspections access and
suspending sanctions reviews. On October 30, 1998, the Security Council offered an easing
of sanctions if Iraq fulfilled WMD and other outstanding requirements, but Iraq demanded
an immediate end to sanctions and it ceased cooperation with UNSCOM (but not the IAEA).
The U.N. Security Council adopted Resolution 1205 (November 5, 1998), deeming the Iraqi
action a “flagrant violation” of the February 1998 U.N.-Iraq agreement. On November 14,
1998, with the United States about to launch airstrikes, Iraq pledged cooperation, averting
airstrikes but prompting President Clinton to openly declare a U.S. policy of regime change.
Operation Desert Fox and Aftermath. After a month of testing Iraq’s cooperation,
UNSCOM said on December 15, 1998 that Iraq refused to yield known WMD-related
documents and that it was obstructing inspections. All inspectors withdrew and a 70-hour
U.S. and British bombing campaign followed (Operation Desert Fox, December 16-19,
1998), directed against Iraqi WMD-capable facilities and military and security targets. After
almost one year of negotiations, the Security Council adopted Resolution 1284 (December
17, 1999) by a vote of 11- 0 (Russia, France, China, and Malaysia abstained), providing,
subject to a vote of the Security Council, for the suspension of most sanctions if Iraq “fully
cooperates” with a new WMD inspection body (UNMOVIC, U.N. Monitoring, Verification
and Inspection Commission). The resolution called for inspectors to determine within 60
days of reentering Iraq what WMD elimination tasks remain and to report to the Council
every three months. In January 2000, former IAEA director Hans Blix was named head of
UNMOVIC. In the absence of Iraq’s agreement to allow in-country inspections during 1999-
2002, UNMOVIC’s staff of 63 – all employees of the United Nations and not their individual
governments – reviewed documents and imagery, interviewed informants, and reviewed
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civilian contracts for goods purchased by Iraq to determine whether certain items subject to
review (“Goods Review List” items) were included.
“Axis of Evil” and U.S. Policy. Amid a growing debate over whether to expand the
post-September 11 “war on terrorism” to Iraq, based partly on fears that Iraq would not
hesitate to use WMD or provide WMD to terrorist groups, in early 2002 President Bush
began to build a case that the United States must act preemptively to change Iraq’s regime
and prevent its re-emergence as a threat. In his January 2002 State of the Union speech he
described Iraq as part of an “axis of evil,” along with Iran and North Korea. One month prior
to that speech, the House passed H.J.Res. 75 on December 20, 2001, by a vote of 392-12.
The resolution called Iraq’s refusal to readmit U.N. inspectors a “material breach” of its
international obligations and a mounting threat to peace and security. The resolution, not
taken up in the Senate, did not explicitly authorize U.S. military action.
Resolution 1441. After an internal debate, the Administration decided to work
through the U.N. Security Council to force Iraq to eliminate its suspected WMD. In a
September 12, 2002 speech before the United Nations, President Bush implicitly threatened
U.S. military action, unilateral if necessary, if the United Nations did not enforce existing
resolutions on Iraq. Four days later, Iraq pledged to admit UNMOVIC inspectors without
conditions, reversing a position taken during several meetings with the United Nations in
2002. On October 11, Congress completed work on a resolution (H.J.Res. 114, P.L. 107-
243) authorizing the use of U.S. armed forces against Iraq.
After several weeks of negotiations, on November 8, 2002 the Security Council
unanimously adopted Resolution 1441, with the following key provisions:
(1) declaring Iraq in material breach of pre-existing resolutions;
(2) giving Iraq 7 days to accept the resolution and 30 days (until December 8) to provide a
full declaration of all WMD programs;
(3) requiring new inspections to begin within 45 days (December 23) and an interim progress
report within 60 days thereafter (no later than February 21, 2003);
(4) declaring all sites, including presidential sites, subject to unfettered inspections;
(5) giving UNMOVIC the right to interview Iraqis in private, including taking them outside
Iraq, and to freeze activity at a suspect site;
(6) forbidding Iraq from taking hostile acts against any country upholding U.N. resolutions,
a provision that appeared to cover Iraq’s defiance of the “no fly zones;” and
(7) giving UNMOVIC the authority to report Iraqi non-compliance and the Security Council
as a whole the opportunity to meet to consider how to respond to Iraqi non-compliance.
This was interpreted by France and some other countries as requiring a second
resolution to authorize force, although the United States disputed that interpretation.
Iraq accepted the resolution on November 13 in a defiant letter, and inspections began
on November 27. Blix said the inspectors received full access in their inspections of about
450 sites (over 300 by UNMOVIC and 140 by the IAEA). On December 7, Iraq submitted
its required declaration, but after comparing the Iraqi declaration to U.S. intelligence
assessments, the Bush Administration said on December 19, 2002 that there were material
omissions that constituted a further material breach of Iraq’s obligations. Blix criticized the
declaration as failing to clear up outstanding questions, although he did not call the
declaration a material breach of Resolution 1441.
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President Bush and other senior U.S. officials maintained that Iraq did not actively
cooperate with the new disarmament effort. In briefings to the Security Council on January
27, February 14, and March 7, Blix and IAEA head Mohammad Baradei said that Iraq had
failed to fully comply with Resolution 1441 but that Iraq had been providing more active
cooperation in February - March and that inspections were making progress, including some
substantive disarmament (destruction of the Al Samoud II missile).
Maintaining that the inspections process would not lead to Iraq’s disarmament, the
United States, Britain, and Spain called for a Security Council vote on a resolution to set a
short deadline for Iraq to clearly demonstrate full cooperation and voluntary disarmament or
face use of force. After a few weeks of diplomacy, on March 17, 2003, the three countries
determined that the Security Council would not vote in favor of the resolution, and they
withdrew it. That night, President Bush issued an ultimatum for Saddam Hussein and his
sons Uday and Qusay to leave Iraq or face military action. At the same time, Secretary
General Annan ordered the U.N. inspectors out of Iraq. Saddam rebuffed the ultimatum, and
on March 19, U.S. military action (Operation Iraqi Freedom) began. On April 9, 2003, the
Baathist regime vacated Baghdad, signaling the fall of the regime.
Wartime and Post-War Inspections. With almost all of Iraq under the control of
U.S.-led forces, U.S. teams are currently attempting to detect and catalogue any WMD
uncovered. As of April 16, the teams and the U.S. military have found chemical weapons
protections equipment and some suspect equipment, including buried dual use labs found
near Karbala, but no clear WMD stockpiles or clearly dedicated WMD production facilities.
U.S officials say the effort to find banned WMD is in its early stages and that they are certain
they will find banned WMD. Several U.N. Security Council members want UNMOVIC and
the IAEA to return to Iraq to conduct the search, rather than U.S.-led forces, and the Council
asked Blix to brief it on April 22 on the possibility of future inspections. The United States
and Britain are said to oppose the return of UNMOVIC and IAEA to Iraq. Just after the war
started, IAEA Director Baradei said the IAEA should have a role to play in post-war Iraq.
Blix said he will retire at the end of June but that UNMOVIC still exists and has not been
dismantled, although the United States reportedly has recruited some UNMOVIC or other
former inspectors to work in a U.S.-led WMD search effort in Iraq. Blix has expressed regret
that his inspections were cut off by the U.S.-British decision to take military action.
The following summarizes outstanding issues on Iraq’s WMD.
Nuclear Program
Current Status. The United States believes that Iraq retained the expertise (about
7,000 scientists and engineers) and intention to rebuild its nuclear program. Administration
officials pointed particularly to reputed attempts to purchase materials abroad, including
uranium from Niger and aluminum tubes that could be used in a nuclear weapons program.
IAEA chief Mohammad Baradei said March 7 that the IAEA believes the tubes were for use
in conventional rocket programs, although their importation was not legal under the
international sanctions regime. He also said documents alleging attempted procurement of
uranium from Niger were “not authentic.” The IAEA said on January 27, 2003 that it had
found no evidence Iraq had restarted a nuclear program, and it repeated that assessment
March 7, 2003.
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Older Unresolved Questions. During 1991-1994, despite Iraq’s initial declaration
that it had no nuclear weapons facilities or unsafeguarded material, UNSCOM/IAEA
uncovered and dismantled a previously-undeclared network of about 40 nuclear research
facilities, including three clandestine uranium enrichment programs (electromagnetic,
centrifuge, and chemical isotope separation) as well as laboratory-scale plutonium separation
program. Inspectors found and dismantled (in 1992) Iraq’s nuclear weapons development
program, and they found evidence of development of a radiological weapon (“dirty bomb”),
which scatters nuclear material without an explosion. UNSCOM removed from Iraq all
discovered nuclear reactor fuel, fresh and irradiated. Following the defection of Hussein
Kamil (Saddam’s son-in-law and former WMD production czar) in August 1995, Iraq
revealed it had launched a crash program in August 1990 to produce a nuclear weapon as
quickly as possible by diverting fuel from its reactors for a nuclear weapon. The IAEA
report of December 1, 1995 said that, if Iraq had proceeded with its crash program, Iraq
might have produced a nuclear weapon by December 1992.
In 1997, the IAEA said that Iraq’s nuclear program had been ended and that it had a
relatively complete picture of Iraq’s nuclear suppliers. A May 15, 1998 Security Council
statement reflected a U.S.-Russian agreement to close the nuclear file if Iraq cleared up
outstanding issues (nuclear design drawings, documents, and the fate of some nuclear
equipment). An IAEA report of July 1998 indicated that some questions still remained, and
the United States did not agree to close the file. In May 2000, the IAEA destroyed a nuclear
centrifuge that Iraq had stored in Jordan in 1991. In January 2002, as it has in each of the
past 3 years, IAEA inspectors verified that several tons of uranium remained sealed, acting
under Iraq’s commitments under the 1968 Nuclear Non-Proliferation Treaty.
Chemical Weapons
Current Status. In January 2003, UNMOVIC and Iraq found 16 chemical artillery
munitions, believed empty. Iraq included an Iraqi Air Force document in its December 7
declaration that indicated that 6,500 chemical bombs were unaccounted for (13,000 bombs
the document says were used versus 19,500 bombs Iraq previously said were used). An
October 2002 CIA assessment, released by the Administration, said Iraq had renewed
chemical weapons production and probably stocked a few hundred tons of agent. An
UNMOVIC workplan on unresolved issues, submitted March 7, 2003, said UNMOVIC had
found in Iraq a previously undeclared type of cluster munition that could deliver chemical
or biological agents.
Older Unresolved Questions. UNSCOM destroyed all chemical weapons materiel
uncovered — 38,500 munitions, 480,000 liters of chemical agents, 1.8 million liters of
precursor chemicals, and 426 pieces of production equipment items — and the destruction
operation formally ended on June 14, 1994. In February 1998 UNSCOM discovered that
shells taken from Iraq in 1996 contained 97% pure mustard gas, indicating it was freshly
produced. However, the fate of about 31,600 chemical shells, 550 mustard gas bombs, and
4,000 tons of chemical precursors remains unknown. The primary remaining chemical
weapons questions center on VX nerve agent, which Iraq did not include in its initial 1991
declarations and of which no stockpile was ever located. Iraq did not prove it destroyed the
chemical precursors. By 1995 UNSCOM had uncovered enough circumstantial evidence to
force Iraq to admit to producing about 4 tons of VX, but UNSCOM believed that Iraq had
imported enough precursor — about 600 tons — to produce 200 tons of the agent. In late
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June 1998, UNSCOM revealed that some unearthed missile warheads, tested in a U.S. Army
lab, contained traces of VX, contradicting Iraq’s assertions that it had not succeeded in
stabilizing the agent. Separate French and Swiss tests did not find conclusive evidence of
VX. In March 2003, Iraq proposed a technical method to prove its assertions that it
destroyed its VX in 1991. About 170 chemical sites were under long-term monitoring. Iraq
has not signed the Chemical Weapons Convention that took effect April 29, 1997.
Biological Weapons
Current Status. There are more unresolved questions about Iraq’s biological
weapons than about any other WMD category; Iraq’s biological declarations during 1991-
1998 were considered neither credible nor verifiable, and very little new was apparently
included in Iraq’s December 7, 2002 declaration. The October 2002 CIA assessment said
that Iraq had reactivated its biological program and that most elements of the program are
larger and more advanced than they were before the Gulf war. U.S. officials say Iraq has
developed unmanned aerial vehicles that could be used to deliver biological or chemical
weapons, and Secretary of State Powell showed an artist’s sketch, based on intelligence
information, of a mobile biological weapons production facility in his February 5, 2003
briefing to the Security Council. Blix said on March 7, 2003 that UNMOVIC had found
mobile labs used for food testing, but no biological weapons labs. In February 2003, Iraq
dug up, under UNMOVIC’s supervision, fragments of over 100 R-400 biological bombs
(anthrax, botulinum, and aflatoxin) destroyed in 1991 and declared in August 1995.
Older Unresolved Questions. Iraq did not initially (1991) declare any biological
materials, weapons, research, or facilities, and no biological weapons stockpile was ever
uncovered. UNSCOM focused its investigation initially on the major biological research and
development site at Salman Pak, but Iraq partially buried that facility shortly before the first
inspections began. In August 1991, Iraq admitted that it had a biological weapons research
program. In July 1995, Iraq modified its admission by acknowledging it had an offensive
biological weapons program and that it had produced 19,000 liters of botulinum, 8,400 liters
of anthrax, and 2,000 liters of aflatoxin, clostridium, and ricin. According to UNSCOM,
Iraq imported a total of 34 tons of growth media for producing biological agents during the
1980s, of which 4 tons remained unaccounted for. Iraq did not give UNSCOM information
on its development of drop tanks and aerosol generators for biological weapons. UNSCOM
had 86 biological sites under long-term monitoring. UNSCOM discovered and dismantled
the Al Hakam facility on June 20, 1996. The White House said in late December 2001 that
the anthrax used in the October 2001 mailings appeared to be from a domestic source, such
as a U.S. military laboratory.
Ballistic Missiles
Current Status. Iraq made progress in developing permitted-range missiles – the
Ababil and Samoud programs – according to the January 2002 CIA report to Congress and,
prior to Desert Fox, UNSCOM had been monitoring about 63 missile sites and 159 items of
equipment, as well as 2,000 permitted missiles. Iraq’s December 7 declaration said some
flight tests of these missiles did exceed the allowed range by about 50 km, and Blix ordered
the destruction of the Al Samoud (about 120 missiles) and related production equipment.
Iraq began the destruction by the deadline of March 1, and about half of the missile force was
destroyed by the time the war started. Iraq’s “Fatah” program was being studied to see if
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its range exceeds allowed limits. Some of these missiles were fired by Iraq into during the war thus far, but almost all were intercepted by U.S. Patriot systems.
Kuwait
Unresolved Questions. U.N. Security Council Resolution 687 required the
destruction of all Iraqi ballistic missiles with a range greater than 150 kilometers. UNSCOM
accounted for 817 of 819 Soviet-supplied Scud missiles, 130 of which survived the Gulf war,
as well as all 14 declared mobile launchers and 60 fixed launch pads. U.S. analysts believe
Iraq might have concealed as many as 12 Scud-like missiles and that it was manufacturing
propellants for missiles of ranges longer than those allowed. Thus far in the current war
against Iraq, no firing of any Scud or Scud-range missiles by Iraq have been announced, and
Iraq has not fired any missiles at Israel thus far.
UNSCOM’s October 1998 report said it had been able to account for at least 43 of the
45 chemical and biological (CBW) warheads Iraq said it unilaterally destroyed in 1991. (The
warheads were unearthed in mid-1998.) An additional 30 chemical warheads were destroyed
under UNSCOM supervision. UNSCOM also accounted for all but 50 conventional Scud
warheads and said it made progress establishing a material balance for Scud engine
components. Unresolved issues include missile program documentation, 300 tons of special
propellant, and indigenous production (30 indigenously-made warheads and 7 missiles).
There is evidence of past Iraqi cheating on missile issues. In December 1995, after
Jordan reported seizing 115 Russian-made missile guidance components allegedly bound for
Iraq, UNSCOM said Iraq had procured some missile components since 1991, a violation of
sanctions. (That month, UNSCOM retrieved prohibited missile guidance gyroscopes,
suitable for a 2,000 mile range missile, from Iraq’s Tigris River, apparently procured from
Russia’s defense-industrial establishment.)
Human Rights/War Crimes Issues
U.S. and U.N. human rights reports since the Gulf war have repeatedly described the
Baath regime as a gross violator of human rights. In 1994, the Clinton Administration said
it was considering presenting a case against Iraq to the International Court of Justice under
the 1948 Genocide Convention. U.N. Rapporteur for Iraq Max Van der Stoel’s February
1994 report said that Convention might be violated by Iraq’s abuses against the Shiite
“Marsh Arabs” in southern Iraq, including drainage of the marshes where they live. In
February 2002, Iraq allowed the U.N. human rights rapporteur for Iraq, Andreas Mavromatis
of Cyprus, to visit Iraq, the first such visit since 1992. On October 20, 2002, Saddam
Hussein granted an amnesty and released virtually all prisoners in Iraq, calling the move
gratitude for his purported “100%” victory in a referendum (no opponent) on his leadership
on October 15, 2002.
War Crimes Trials. U.N. Security Council Resolution 674 (October 29, 1990) calls
on all states or organizations to provide information on Iraq’s 1991 Gulf war-related
atrocities to the United Nations. The Foreign Relations Authorization Act for FY1992, (P.L.
102-138, October 28, 1991, section 301) stated the sense of Congress that the President
should propose to the U.N. Security Council a war crimes tribunal for Saddam Hussein.
Similar legislation was later passed, including H.Con.Res. 137, (passed the House November
13, 1997); S.Con.Res. 78, (passed the Senate March 13, 1998); and a provision of the Iraq
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Liberation Act (P.L. 105-338, signed October 31, 1998). Analysis of this issue and
information on U.S. funding for Iraqi war crimes issues, see CRS Report RL31339, Iraq:
U.S. Efforts to Change the Regime and Post-War Iraq.
International Terrorism/September 11
U.N. Resolution 687 required Iraq to end support for international terrorism, and Iraq
made a declaration that it would do so in 1991. FBI Director Robert Mueller said in early
May 2002 that, after an exhaustive FBI and CIA investigation, no direct link has been found
between Iraq and any of the September 11 hijackers, although some still assert that hijacker
Mohammad Atta met with Iraqi intelligence in Prague in April 2001. Senior U.S. officials
said in September 2002, and again in January 2003, that there are contacts between Al Qaeda
members and Iraq, that Iraq had helped Al Qaeda train with chemical weapons in the past,
and that the Ansar Islam faction in northern Iraq has contacts with Baghdad. In a February
5, 2003 briefing to the Security Council, Secretary Powell offered additional U.S.
intelligence of these linkages. U.S. forces bombed the Ansar enclave in northern Iraq in the
opening days of the current war.
Others maintain that Baghdad has had little contact with Al Qaeda because it differs
with Al Qaeda’s Islamist ideology and because doing so would hurt Iraq’s efforts to improve
relations with moderate Arab states that are threatened by Al Qaeda. Al Qaeda founder
Osama bin Laden, in a February 12, 2003 audiotape, exhorted the Iraqi people to resist a U.S.
invasion but also criticized Saddam and his ruling Ba’th Party as socialist “infidels.” The
CIA told Congress on October 7, 2002 that Iraq would likely not conduct a terrorist attack
using WMD against the United States unless there were a U.S.-Iraq war.
Iraq remains on the U.S. list of state sponsors of terrorism and, according to the State
Department’s reports on international terrorism (most recently the report for 2001, issued
May 21, 2002), continues to harbor the Abu Nidal Organization and the Palestine Liberation
Front of Abu Abbas. In August 2002, Abu Nidal died (committed suicide or was killed) as
Iraqi police went to arrest him for alleged contacts with foreign governments opposed to
Baghdad. U.S. forces captured Abu Abbas in Baghdad on April 15, 2003, and his legal
status is now being discussed. During 2000 - 2003, Iraq was paying the families of
Palestinian suicide bombers $25,000, and Iraq reportedly welcomed a few thousand Arab
volunteers to fight against the United States or commit terrorist acts in the course of
Operation Iraqi Freedom. (See CRS Report RL31119, Terrorism: Near Eastern Groups and
State Sponsors, 2002.)
Iraq-Kuwait Issues
Resolution 1284 required reports on the issues discussed below but, unlike Resolution
687, did not link the easing of any sanctions to Iraqi compliance on Kuwait-related issues.
Resolution 1441 did not impose any new Kuwait-related requirements on Iraq.
Border Issues/Kuwaiti Sovereignty. Resolution 687 required Iraq to annul its
annexation of Kuwait, directed the U.N. Secretary-General to demarcate the Iraq-Kuwait
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border, and established a demilitarized zone 10 kilometers into Iraq and 5 kilometers into
Kuwait. Resolution 773 (August 26, 1992) endorsed border decisions taken by the
Iraq-Kuwait Boundary Demarcation Commission (established May 2, 1991) that, in
November 1992, finished demarcating the Iraq-Kuwait border as described in an October
1963 agreement between Iraq and Kuwait. The border took effect January 15, 1993. The
new line deprived Iraq of part of Umm Qasr port and a strip of the Rumaylah oil field, which
straddles the border. On March 18, 1993, the Commission determined the sea border,
allowing both countries access to the Gulf. Resolution 833 (May 27, 1993) demanded that
Iraq and Kuwait accept the final border demarcation. On November 10, 1994, Iraq formally
recognized Kuwait in a motion signed by Saddam Hussein. At the Arab summit in Beirut
(March 27-29, 2002), Iraq reaffirmed its commitment to Kuwait’s territorial integrity and
pledged to cooperate to determine the fate of missing Kuwaitis (see below). On December
7, 2002, Saddam Hussein issued an “apology” to Kuwait for the invasion, but Kuwait
rejected it as insincere.
Until it ended operations on the eve of the current war, the 32-nation U.N. Iraq-Kuwait
Observer Mission (UNIKOM), established by Resolutions 687 and 689 April 9, 1991),
monitored border violations. The United States contributed 11 personnel to the 197
observers in UNIKOM, which was considered a U.N. peacekeeping operation. Under
Resolution 806 (February 5, 1993), passed after Iraqi incursions into the demilitarized zone
in January 1993 (and other incidents), a 908-member Bengali troop contingent supplemented
the observer group. Kuwait furnished two-thirds of UNIKOM’s $51 million annual budget.
The United States contributed about $4.5 million per year to UNIKOM.
Kuwaiti Detainees and Property. Security Council Resolutions 686 and 687
require Iraq to account for Kuwaiti and other nationals detained in Iraq during the Persian
Gulf crisis. Of an initial 628 Kuwaiti cases, 608 are unresolved (ICRC figure as of May
2000), as are the cases of an additional 17 Saudi nationals. Iraq admitted to having arrested
and detained 126 Kuwaitis, but did not provide enough information to resolve their fate.
Only three cases were resolved since 1995. Since January 1995, Iraq and Kuwait were
meeting every month on the Iraq-Kuwait border, along with U.S., British, French, and Saudi
representatives, but Iraq has boycotted the meetings since Operation Desert Fox. In February
2000, retired Russian diplomat Yuli Vorontsov was appointed to a new post (created by
Resolution 1284) of U.N. coordinator on the issue of missing Kuwaiti persons and
unreturned property. Iraq has not allowed him to visit Iraq, and in April, June, and August
2000, as well as in March, April, and June 2001, the Security Council has issued statements
of concern about the lack of progress. On December 12, 2002, Iraq publicly invited
Vorontsov to visit, but no visit occurred. In January 2003, Iraq held a few meetings with
Kuwait and Saudi Arabia on the issue, pledging to bring forward new information on the fate
of the missing, but no outstanding cases were resolved. In April 2002, Iraq offered to receive
a U.S. team to discuss the case of missing Gulf war Navy pilot Michael Speicher, but
Defense Department officials declined on doubts of the benefits of a visit. One unconfirmed
press report from the United Arab Emirates on April 15 said that U.S.-led forces found 18
Kuwaiti detainees in an Iraq prison, but no information has yet emerged to confirm that.
U.N. Security Council Resolutions 686 and 687 require Iraq to return all property
seized from Kuwait. In the first few years after the cease-fire, Iraq returned some Kuwaiti
civilian and military equipment, including U.S.-made Improved Hawk air defense missiles,
and a June 2000 Secretary General report and a June 19, 2000 Security Council statement did
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note that Iraq had returned “a substantial amount of property.” However, since 1994, U.S.
officials have accused Iraq of returning to Kuwait some captured Iranian equipment that was
never part of Kuwait’s arsenal and of using Kuwaiti missiles and armored personnel carriers
during Iraq’s October 1994 troop move toward the Kuwait border. The United Nations and
Kuwait say Iraq has not returned extensive Kuwaiti state archives and museum pieces, as
well as military equipment including eight Mirage F-1 aircraft, 245 Russian-made fighting
vehicles, 90 M113 armored personnel carriers, one Hawk battery, 3,750 Tow anti-tank
missiles, and 675 Russian-made surface-to-air missile batteries. Iraq claimed the materiel
was left behind or destroyed when Iraq evacuated Kuwait. In July 2002, an agreement was
reached on a “mechanism” for Iraq to return Kuwait’s state archives (six truckloads of
documents) to Kuwait. Iraq began the return of tons of documents on October 20, 2002,
although Kuwait said key archives were not returned. Iraq returned some additional property
in early February 2003.
Reparations Payments
The U.N. Security Council has set up a mechanism for compensating the victims of
Iraq’s invasion of Kuwait (individuals, governments, and corporations), using 25% (reduced
from 30% in December 2000) of the proceeds from Iraqi oil sales. As of April 16, 2003,
the Compensation Commission (UNCC) has approved claims worth about $43.6 billion, of
a total asserted value of $320 billion claims submitted. Following an April 2003 payout of
about $860 million, which included $780 million in payments to Kuwait, $23 million for
British companies, and $20 million for the Israeli government, the UNCC has paid out about
$17.5 billion. Awards to U.S. claimants thus far total over $666 million. In September
2000, the UNCC governing council approved an award to Kuwait of $15.9 billion for oil
revenues lost because of the Iraqi occupation and the aftermath of the war (burning oil wells).
In June 2001, the UNCC approved $243 million in payments to all of Iraq’s immediate
neighbors (except Turkey) for studies of Gulf war environmental damage. Of this amount,
$5 million was approved for Iraq’s legal expenses to counter the expected environmental
reparations claims. Kuwait was awarded $700 million in October 2002 to cover the cost of
removing Iraqi mines laid in the Gulf war.
Several legislative proposals (“Iraq Claims Act”) to distribute Iraq’s frozen assets (about
$2.4 billion) in the United States (separate from the U.N. compensation process) were not
enacted, because of differences over categories of claimants that should receive priority. In
the 107th Congress, H.R. 1632 proposes to distribute Iraq’s frozen assets primarily to U.S.
victims of the Iraqi invasion of Kuwait. Some might argue that this group of claimants is
covered under the U.N. process discussed above and that the frozen assets in the United
States should be used for those with claims resulting from events prior to the Iraqi invasion.
On March 20, 2003, President Bush issued an executive order for the U.S. government to
confiscate the frozen Iraqi assets and to hold them for reconstruction of Iraq following the
current war. (See CRS Report 98-240, Iraq: Compensation and Assets Issues.)
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U.S. Policy, Sanctions, and the Oil-for-Food Program
As international concerns for the plight of the Iraqi people grew, the United States had
increasing difficulty maintaining support for international sanctions. The oil-for-food
program (OFF), established by Resolution 986 (April 15, 1995) and in operation since
December 1996, has been progressively modified to improve Iraq’s living standards, and the
United States has eased its own sanctions to align them with the program. Of the Security
Council permanent members, the United States set the highest standards for full Iraqi
compliance that would trigger a lifting of sanctions. The United States ruled out direct
dialogue with Iraq on the grounds that Iraq’s level of compliance did not justify talks. (See
CRS Report RL30472, Iraq: Oil-For-Food Program, Sanctions, and Illicit Trade, which also
covers U.S. trade regulations for Iraq and Iraq’s illicit trade with its neighbors.)
“Smart Sanctions” Initiative. During a February 2001 trip to the Middle East,
Secretary of State Powell presented a U.S. plan to facilitate exports of civilian equipment to
Iraq in exchange for measures to ensure that no militarily useful goods reach Iraq. The Bush
Administration portrayed its initiative as an effort to rebuild containment by narrowing
differences within the Security Council and limiting sanctions erosion. After a year of debate
within the Council on the U.S. plan, on May 14, 2002, the Security Council adopted
Resolution 1409, providing for goods to be exported to Iraq without Sanctions Committee
scrutiny, largely removing the opportunity for Sanctions Committee members to place
contracts for Iraq on “hold.” Military items remained banned outright and a defined list of
items (Goods Review List, GRL) remained subject to export after review by UNMOVIC.
The new export procedures were placed into effect in late July 2002. Resolution 1447
(December 4) rolled the program over for another six months and contained a pledge to add,
within 30 days, certain items to the GRL, items that the United States said could be used by
Iraq to counter a U.S. military offensive. The Security Council added 36 U.S.-suggested
items to the GRL on December 30, 2002 (Resolution 1454).
Comprehensive U.S. trade sanctions against Iraq have been in place since Iraq’s 1990
invasion (Executive Order 12722 of August 2, 1990, Executive Order 12724 of August 6,
1990, and the Iraq Sanctions Act of 1990, Section 586 of P.L. 101-513). Since then, U.S.
trade regulations have been amended to align them with the OFF program. U.S. imports of
Iraqi oil have increased since 1999 and, at the time of the start of Operation Iraqi Freedom,
now accounted for almost half of Iraq’s oil exports, amounting to about 1.1 million barrels
per day as of January 2003. The imports are purchased by U.S. refiners through other
companies and are not bought directly from Iraq.
Prior to the OFF program, funds for civilian goods and the implementation of U.N.
resolutions on Iraq were drawn from frozen Iraqi assets transferred — or direct contributions
— to a U.N. escrow account pursuant to Resolution 778 (October 2, 1992). Total U.S.
transfers to the escrow account, which matched contributions from other countries, reached
$200 million, the maximum required under Resolution 778. These transfers were being
repaid to the United States from proceeds of the OFF program. Resolutions 1284 and 1302
(June 8, 2000) suspended reimbursements until the end of 2000; about $173 million was due
back to the United States. Repayments resumed in 2001.
The oil-for-food program was suspended on the eve of the current war, but, in
accordance with Resolution 1472, is to be restarted for a 45-day period. The Administration,
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in its request for supplemental funding to pay for the current war, has also requested that
Congress approve legislation repealing or enabling the waiving of U.S. sanctions on Iraq in
the post-war period. Most of that sanctions easing request was provided for in the FY2003
supplemental appropriations, H.R. 1559/P.L. 108-11.
Protecting/Supporting Iraq’s Opposition
The debate on Iraq policy included the question of the role, if any, for the Iraqi
opposition in U.S. military action against Iraq and in a post-Saddam Iraq. In the runup to the
war, during August 9 and 10, 2002, senior members of six major Iraqi opposition groups
visited Washington for meetings with senior U.S. officials. These groups sponsored a major
meeting in London ( December 13-17, 2002) that established a 65-member “follow-up
committee,” in which Iranian-backed Shiite Islamists are heavily represented. The Bush
Administration opposed the formation of a provisional government in advance of Saddam’s
overthrow. The “follow-up committee” met in northern Iraq in late February 2003 and
named a smaller six person “leadership” committee, although it stopped short of declaring
itself a provisional government. The six are Iraqi National Congress director Ahmad
Chalabi; PUK leader Talabani (see below); KDP leader Masud Barzani (see below); Shiite
leader Mohammad Baqr Al Hakim, who heads the Supreme Council for the Islamic
Revolution in Iraq, SCIRI; Iraq National Accord leader Iyad Alawi; and former Iraqi foreign
minister Adnan Pachachi. Representatives of some, but not all, of these groups attended a
U.S.-sponsored meeting in Nasiriyah on April 15 to begin discussing the formation of an
interim government; SCIRI publicly boycotted the meeting as U.S.-dominated.
Military Action and Long-Term Containment
Prior to the 2003 war, U.S. deployments had focused on containing Iraq. The United
States and Britain enforced two “no fly zones” to provide a measure of protection for Iraq’s
Kurdish minority and other objects of regime repression and to contain Iraq militarily. To
enforce the no-fly zones, the two allies invoked U.N. Resolution 678 (November 29, 1990,
authorizing use of force to expel Iraq from Kuwait), 687 (the main ceasefire resolution), 688
(human rights), and the Safwan Accords (the March 3, 1991 cease-fire agreements between
Iraq and the coalition forces that banned Iraqi interference with allied air operations).
Resolutions 678 and 687 were written under Chapter VII of the U.N. Charter, dealing with
peace and security, and were interpreted as allowing military action to enforce these
resolutions. Resolution 688 was not written under Chapter VII, nor did that or any other
resolution specifically establish no fly zones. With Operation Iraqi Freedom now winding
down, U.S. officials said in mid-April that the no fly zones are no longer enforced and some
of the U.S. aircraft involved in those operations are being redeployed. Presumably, if Iraq
emerges stable and relatively sympathetic to the West, the United States will draw down
force in Saudi Arabia, estimated at about 6,000 before the war. Those forces had been a
source of some strain in light of the resentment of Saudi citizens to the presence of non-
Muslim forces in the Kingdom.
To justify Operation Desert Fox, the Administration cited additional justification from
Resolution 1154 (see above), which warned of “the severest consequences” for non-
compliance. Section 1095 of P.L. 102-190, the Defense Authorization Act for FY1992,
signed December 5, 1991, expressed Congress’ support for “all necessary means” to achieve
the goals of U.N. Security Council Resolution 687. In instances of strikes on Iraq for no fly
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zone or other infractions, the Administration also cited congressional action (primarily P.L.
102-1 of January 12, 1991), authorizing military action to expel Iraq from Kuwait. (For
information on the U.S. military posture in the Gulf, see CRS Report RL31533, Persian
Gulf: Issues for U.S. Policy, 2003.)
Kurds/Operation Northern Watch (ONW). The northern no fly zone was set up
in April 1991 to protect the Kurds in northern Iraq. The zone extended north of the 36th
parallel. After the September 1996 Iraqi incursion into northern Iraq, humanitarian aspects
of ONW were ended and France ended its ONW participation. In December 2002, Turkey
renewed for six months basing rights at Incirlik Air Base for the 24 American aircraft and
about 1,300 U.S. forces (plus allied forces). However, Turkey feared that ONW protected
the anti-Turkish Kurdistan Workers’ Party (PKK), which takes refuge in parts of northern
Iraq, and Turkey has made repeated attacks against the PKK there since May 1997.
The two leading Iraqi Kurdish parties, the KDP led by Masud Barzani and the Patriotic
Union of Kurdistan (PUK) led by Jalal Talabani, agreed in May 1992 to share power after
parliamentary and executive elections. In May 1994, tensions between them flared into
clashes, and the KDP turned to Baghdad for backing. In August 1996, Iraqi forces helped
the KDP capture Irbil, seat of the Kurdish regional government. With U.S. mediation, the
Kurdish parties agreed on October 23, 1996, to a cease-fire and the establishment of a
400-man peace monitoring force composed mainly of Turkomens (75% of the force). The
United States funded the force with FY1997 funds of $3 million for peacekeeping (Section
451 of the Foreign Assistance Act), plus about $4 million in DOD drawdowns for vehicles
and communications gear (Section 552 of the FAA).
Also set up was a peace supervisory group consisting of the United States, Britain,
Turkey, the PUK, the KDP, and Iraqi Turkomens. A tenuous cease-fire held since November
1997 and the KDP and PUK leaders signed an agreement in Washington in September 1998
to work toward resolving the main outstanding issues (sharing of revenues and control over
the Kurdish regional government). Reconciliation efforts showed substantial progress in
2002; on October 4, 2002, the two Kurdish factions jointly reconvened the Kurdish regional
parliament for the first time since their 1994 clashes. In June 2002, the United States gave
the Kurds $3.1 million in new assistance to help continue the reconciliation process. Both
parties are represented in the opposition umbrella Iraqi National Congress, and both also
maintained a dialogue with Baghdad. The Kurds threatened to fight against any Turkish
forces that might deploy inside northern Iraq as part of a U.S.-led war, but Turkey did not
deploy in large numbers during Operation Iraqi Freedom because U.S.-led forces largely kept
Kurdish forces minimal in areas of Iraq that are of concern to Turkey, such as Kirkuk. It is
not clear what role the Kurds will play in a post-war regime; most likely the Kurds will push
to administering their northern areas with minimal interference from Baghdad.
Shiite Muslims/Operation Southern Watch. Shiites constitute a majority in Iraq
but historically have been repressed. The U.S.-led coalition declared a no-fly zone over
southern Iraq (south of the 32nd parallel) to protect the Shiites on August 26, 1992
(Operation Southern Watch), although the overflights are primarily part of the U.S.
containment strategy. The United States and the United Kingdom (but not France) expanded
the zone up to the 33rd parallel on September 4, 1996; France ended its participation entirely
after Desert Fox. In response to Iraq’s movement of troops toward Kuwait in October 1994,
Security Council Resolution 949 (October 15, 1994) demanded Iraq not deploy forces to
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threaten its neighbors. The United States and Britain interpreted this as authorizing military
action if Iraq enhanced (numbers or quality of armament) its forces below the 32nd parallel.
Such enhancements included Iraq’s movement of air defense equipment into the zones.
During March 2000-March 2001, Iraqi air defenses fired at or near fixed radar or allied
aircraft enforcing both zones on 500 occasions, in many cases provoking U.S. strikes on the
activated missile batteries. On February 16, 2001, the United States and Britain struck
elements of that network north of the southern no fly zone, in response to Iraq’s increasing
ability to target U.S. aircraft. U.S. aircraft did not go beyond the zone. During 2002, Iraqi
air defenses and related infrastructure were bombed about 60 times in response to about 200
provocations, and U.S. strikes on Iraqi facilities have become more frequent since late 2002
in conjunction with U.S. preparations for possible military action against Iraq. During the
U.S. buildup to Operation Iraqi Freedom, the target list was expanded to include those
systems, such as surface-to-surface missiles, that could be used against U.S. ground forces.
Costs of Containment. Saudi Arabia, Kuwait, and the United Arab Emirates
contributed a total of $37 billion to the $61.1 billion in incremental costs of Desert Storm,
all of which has been paid. From the end of the Gulf war until the end of FY2002, the
Defense Department has incurred about $10.5 billion in costs to contain Iraq and provide
humanitarian aid to the Kurds. About $1.2 billion was spent in FY2002, and an additional
$2 billion was been spent to deploy U.S. forces to the Gulf for the current war. The
Department of Defense, under the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a), assisted UNSCOM by providing U-2 surveillance flights (suspended since
the December 15, 1998 UNSCOM pullout), intelligence, personnel, equipment, and logistical
support, at a cost of about $15 million per year. (See CRS Issue Brief IB94040,
Peacekeeping: Issues of U.S. Military Involvement.)
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