Who Is John Negroponte?
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June 30, 2002
The Bush administration vetoes a UN Security Council Resolution that would have extended the UN peacekeeping mission in Bosnia for the next six months. The Council however agrees to extend the mission’s mandate for 72 hours, during which time it hopes members will be able to resolve a dispute with the US. [Boston Globe, 7/1/2002; BBC, 7/1/2002; BBC, 7/1/2002] The Bush administration vetoed the resolution because UN Security Council members did not accept a proposal (see June 2002) that would grant indefinite immunity from prosecution by the International Criminal Court (ICC) (see July 17, 1998) (which opens on this day) to all UN peacekeeping military personnel who are from nations that do not accept the court’s jurisdiction. Explaining Washington’s veto, US Ambassador to the UN John Negroponte explains, “With our global responsibilities, we are and will remain a special target, and cannot have our decisions second-guessed by a court whose jurisdiction we do not recognize.” [Boston Globe, 7/1/2002; BBC, 7/1/2002; BBC, 7/1/2002] If a compromise cannot be reached, UN peacekeeping forces will have to leave Bosnia. A failure to renew the UN mandated mission in Bosnia could also affect Nato’s 19,000-strong Stabilization Force in Bosnia, or S-For, which includes 3,100 Americans. “Although S-For does not legally require a Security Council mandate, some of the 19 countries contributing to it have indicated they will withdraw their troops without one,” the BBC reports. [BBC, 7/1/2002]
July 12, 2002
After much debate, the UN Security Council adopts Resolution 1422 under pressure from the United States. The resolution delays, for a period of twelve months, the prosecution and investigation by the International Criminal Court (ICC) of any UN peacekeeping personnel accused of war crimes. After one year, the delay can be extended with the passage of another resolution. The privilege applies only to personnel from states that are not party to the Rome Statute. [United Nations, 7/12/2002; New York Times, 7/13/2002] The US had previously demanded a permanent exemption (see June 2002), which was strongly opposed by the other members. The US proposed Resolution 1422 as a compromise and threatened to block future resolutions extending UN peacekeeping missions, beginning with ones in Bosnia and the Croatian peninsula of Prevlaka, if the Security Council did not adopt it. [New York Times, 7/11/2002; New York Times, 7/12/2002; New York Times, 7/13/2002] Immediately after adopting Resolution 1422, the council extends the mandates for the two UN peacekeeping missions. [New York Times, 7/13/2002] Afterwards, John Negroponte states: “Should the ICC eventually seek to detain any American, the United States would regard this as illegitimate—and it would have serious consequences. No nation should underestimate our commitment to protect our citizens.” [New York Times, 7/13/2002]
Excerpts
“This is totally unacceptable. This is the lowest level the United States has sunk to in its leadership at the United Nations.… It is also an attempt to undermine the integrity of the Rome Statute, the mandate of the Security Council and international law.” — (July 12, 2002) [Inter Press Service, 7/12/2002]
“The Bush administration rolled a diplomatic tank over the International Criminal Court statute via an unlawful Security Council resolution..” — (July 12, 2002) [New York Times, 7/13/2002]
“Prosecution for the gravest crimes should not be subject to delay or obstruction.” — (July 11, 2002) [New York Times, 7/12/2002]
October 21, 2002
US Ambassador to the UN John Negroponte provides the five permanent members of the UN Security Council with a revision of the UN draft resolution on disarming Iraq. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002] The Bush administration makes it clear that it expects the UN Security Council to vote on this draft of the resolution soon and signals that US officials are losing their patience with other member states. State Department Spokesman Richard Boucher, states, “We’re also making clear it is time to wrap this up.” [Associated Press, 10/21/2002] Similarly, Ari Fleischer tells reporters the following day, “It’s coming down to the end. The United Nations does not have forever.” [White House, 10/22/2002] The same day, Bush will say in a Pennsylvania speech: “The United Nations can’t make its mind up. If Saddam won’t disarm, we will lead a coalition to disarm him for the sake of peace…. [The United Nations] must resolve itself to be something more than the League of Nations, must resolve itself to be more than a debating society, must resolve itself to keep international peace.” [CNN, 10/22/2002; US President, 10/28/2002] Summing up US feelings, an unnamed official tells the New York Times that the administration’s message to the other permanent members is, “You’re either with us or against us.” [New York Times, 10/23/2002]
- The revision drops the words “all necessary means,” stipulating in its place that Iraq’s failure to abide by the new resolution would result in “serious consequences.” [Associated Press, 10/21/2002; Associated Press, 10/21/2002; Washington Post, 10/23/2002; New York Times, 10/23/2002]
- The revision does not require that UN inspectors be accompanied by armed guards, a requirement in the earlier draft which many current and former UN inspectors opposed. [Associated Press, 10/21/2002; New York Times, 10/23/2002]
- A provision in the previous draft requiring that member states help the UN enforce “no-fly” and “no-drive” zones around the inspection sites remains in the draft resolution, but in brackets, suggesting that the US and Britain are willing to negotiate on this point. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002; New York Times, 10/23/2002]
- The revision does not require that the five permanent members of the Security Council be permitted to appoint their own officials to the inspection teams. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002; New York Times, 10/23/2002]
- The revision stipulates that Iraq must declare its weapons of mass destruction within 30 days of the resolution’s passing, after which the weapons inspectors would have another 45 days to commence its work on disarmament. [ABC News, 10/23/2002 Sources: John Negroponte] If Iraq does not meet the deadline, its failure to do so will be considered a “material breach” of the resolution. [Associated Press, 10/21/2002 Sources: John Negroponte]
- The revised draft still contains phrases that set a hair trigger for the implementation of “serious consequences.” The revision stipulates that further “false statements and omissions” by Iraq would amount to “a further material breach.” [Economist, 10/23/2002; New York Times, 10/23/2002]
Reactions - In spite of the revision, the oppositional stances of France, Russia, Mexico, and China remain unchanged. Bulgaria, Colombia, Norway, Singapore show some support for the revision. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002; London Times, 10/28/2002]
Statements
Igor Ivanov
Russia is “ready to work with different members of the UN Security Council on a draft resolution which would ensure the effective work of inspectors, be realistic and not support provisions which pave the way for automatic use of force.” — October 22, 2002 [Reuters, 10/22/2002]
“The American draft resolution…does not answer the criteria which the Russian side laid out earlier and which it confirms today.” — October 22, 2002 [Associated Press, 10/21/2002; Associated Press, 10/22/2002; Washington Post, 10/23/2002; Reuters, 10/22/2002]
Dominique de Villepin
“There’s still a lot of work to do,” adding that “There are some points that need to be discussed among us before we have an accord.” — October 22, 2002 [Associated Press, 10/21/2002]
“Our goal is the return of the UN weapons inspectors and the elimination of weapons of mass destruction and not regime change in Iraq. It is in this context that we are negotiating this resolution.” — October 22, 2002 [Associated Press, 10/21/2002]
George W. Bush
“For the sake of having an international body which is effective, the UN… must be resolved to deal with this person, must resolve itself to be something more than a League of Nations, must resolve itself to be more than just a debating society, must resolve itself to help keep international peace. It’s an important time in our history to determine whether or not we’re going to be a nation which is willing to work with other nations to keep the peace. The answer is ‘you bet’ but if they won’t, if the UN can’t make its mind up, if Saddam Hussein won’t disarm, we will lead a coalition to disarm him for the sake of peace.” — October 22, 2002 [CNN, 10/22/2002; Associated Press, 10/21/2002]
Sergei Lavrov
“We cannot agree to any automacity in the use of force, and we cannot agree to unimplementable, unrealistic demands that are against the wishes of even the arms inspectors themselves.” — October 23, 2002 [Statesman (New Delhi), 10/25/2002; Agence France-Presse, 10/24/2002]
Unnamed Senior Kremlin official
The draft “insignificantly differs on the most crucial points from earlier US-British proposals which were unacceptable to Russia and other permanent members of the UN Security Council.” — October 22, 2002 [Daily Telegraph, 10/22/2002]
November 8, 2002
The UN Security Council unanimously votes 15-0 in favor of UN Resolution 1441, which stipulates that Iraq is required to readmit UN weapons inspectors under tougher terms than required by previous UN resolutions. The resolution does not give the US authority to use force against Iraq. [United Nations, 11/8/2002] The resolution makes it very clear that only the UN Security Council has the right to take punitive action against Iraq in the event of noncompliance. [Common Dreams, 11/14/2002] After the resolution is passed, top Bush administration officials make public statements threatening to use military force against Iraq if Saddam’s regime does not comply with the resolution. George Bush, Colin Powell, John Negroponte, Andrew Card, and Ari Fleischer make statements asserting that the resolution does not prevent the US from using force.
- A provision that would have authorized UN member states to use “all necessary means” to disarm Iraq is relocated to the preamble of the resolution where it has no practical significance. [New York Times, 11/6/2002; United Nations, 11/9/2002]
- A provision requiring that security guards accompany the inspectors is removed. [New York Times, 11/6/2002]
- The resolution requires Iraq to provide the UN with the names of all its weapons experts. [New York Times, 11/6/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
- The resolution states that weapons inspectors will be authorized to remove Iraqi scientists, as well as their families, from Iraq in order to interview them. An official later tells the Washington Post that the power to interview Iraqi scientists was “the most significant authority contained in the resolution” and “the one thing that is most likely to produce overt Iraqi opposition.” [United Nations, 11/9/2002; Washington Post, 12/12/2002]
- The resolution overturns provisions of the previous Resolution 1154 that required UN inspectors to notify Baghdad before inspecting Saddam Hussein’s presidential sites. Resolution 1154 had also required that inspections of those sensitive sites occur in the presence of diplomats. The new resolution demands that Iraq allow the inspectors “immediate, unimpeded, unconditional and unrestricted access” to any sites chosen by the inspectors. [United Nations, 11/9/2002] Unnamed diplomats and US officials tell USA Today that the US may attempt to claim that Iraq is engaged in a pattern of defiance and deceit if it hinders the inspectors in any way. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
- The resolution includes a provision calling for “no-fly” and “no-drive” zones in the areas surrounding suspected weapons sites to prevent the Iraqis from removing evidence prior to or during inspections. [United Nations, 11/9/2002]
- The final resolution includes statements stipulating that an Iraqi failure to comply with the terms of the resolution, including “false statements or omissions” in the weapons declaration it is required to submit, will “constitute a further material breach” of its obligations. Additional wording included in the same provision explains that any breach of the resolution will “be reported to the Council for assessment.” Also, towards the end of the resolution, it states that the chief weapons inspector should “report immediately to the Council any interference” by Iraq so that the Council can “convene immediately to consider the situation and the need for full compliance with all the relevant council resolutions in order to restore international peace and security.” [New York Times, 11/6/2002; CNN, 11/8/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
- Paragraph 8 of UN Security Council Resolution 1441 states that Iraq “shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution.” The US contends that this applies to the US- and British- patrolling of the “no-fly” zones that the two countries imposed shortly after the Gulf War. The “patrolling,” which has never been officially sanctioned by the UN and which is not recognized by Iraq, often includes aerial attacks on Iraqi sovereign territory. Iraq consistently fires on the attacking jets in self-defense. Other UN Security Council members explicitly oppose this interpretation of the resolution before its passage. [United Nations, 11/9/2002; Associated Press, 11/12/2002]
- The resolution gives Iraq seven days to announce whether or not it will comply with the resolution, and 30 days (December 8) to declare its chemical, biological, and nuclear-related capabilities—even those that are unrelated to weapons programs. 10 days after Iraq’s acceptance of the terms, inspectors will send an advanced team to Baghdad, but will have a total of 45 days to begin the actual work. The inspection team will be required to provide the UN Security Council with a report 60 days (January 27) after the commencement of its work. [Guardian, 11/7/2002; Associated Press, 11/8/2002; United Nations, 11/9/2002; Associated Press, 11/13/2002] Diplomats and US officials speaking off the record tell USA Today that the declaration due on December 8 represents a hidden trigger, explaining that any omissions will be considered a material breach and sufficient justification for war. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
- Syria requested that the resolution include a provision stating that Iraq’s compliance with the terms would result in the lifting of sanctions. This provision was not included. [CNN, 11/8/2002]
- Syria requested that the resolution declare the entire Middle East a “nuclear-free and weapons of mass destruction-free zone.” This provision was not included. [CNN, 11/8/2002]
- France did not want the resolution to include any wording that might authorize the use of force. Instead it argued that the resolution should include only terms for tougher inspections. In the event of Iraqi noncompliance with the terms, France argued, a separate resolution should be agreed upon to decide what further action would be necessary. France lost its argument, and the new resolution includes a warning to Iraq “that it will face serious consequences” in the event of its failure to comply with the terms of the resolution. [Guardian, 11/7/2002]
Statements
Zhang Yishan
“The purpose (of the resolution) was to disarm Iraq, and it no longer contained any ‘automaticity’ for the use of force. Security Council must meet again if there was non-compliance by Iraq.” — November 7, 2002 [Inter Press Service, 11/8/2002]
Condoleezza Rice
“We have to have a zero-tolerance view of the Iraqi regime this time. The next material breach by Saddam Hussein has got to have serious consequences. I think it’s pretty clear what that may mean.” — November 10, 2002 [Chicago Tribune, 11/11/2002]
Colin Powell
“We will ask the UN to give authorization for all necessary means, and if the UN is not willing to do that, the United States with like-minded nations will go and disarm him forcefully.” — November 10, 2002 [Guardian, 11/11/2002; CNN, 11/10/2002]
John Negroponte
“If the Security Council fails to act decisively in the event of further Iraqi violations this resolution does not constrain any member state from acting to defend itself against the threat posed by Iraq or to enforce relevant United Nations resolutions and protect world peace and security.” — November 8, 2002 [Australian Broadcasting Corporation, 11/8/2002; CNN, 11/9/2002; Fox News, 11/8/2002; Washington File, 11/8/2002]
Kofi Annan
“Iraq has a new opportunity to comply with all these relevant resolutions of the Security Council. I urge the Iraqi leadership for sake of its own people…to seize this opportunity and thereby begin to end the isolation and suffering of the Iraqi people.” — November 7, 2002 [Associated Press, 11/8/2002]
George W. Bush
“The world has now come together to say that the outlaw regime in Iraq will not be permitted to build or possess chemical, biological or nuclear weapons… [a]nd my administration will see to it that the world’s judgment is enforced” — November 9, 2002 [US President, 11/15/2002]
“The United States has agreed to discuss any material breach with the Security Council, but without jeopardizing our freedom of action to defend our country.” — November 8, 2002 [US President, 11/11/2002]
Saddam’s “cooperation must be prompt and unconditional or he will face severest consequences” — November 8, 2002 [US President, 11/11/2002]
Jean-David Levitt
“This resolution is a success for the Security Council and the United Nations.” — November 7, 2002 [Associated Press, 11/8/2002]
Turki bin Faisal
“The Arab ministers welcomed Iraq’s acceptance of Resolution 1441, following assurances from Syria that this resolution does not provide for automatic military action (against Baghdad).” — November 10, 2002 [Agence France-Presse, 11/10/2002]
Naji Sabri Hadithi
“The United States’ use of the Security Council as a cover for aggression against Iraq was foiled by the international community because the international community does not share the appetite of the evil administration in Washington for aggression, murder and destruction.” — November 10, 2002 [Guardian, 11/11/2002]
Sergei Lavrov
Sergev Lavrov agreed that the resolution did not allow for the automatic use of force and said that the United States and Britain had acknowledged that. — November 7, 2002 [Inter Press Service, 11/8/2002]
Jeremy Greenstock
“This is about the disarmament of Iraq through inspections and by peaceful means. It is a resolution that sets out two stages. This is not about triggers. This is not about the use of force.” — November 7, 2002 [Guardian, 11/7/2002]
Andrew Card
“The UN can meet and discuss, but we don’t need their permission.” — November 10, 2002 [CNN, 11/10/2002]
Commentaries
Times of London
“If inspectors unearth any hidden weapons, Baghdad will have exhausted the ‘final opportunity’ offered by the international community. It will then be in ‘material breach’ of its obligations and likely to trigger the ‘serious consequences’ of a new war by a US-led coalition determined to overthrow the regime in Baghdad.” — November 9, 2002 [London Times, 11/9/2002]
Guardian of London
“[I]n spite of two months of tortuous negotiation, there are lots of gray areas, lots of ambiguities, lots of scope for confusion.… The problem is one of interpretation, especially as there is much deliberate ambiguity in the text. The key ambiguity surrounds what would qualify as an Iraqi obstruction of the inspections process and whose responsibility it would be to make the judgment” — November 7, 2002 [Guardian, 11/7/2002]
Majorie Cohn
“The passage of Resolution 1441 gives the Bush Regime the tools it needs to carry out that mission. Although couched as a means for disarmament, this resolution is really a ‘set-up’ that will be used to justify the US military takeover of Iraq. Paragraph 8 states that ‘… Iraq shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or of any Member State taking action to uphold any Council resolution.’ Although the ‘no-fly-zones’ have never been sanctioned by the Security Council, under Paragraph 8, the US could justify its use of military force against Iraq, if Iraq fired on a US airplane which was unlawfully violating Iraq’s airspace within these zones…. It would be very difficult for any sovereign nation to comply with Resolution 1441, which in effect authorizes the occupation of Iraq.” — November 21, 2002 [Jurist, 11/21/2002]
End Part I