Iraq - EP 1

Duration: 22-May-2003 to 08-Jun-2004

Following the invasion and occupation of Iraq, the occupying forces led by the United States established a de-facto regime (the coalition provisional authority, or the “Authority”). On 22 May 2003, the Security Council passed UNSCR 1483 recognizing the regime, lifting the comprehensive sanctions against Iraq (the UNSCR 661 sanctions regime), and initiating targeted sanctions to support the country’s stability, security and reconstruction under the occupation. In UNSCR 1518, passed on 24 November 2003, a new Iraq Sanctions Committee was created to replace the 661 Committee (which made the initial designations until its mandate lapsed, 6 months after UNSCR 1483). The United Nations Assistance Mission for Iraq (UNAMI) was established in August 2003 to support the fulfilment of UNSCR 1483.


Coerce

N/A.

Constrain

Constrain members of the former Iraqi regime and their supporters from establishing a credible opposition to the occupation.

Signal

Signal the illegitimacy of the former regime.


Mandatory

Ongoing arms imports embargo (on all Iraqi parties).

Newly imposed Iraqi cultural property trade or transfer ban, asset freeze (individual / entity and former regime), and asset transfer requiring all frozen assets to be transferred to the Development Fund for Iraq.


Sanctions Committee existing from the previous comprehensive sanctions was replaced by a new Sanctions Committee 6 months after the imposition of targeted measures, no sanctions monitoring mechanism in place. Designation criteria were specified and targets designated (maximum number of designees during the episode – 82 individual designees, 206 entities). Enforcement authorities specified.


Coercion

N/A

Policy outcome

N/A.

Sanctions contribution

N/A.

Constraint

Ineffective

Policy outcome

Baathist government forces never mounted a significant counter campaign during the episode, and most of its key officials were arrested, killed or captured after the 2003 invasion. Saddam Hussein’s sons were killed in a firefight with the occupying coalition forces in July, and Saddam Hussein was captured in December of 2003.

Sanctions contribution

The military occupation forces played a far more significant role in constraining remnants of the Baathist regime.

Signaling

Ineffective

Policy outcome

Norms were not clearly articulated in the targeted financial measures against former members of the Baathist regime (more concern about the private appropriation of government funds), UNSCR was focused on end of the 661 regime, oil for food, and recognition of the authority of the occupying regime, re-engaging the UN with a request for an SRSG.

Sanctions contribution

Targeted sanctions stigmatized more sharply than comprehensive sanctions (which these replaced), but the overthrow of the Baathist regime and the de-Baathification program were more important in stigmatizing individuals associated with the former government.


Insufficient information available at present.


22-05-2003

Substantive

  • Imposes ban on trade or transfer of Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance (suspected to have been) illegally removed from Iraq National Museum, National Library, and other locations since UNSCR 661 in 1990 and decides MS shall safely return such illegally removed items to Iraqi institutions
  • Lifts all UNSCR 661 and 778 trade, financial and economic sanctions except arms imports embargo to Iraq (unless required by Authority)
  • Terminates UNSCR 661 petroleum, petroleum products and natural gas exports ban from Iraq and decides that all such sales will be audited by independent public accountants and all proceedings (except 5 per cent deposited in Compensation Fund) shall be deposited in Development Fund for Iraq until internationally recognized, representative government of Iraq is properly constituted
  • Decides that all petroleum, petroleum products and natural gas exports from Iraq shall enjoy privileges and immunities equivalent to those enjoyed by the UN except with respect to any legal proceedings in connection with liability for ecological accidents (until 31.12.2007)
  • Imposes financial asset freeze and transfer to Development Fund for Iraq of funds, financial assets and economic resources of previous Government of Iraq and its state bodies, corporations, and agencies, or Saddam Hussein, other former Iraqi regime senior officials, their immediate family members, and entities owned or controlled by them, and specifies judicial, administrative, arbitral lien or judgment exemptions
  • Decides that such funds shall enjoy the same UN privileges, immunities, and protections as the sale of petroleum, petroleum products or natural gas

Procedural

  • Requests appointment of Special Representative for Iraq by Secretary-General and specifies his/her mandate
  • Requests Secretary-General to transfer 1 billion US dollars from unencumbered funds in UNSCR 986 established accounts to Development Fund for Iraq, restore UNSCR 778 requested funds to Government of Iraq, and, after deducting all relevant UN Oil-for-Food related expenses, transfer all surplus funds to Development Fund for Iraq
  • Terminates UNSCR 661 Sanctions Committee (in 6 months) and specifies its mandate
  • Terminates “Oil-for-Food” Programme (within 6 months) and transfers responsibility for administration of any remaining activity to Authority
  • Terminates Secretary-General functions related to observation and monitoring activities under “Oil-for-Food” Programme
  • Sets sanctions review (1 year)
  • Encourages regular UK and US reporting

16-10-2003

Substantive

  • Authorizes multinational force to take all necessary measures to contribute to maintenance of security and stability in Iraq, including security of UN Assistance Mission for Iraq, Governing Council of Iraq and other Iraqi interim administration institutions, key humanitarian and economic infrastructure

Procedural

  • Requests periodic US reporting.

24-11-2003

Procedural

  • Establishes Sanctions Committee and specifies its mandate.