Draft Uniting for Peace Resolution

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Posted by andreas from dtm2-t9-2.mcbone.net ( on Saturday, March 15, 2003 at 7:53AM :

Draft Uniting for Peace Resolution


The General Assembly,

Calling to mind the United Nation’s fundamental goal since its founding to
work towards international peace and security and to end aggressive war,
and especially article 2(4) of the UN Charter which demands that, “states
shall refrain in their international relations from the threat of use or
use of force against the territorial integrity or political independence of
any state,”

Recalling its resolution 377(A) (1950) entitled “Uniting for Peace,” which
“resolves that if the Security Council…fails to exercise its primary
responsibility for the maintenance of international peace and security in
any case where there appears to be a threat to the peace, breach of the
peace, or act of aggression, the General Assembly shall consider the matter
immediately with a view to making appropriate recommendation to Members for
collective measures,”

Recognizing that ten emergency sessions have been called under the auspices
of resolution 377(A) since its adoption and that those sessions have
contributed towards pacification of violent or possibly violent situations,

Convinced that each Member State has an obligation as a UN Member to work
to maintain international peace and security,

Mindful of the long history of Security Council resolutions about the
situation in Iraq, which date back to the invasion of Kuwait in 1991,
including resolution 661 (1990), 678 (1990), resolution 687 (1991),
resolution 688 (1991), resolution 707 (1991), resolution 986 (1995),
resolution 1154 (1998), and resolution 1284 (1999),

Noting with regret Iraq’s refusal to comply with the first weapons
inspection regime after 1998,

Conscious of the recent attention to the situation in Iraq and the
consequent renewal of weapons inspections in Iraq,

Recalling especially Security Council resolution 1441, which called for
immediate reinstatement of weapons inspections and complete Iraqi

Recalling further the joint statement issued by Security Council Members,
France, China, and Russia in concert with the adoption of resolution 1441
that further UN approval would be required before military action would be

Bearing in mind the request of Hans Blix, chief United Nations inspector
for chemical and biological weapons, and Dr. Mohamed El Baradei, director
of the U.N. International Atomic Energy Agency, for several more months to
finish the inspections,

Expressing its grave concern at the most recent developments with regards
to Iraq and their implications for international peace and security,

Expressing further concern about the proposed use of force by certain
Member States in spite of these findings,

Aware of the build-up of military forces by the United States, the United
Kingdom and other Member States in the Iraq area,

Having heard the statement by the United States Ambassador to the UN that
he believes that resolution 1441 “does not constrain any Member State from
acting to defend itself against the threat posed by Iraq, or to enforce
relevant UN resolutions,”

Noting that United States President Bush’s has stated his intention to
forcibly disarm Saddam Hussein even without obtaining an additional
Security Council resolution,

Noting that officials of the governments of the United States and the
United Kingdom have stated that they may use force against Iraq without an
additional Security Council resolution,

Noting that the Security Council is unable to adopt a resolution preventing
the use of force against Iraq because of the exercise of the veto by some
of the Council’s permanent Members,

Noting that Security Council resolution 1441 does not authorize the use of
force against Iraq,

Noting that certain Member States have indicated that they will bypass the
Security Council in using force against Iraq,

Convinced therefore that the Security Council because of lack of unanimity
of the permanent Members cannot exercise it primary responsibility for the
maintenance of international peace and security in a case where there
appears to be a threat to the peace, breach of the peace, or act of

1. Reaffirms the right of the people of Iraq to human rights in accordance
with the Charter, including the right to determine their own future and
form of government;

2. Reaffirms that territorial integrity is a fundamental principle of the
Charter of the UN, and any violation of that principle is contrary to the

3. Reiterates the intentions and strategies approved by the Security
Council in its resolution 1441;

4. Declares that military action against Iraq without a Security Council
resolution authorizing such action is contrary to the UN Charter and
customary international law;

5. Calls upon Iraq to comply fully with the UNMOVIC weapons inspections

6. Deplores the latest attempts by certain Security Council Members to
undermine the international consensus achieved in Security Council
resolution 1441(2002);

7. Condemns any use of force against Iraq without Security Council

8. Urges the United States, the United Kingdom and other Member States to
act according to their obligations under the principles of the Charter and
international law, and therefore to not employ force against Iraq without
Security Council approval;

9. Calls upon Member States to act in accordance with the principles of the
UN Charter especially by respecting state sovereignty and the principle of

10. Requests Member States to cooperate fully in the carrying out of this

11. Requests the Secretary-General to keep Member States informed as to the
progress of the implementation of this resolution.


JULES LOBEL lobel@law.pitt.edu

MICHAEL RATNER 212-243-3805/mratner@igc.org

STEVEN WATT 212-614-6430/smwatt@ccr-ny.org

-- andreas
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