Statements
Unnamed British Foreign Office source
“Since the legal basis (for the no-fly zones) is other than 1441, threats against our aircraft would not be a material breach of… [UN] resolution [1441].” — November 19, 2002 [Reuters, 11/19/2002]
Russian foreign ministry
“Recent claims that Iraq’s actions in the no-fly zones can be seen as a violation of the UN Security Council Resolution 1441 have no legal ground.” — November 19, 2002 [Reuters, 11/19/2002]
Unnamed UN Security Council source
“It’s one thing to keep up ‘zero tolerance’ to put the squeeze on Iraq. But in practice they know perfectly well that the other 14 council members were voting for disarmament, not the no-fly zone, or there would have been no vote.” — November 19, 2002 [Peoples Weekly World News, 11/23/2002; Reuters, 11/19/2002]
November 21-22,2002
A NATO summit is convened in Prague to welcome the Eastern European states of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia, who will become members of the alliance in 2004. These seven countries, along with Albania, Croatia and Macedonia, release a statement [New York Times, 11/22/2002] , which says, “NATO allies stand united in their commitment to take effective action to assist and support the efforts of the UN to ensure full and immediate compliance by Iraq, without conditions or restrictions, with UN [Resolution] 1441.” [Daily Telegraph, 11/22/2002] The statement also says, “[W]e are prepared to contribute to an international coalition to enforce its provisions and the disarmament of Iraq.” [New York Times, 11/22/2002] Bruce Jackson, a former US Defense Department official who heads a Committee for the Liberation of Iraq, helps draft the statement. France also releases a statement, which is a bit less confrontational. [Agence France-Presse, 11/20/2002] A French official explains to the London Telegraph that the Eastern states’ statement was “his [Bush’s] own interpretation [of UN Resolution 1441] and we do not share it. On December 8, we will take note of what Iraq says it has… and we will see if its behavior is consistent with its statement.” Germany remains opposed to the use of military force. [Daily Telegraph, 11/22/2002] German Foreign Minister Joschka Fischer tells reporters, “We are against military action. We don’t support military action. We want the possibility not to become the reality.” [New York Times, 11/22/2002] On the night of November 21, in an interview with Dan Rather of CBS news, Powell also makes the US position clear. He says, “If the [December 8] declaration is patently false and everybody can see it. If he does not let the inspectors do their job, then the president is fully ready to take the necessary step, which is military force.” [Evening News With Dan Rather, 11/21/2002] Secretary of Defense Donald Rumsfeld is also in town for the summit. Before he leaves Prague to meet with Slovak Prime Minister Mikulas Dzurinda in Slovakia, he says he will not believe Iraq if its declaration claims Iraq has no weapons of mass destruction. [Associated Press, 11/22/2002]
November 25, 2002
Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]
November 27, 2002
Department of Defense General Counsel William Haynes sends Donald Rumsfeld an action memo to approve for use, at General James T. Hill’s discretion, all techniques from Categories I and II, and the “mild, non-injurious contact” from category three that were suggested by the Guantanamo legal staff (see October 25, 2002). With regard to the remaining harsh techniques in category three, the death threats, and use of wet towels, Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our Armed Forces are trained to a standard of interrogation that reflects a tradition of restraint.” [ [Sources: RAND Corporation]
End of 2002: Rumsfeld’s Secret Program Targeting ‘High Value’ Terrorists is Going Strong
The Special Access Program, or SAP, (see Late 2001-Early 2002) authorized by Secretary of Defense Donald Rumsfeld giving blanket advance approval to kill or capture and, if possible, interrogate high-value targets, has taken off and is apparently faring well. “It was an active program,” an intelligence source later explains to Seymour Hersh. “As this monster begins to take life, there’s joy in the world. The monster is doing well—real well.” Those who run the program, according to him, see themselves as “masters of the universe in terms of intelligence.” By the end of 2002, terrorist suspects are being interrogated in secret detention facilities in such places as Pakistan, Thailand, and Singapore. [Guardian, 9/13/2004]
December 2, 2002
Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendation (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]
December 3, 2002
Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” [BBC, 12/4/2002]
December 5, 2002
White House Press Secretary Ari Fleischer says: “The president of the United States and the secretary of Defense would not assert as plainly and bluntly as they have that Iraq has weapons of mass destruction if it was not true, and if they did not have a solid basis for saying it.” When pressed for details, he adds: “President Bush has said Iraq has weapons of mass destruction. Tony Blair has said Iraq has weapons of mass destruction. Donald Rumsfeld has said Iraq has weapons of mass destruction. Richard Butler has said they do. The United Nations has said they do. The experts have said they do. Iraq says they don’t. You can choose who you want to believe.” [CBC News, 12/5/2002; Associated Press, 12/5/2003]
End Part XXI
Unnamed British Foreign Office source
“Since the legal basis (for the no-fly zones) is other than 1441, threats against our aircraft would not be a material breach of… [UN] resolution [1441].” — November 19, 2002 [Reuters, 11/19/2002]
Russian foreign ministry
“Recent claims that Iraq’s actions in the no-fly zones can be seen as a violation of the UN Security Council Resolution 1441 have no legal ground.” — November 19, 2002 [Reuters, 11/19/2002]
Unnamed UN Security Council source
“It’s one thing to keep up ‘zero tolerance’ to put the squeeze on Iraq. But in practice they know perfectly well that the other 14 council members were voting for disarmament, not the no-fly zone, or there would have been no vote.” — November 19, 2002 [Peoples Weekly World News, 11/23/2002; Reuters, 11/19/2002]
November 21-22,2002
A NATO summit is convened in Prague to welcome the Eastern European states of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia, who will become members of the alliance in 2004. These seven countries, along with Albania, Croatia and Macedonia, release a statement [New York Times, 11/22/2002] , which says, “NATO allies stand united in their commitment to take effective action to assist and support the efforts of the UN to ensure full and immediate compliance by Iraq, without conditions or restrictions, with UN [Resolution] 1441.” [Daily Telegraph, 11/22/2002] The statement also says, “[W]e are prepared to contribute to an international coalition to enforce its provisions and the disarmament of Iraq.” [New York Times, 11/22/2002] Bruce Jackson, a former US Defense Department official who heads a Committee for the Liberation of Iraq, helps draft the statement. France also releases a statement, which is a bit less confrontational. [Agence France-Presse, 11/20/2002] A French official explains to the London Telegraph that the Eastern states’ statement was “his [Bush’s] own interpretation [of UN Resolution 1441] and we do not share it. On December 8, we will take note of what Iraq says it has… and we will see if its behavior is consistent with its statement.” Germany remains opposed to the use of military force. [Daily Telegraph, 11/22/2002] German Foreign Minister Joschka Fischer tells reporters, “We are against military action. We don’t support military action. We want the possibility not to become the reality.” [New York Times, 11/22/2002] On the night of November 21, in an interview with Dan Rather of CBS news, Powell also makes the US position clear. He says, “If the [December 8] declaration is patently false and everybody can see it. If he does not let the inspectors do their job, then the president is fully ready to take the necessary step, which is military force.” [Evening News With Dan Rather, 11/21/2002] Secretary of Defense Donald Rumsfeld is also in town for the summit. Before he leaves Prague to meet with Slovak Prime Minister Mikulas Dzurinda in Slovakia, he says he will not believe Iraq if its declaration claims Iraq has no weapons of mass destruction. [Associated Press, 11/22/2002]
November 25, 2002
Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. [Independent, 11/24/2002; Associated Press, 11/25/2002; New York Times, 11/25/2002]
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. [Associated Press, 11/25/2002]
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” [United Nations, 11/9/2002] However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. [BBC, 1/22/2003]
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. [Washington Post, 11/23/2002]
November 27, 2002
Department of Defense General Counsel William Haynes sends Donald Rumsfeld an action memo to approve for use, at General James T. Hill’s discretion, all techniques from Categories I and II, and the “mild, non-injurious contact” from category three that were suggested by the Guantanamo legal staff (see October 25, 2002). With regard to the remaining harsh techniques in category three, the death threats, and use of wet towels, Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our Armed Forces are trained to a standard of interrogation that reflects a tradition of restraint.” [ [Sources: RAND Corporation]
End of 2002: Rumsfeld’s Secret Program Targeting ‘High Value’ Terrorists is Going Strong
The Special Access Program, or SAP, (see Late 2001-Early 2002) authorized by Secretary of Defense Donald Rumsfeld giving blanket advance approval to kill or capture and, if possible, interrogate high-value targets, has taken off and is apparently faring well. “It was an active program,” an intelligence source later explains to Seymour Hersh. “As this monster begins to take life, there’s joy in the world. The monster is doing well—real well.” Those who run the program, according to him, see themselves as “masters of the universe in terms of intelligence.” By the end of 2002, terrorist suspects are being interrogated in secret detention facilities in such places as Pakistan, Thailand, and Singapore. [Guardian, 9/13/2004]
December 2, 2002
Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendation (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]
December 3, 2002
Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” [BBC, 12/4/2002]
December 5, 2002
White House Press Secretary Ari Fleischer says: “The president of the United States and the secretary of Defense would not assert as plainly and bluntly as they have that Iraq has weapons of mass destruction if it was not true, and if they did not have a solid basis for saying it.” When pressed for details, he adds: “President Bush has said Iraq has weapons of mass destruction. Tony Blair has said Iraq has weapons of mass destruction. Donald Rumsfeld has said Iraq has weapons of mass destruction. Richard Butler has said they do. The United Nations has said they do. The experts have said they do. Iraq says they don’t. You can choose who you want to believe.” [CBC News, 12/5/2002; Associated Press, 12/5/2003]
End Part XXI