Security Council resolution 1137 (1997)on the situation between Iraq and Kuwait, U.N. Doc. S/RES/1137 (1997).
The Security Council, Recalling all its previous relevant resolutions, and in particular
its resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August
1991, 715 (1991) of 11 October 1991, 1060 (1996) of 12 June 1996, 1115
(1997) of 21 June 1997, and 1134 (1997) of 23 October 1997, Taking note with grave concern of the letter of 29 October
1997 from the Deputy Prime Minister of Iraq to the President of the
Security Council (S/1997/829) conveying the unacceptable decision of
the Government of Iraq to seek to impose conditions on its cooperation
with the Special Commission, of the letter of 2 November 1997 from the
Permanent Representative of Iraq to the United Nations to the Executive
Chairman of the Special Commission (S/1997/837, annex) which reiterated
the unacceptable demand that the reconnaissance aircraft operating on
behalf of the Special Commission be withdrawn from use and which implicitly
threatened the safety of such aircraft, and of the letter of 6 November
1997 from the Minister of Foreign Affairs of Iraq to the President of
the Security Council (S/1997/855) admitting that Iraq has moved dual-capable
equipment which is subject to monitoring by the Special Commission,
Also taking note with grave concern of the letters of 30 October
1997 (S/1997/830) and 2 November 1997 (S/1997/836) from the Executive
Chairman of the Special Commission to the President of the Security
Council advising that the Government of Iraq had denied entry to Iraq
to two Special Commission officials on 30 October 1997 and 2 November
1997 on the grounds of their nationality, and of the letters of 3 November
1997 (S/1997/837), 4 November 1997 (S/1997/843), 5 November 1997 (S/1997/851)
and 7 November 1997 (S/1997/864) from the Executive Chairman of the
Special Commission to the President of the Security Council advising
that the Government of Iraq had denied entry to sites designated for
inspection by the Special Commission on 3, 4, 5, 6 and 7 November 1997
to Special Commission inspectors on the grounds of their nationality,
and of the additional information in the Executive Chairman's letter
of 5 November 1997 to the President of the Security Council (S/1997/851)
that the Government of Iraq has moved significant pieces of dual-capable
equipment subject to monitoring by the Special Commission, and that
monitoring cameras appear to have been tampered with or covered, Welcoming the diplomatic initiatives, including that of the
high-level mission of the Secretary-General, which have taken place
in an effort to ensure that Iraq complies unconditionally with its obligations
under the relevant resolutions, Deeply concerned at the report of the high-level mission of
the Secretary-General on the results of its meetings with the highest
levels of the Government of Iraq, Recalling that its resolution 1115 (1997) expressed its firm
intention, unless the Special Commission advised the Council that Iraq
is in substantial compliance with paragraphs 2 and 3 of that resolution,
to impose additional measures on those categories of Iraqi officials
responsible for the non-compliance, Recalling also that its resolution 1134 (1997) reaffirmed its
firm intention, if inter alia the Special Commission reports
that Iraq is not in compliance with paragraphs 2 and 3 of resolution
1115 (1997), to adopt measures which would oblige States to refuse the
entry into or transit through their territories of all Iraqi officials
and members of the Iraqi armed forces who are responsible for or participate
in instances of non-compliance with paragraphs 2 and 3 of resolution
1115 (1997), Recalling further the Statement of its President of 29 October
1997 (S/PRST/1997/49) in which the Council condemned the decision of
the Government of Iraq to try to dictate the terms of its compliance
with its obligation to cooperate with the Special Commission, and warned
of the serious consequences of Iraq's failure to comply immediately
and fully and without conditions or restrictions with its obligations
under the relevant resolutions, Reiterating the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Kuwait and Iraq,
Determined to ensure immediate and full compliance without
conditions or restrictions by Iraq with its obligations under the relevant
resolutions, Determining that this situation continues to constitute a threat
to international peace and security, Acting under Chapter VII of the Charter, 1. Condemns the continued violations by Iraq of its obligations
under the relevant resolutions to cooperate fully and unconditionally
with the Special Commission in the fulfilment of its mandate, including
its unacceptable decision of 29 October 1997 to seek to impose conditions
on cooperation with the Special Commission, its refusal on 30 October
1997 and 2 November 1997 to allow entry to Iraq to two Special Commission
officials on the grounds of their nationality, its denial of entry on
3, 4, 5, 6 and 7 November 1997 to sites designated by the Special Commission
for inspection to Special Commission inspectors on the grounds of their
nationality, its implicit threat to the safety of the reconnaissance
aircraft operating on behalf of the Special Commission, its removal
of significant pieces of dual-use equipment from their previous sites,
and its tampering with monitoring cameras of the Special Commission;
2. Demands that the Government of Iraq rescind immediately
its decision of 29 October 1997; 3. Demands also that Iraq cooperate fully and immediately and
without conditions or restrictions with the Special Commission in accordance
with the relevant resolutions, which constitute the governing standard
of Iraqi compliance; 4. Decides, in accordance with paragraph 6 of resolution 1134
(1997), that States shall without delay prevent the entry into or transit
through their territories of all Iraqi officials and members of the
Iraqi armed forces who were responsible for or participated in the instances
of non-compliance detailed in paragraph 1 above, provided that the entry
of a person into a particular State on a specified date may be authorized
by the Committee established by resolution 661 (1990) of 6 August 1990,
and provided that nothing in this paragraph shall oblige a State to
refuse entry into its own territory to its own nationals, or to persons
carrying out bona fide diplomatic assignments, or missions approved
by the Committee established by resolution 661 (1990); 5. Decides also, in accordance with paragraph 7 of resolution
1134 (1997), to designate in consultation with the Special Commission
a list of individuals whose entry or transit will be prevented under
the provisions of paragraph 4 above, and requests the Committee
established by resolution 661 (1990) to develop guidelines and procedures
as appropriate for the implementation of the measures set out in paragraph
4 above, and to transmit copies of these guidelines and procedures,
as well as a list of the individuals designated, to all Member States;
6. Decides that the provisions of paragraphs 4 and 5 above
shall terminate one day after the Executive Chairman of the Special
Commission reports to the Council that Iraq is allowing the Special
Commission inspection teams immediate, unconditional and unrestricted
access to any and all areas, facilities, equipment, records and means
of transportation which they wish to inspect in accordance with the
mandate of the Special Commission, as well as to officials and other
persons under the authority of the Iraqi Government whom the Special
Commission wishes to interview so that the Special Commission may fully
discharge its mandate; 7. Decides that the reviews provided for in paragraphs 21 and
28 of resolution 687 (1991) shall resume in April 1998 in accordance
with paragraph 8 of resolution 1134 (1997), provided that the Government
of Iraq shall have complied with paragraph 2 above; 8. Expresses the firm intention to take further measures as
may be required for the implementation of this resolution; 9. Reaffirms the responsibility of the Government of Iraq under
the relevant resolutions to ensure the safety and security of the personnel
and equipment of the Special Commission and its inspection teams; 10. Reaffirms also its full support for the authority of the
Special Commission under its Executive Chairman to ensure the implementation
of its mandate under the relevant resolutions of the Council; 11. Decides to remain seized of the matter.
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