Unanimously Adopting Resolution 2107 (2013), Security Council Removes Iraq from Chapter VII Obligations over Return of Kuwaiti Nationals

27 June 2013
SC/11050

Unanimously Adopting Resolution 2107 (2013), Security Council Removes Iraq from Chapter VII Obligations over Return of Kuwaiti Nationals

27 June 2013
Security Council
SC/11050
Department of Public Information • News and Media Division • New York

Security Council

6990th Meeting (AM)

Unanimously Adopting Resolution 2107 (2013), Security Council Removes Iraq

from Chapter VII Obligations over Return of Kuwaiti Nationals

Foreign Minister Hails Text as ‘Significant Step’ in Mending Bilateral Ties

The Security Council today decided to remove Iraq from its obligations under Chapter VII of the United Nations Charter concerning the return of Kuwaiti and third-State nationals or their remains and their property seized by Iraq’s former regime during its 1990 invasion of Kuwait.

Unanimously adopting resolution 2107 (2013), the 15-member body welcomed the Secretary-General’s report (document S/2013/357) on that subject and called on the Iraqi Government to give the International Committee of the Red Cross (ICRC) any information available on the Kuwaiti and third-country nationals, and to facilitate the ICRC’s access to them and their remains, as well as the ICRC’s search for missing persons and property, including Kuwait’s national archives.

Further to the text, the Council asked the Special Representative of the Secretary-General and the Head of the United Nations Assistance Mission for Iraq (UNAMI) to facilitate efforts towards that end.  It also asked the Secretary-General to consider charging his Deputy Special Representative at UNAMI covering political affairs to oversee Iraq-Kuwait issues.

Following the adoption, Hoshyar Zebar, Iraq’s Foreign Minister, said the text marked a turning point in Iraq’s relationship with the international community and a significant step in Iraq’s and Kuwait’s joint efforts to mend bilateral ties.  Further, it illustrated that Iraq had fulfilled all its obligations under Chapter VII of the Charter.

“All the negative aspects of the relationship between the countries have become part of the past.  We will focus on the present and the future, and what the brotherly relations can achieve to consolidate peace, security and stability in the region,” Mr. Zebar said.

A joint ministerial committee to maintain border markers had already been set up, he said.  Moving forward, they would work together to achieve sustainable development.  The international community’s support was needed to aid that process, as well as to help the two nations win the war on terrorism and defeat religious extremism.

The meeting began at 11:04 a.m. and ended at 11:21 a.m.

Resolution

The full text of resolution 2107 (2013) reads as follows:

The Security Council,

Recalling its relevant resolutions on the situation between Iraq and Kuwait, in particular resolutions 686 (1991), 687 (1991), 833 (1993), and 1284 (1999), and the reports of the Secretary-General pursuant to paragraph 14 of resolution 1284 (1999),

Recognizing that the situation that now exists in Iraq is significantly different from that which existed at the time of the adoption of resolution 661 (1990), and further recognizing the importance of Iraq achieving international standing equal to that which it held prior to the adoption of resolution 661 (1990),

Welcoming Iraq’s continued demonstration of its commitment to the full implementation of its outstanding obligations under the relevant Chapter VII resolutions, namely the continuation of payment of the outstanding amount of compensation administered by the United Nations Compensation Commission, and both Iraq and Kuwait’s efforts to advance regional stability, and welcoming also all the positive steps that have been taken by the Government of Iraq to fulfil resolution 833 (1993),

Welcoming further the ongoing cooperation between Iraq and Kuwait in the search for missing Kuwaiti and third-country nationals within the framework of the Tripartite Commission and its Technical Subcommittee under the auspices of the International Committee of the Red Cross (ICRC), and the positive efforts by the Government of Iraq regarding the return of all Kuwaiti and third-country nationals or their remains, and the return of Kuwaiti property,

Reiterating the need for continued efforts to locate and repatriate missing Kuwaiti property, including the national archives, through the Iraqi interministerial committee established for this purpose,

Expressing its deep appreciation to the late Ambassador Yuli Vorontsov and Ambassador Gennady Tarasov, who in the capacity of High-level Coordinator, devoted their time and professional skills to carrying out the mandate outlined in paragraph 14 of resolution 1284 (1999) and ensuring that its implementation built trust between Iraq and Kuwait and contributed to the full normalization of their relations,

Noting that the mandate of the United Nations Assistance Mission for Iraq (UNAMI) includes advising, supporting, and assisting the Government of Iraq in facilitating regional dialogue,

With consideration to the provisions of Chapter VI of the Charter of the United Nations on the pacific settlement of disputes,

“1.   Welcomes the report of the Secretary-General of 17 June 2013 (S/2013/357) and the letters from the Deputy Prime Minister and Minister of Foreign Affairs of the State of Kuwait (S/2013/323, annex and S/2013/324, annex) and the Minister of Foreign Affairs of the Republic of Iraq (S/2013/357, annexes II and III) to the Secretary-General;

“2.   Calls upon the Government of Iraq, in furtherance of its commitment to facilitate the repatriation of all Kuwaiti and third-country nationals referred to in paragraph 30 of resolution 687 (1991), to continue cooperation with the International Committee of the Red Cross (ICRC) by providing any information of such persons, facilitating the access of ICRC to all such persons wherever they might be and facilitating the search by ICRC for those Kuwaiti and third-country nationals or their remains still unaccounted for, and to continue efforts to search for missing Kuwaiti property, including the national archives, through its interministerial committee;

“3.   Decides, under Chapter VII of the Charter of the United Nations, to terminate the measures in paragraphs 2 (c), 2 (d) and 3 (c) of resolution 686 (1991), paragraph 30 of resolution 687 (1991) and the arrangements set forth in paragraph 14 of resolution 1284 (1999), and reaffirmed in subsequent relevant resolutions;

“4.   Requests that the Special Representative of the Secretary-General and Head of the United Nations Assistance Mission to Iraq (UNAMI) promote, support and facilitate efforts regarding the repatriation or return of all Kuwaiti and third-country nationals or their remains, and the return of Kuwaiti property, including the national archives, seized by Iraq, further requests the Secretary-General to report separately to the Security Council on these matters in his reports on the progress made towards the fulfilment of all UNAMI’s responsibilities, and also requests that the Secretary-General consider designating the Deputy Special Representative of the Secretary-General at UNAMI covering political affairs with the responsibility for overseeing these issues and ensuring appropriate resources for this purpose;

“5.   Expresses its intention to review the modalities of the reporting referred to in operative paragraph 4 of this resolution, upon the eventual termination of UNAMI’s mandate, with a view towards considering a continued role for the United Nations in such matters if needed;

“6.   Decides to remain seized of the matter.”

* *** *

For information media • not an official record
For information media. Not an official record.