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[size=36][rtl]Is Iraq out of the provisions of Chapter VII?[/rtl][/size]
Monday, November 25, 2019
Monday, November 25, 2019
Mohammed Abdul Jabbar Carp
These days, there is talk in some media and political circles about the possibility of putting Iraq back under the provisions of Chapter VII of the Charter of the United Nations. The Security Council subjected Iraq to the provisions of this chapter under resolution 660 after the occupation of the Saddam regime in Kuwait on August 2 of the year
Is it possible to activate the provisions of Chapter VII again? Is Iraq really out of the provisions of this chapter?
Foreign Ministry says yes that Iraq came out of the provisions of Chapter VII. The ministry said in a press statement on the ninth of December 2017: The UN Security Council voted unanimously to remove the country from Chapter VII after the implementation of the obligations of Iraq,
The statement was based on Security Council resolution 2390/2017, which was adopted unanimously.
In reference to the Security Council resolution, we find that it is completely free from mentioning Iraq out of the provisions of Chapter VII, or subject to the provisions of Chapter VI, as some say.
This means that what was reported by the British newspaper The Independent in Arabic on 21 November is not true. The newspaper said: "Iraq had come out of Chapter VII resolution 2390 in 2017 and was transferred to Chapter VI to resolve the problems with Kuwait." This is inaccurate.
According to legal expert Riyad al-Sindi, Iraq is still subject to the provisions of Chapter VII in several areas, including weapons. Arms embargoes were imposed on Iraq under resolution 687 (1991), and Sindhi spoke. We have seen how the Security Council excluded the arms embargo measures when it decided to lift the economic embargo on Iraq on 22 May 2003. All States should prevent the sale or supply of weapons and related equipment to Iraq.
This was confirmed in paragraph 22 of resolution 1546 (2004), and the Council noted that nothing in the preceding paragraph would affect the prohibition of States or their obligations with respect to the items specified in paragraph 8 (Chemical and biological weapons and ballistic missiles with a range of more than 150 kilometers) And paragraph 12 (nuclear weapons) of resolution 687 (1991) or the activities described in paragraph 3 (f) (nuclear activities) of resolution 707 (1991).
If we consider that Iraq is still under the provisions of Chapter VII, it is possible for the Security Council to take action under Article 42 / Chapter VII, which reads: Take action by air, sea and land forces to maintain or restore international peace and security. Such actions may deal with demonstrations, enumeration and other operations by air, sea or land forces of the Members of the United Nations.
Article 41 states: "The Security Council may decide on measures to be taken that do not require the use of armed forces to implement its resolutions. Telegrams, wireless and other means of communication partially or totally cease and sever diplomatic relations. ”
There is no precedent for such a measure, although similar cases occur in many countries of the world.
If we consider that Iraq is outside the provisions of Chapter VII, theoretically the Security Council can return it to the umbrella of this chapter, provided that no other of the five permanent members of the Security Council (such as China or Russia) veto "against a draft resolution of this Type.
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