Will The Security Council Remove Iraq From Chapter VII?

Will The Security Council Remove Iraq From Chapter VII?

12/14/2021 | 3:34 PM

Will The Security Council Remove Iraq From Chapter VIIJawad Al-Hindawi

The Iraqi Ministry of Finance paid the last amount of Kuwait war compensation, which amounted to 45 million dollars.

Iraq has paid, from 1996 until the first week of 2021, an amount of 52.4 billion US dollars in compensation. This is what Dr. Mazhar Muhammad Salih, the financial advisor to the Prime Minister, wrote in an article for him, published by the Iraqi Economists Network, on 12/11/2021, and under the title: Iraq’s End of Kuwait War Compensations…p. 1).

Forcibly, Iraq has fulfilled all its legal, political and financial obligations imposed on it by the resolutions of the Security Council and the United Nations, following the previous regime’s invasion of Kuwait. Iraq under duress accepted Security Council Resolution No. 687 of 1991 to form a border demarcation committee between Iraq and Kuwait, and the permanent representative of Iraq at the United Nations read a message, in which he stated, “Just as we accepted Resolution 687 of 1991, despite our objections to it and our rejection of its contents, we will cooperate with you.” We name our representative in the demarcation committee, even if you did not take into account the opinions and observations mentioned above. We do this because of the persistence of conditions that compel us to accept.”

Iraq did not make public its declaration in writing that it accepted under duress except for Resolution No. 687 of 1991, which delineates the border between Iraq and Kuwait, due to its awareness and knowledge that the Security Council has exceeded the limits of its powers and authority stipulated in the Charter of the United Nations, and it is not within its powers to demarcate the borders between two countries, and it was possible for Iraq, And after leaving Chapter VII, to file a case before the International Court of Justice in The Hague, for the purpose of canceling the results and consequences of the border demarcation committee between Iraq and Kuwait, on the grounds that Iraq was not satisfied and that its agreement at that time to demarcate the border was under duress.

Now, after Iraq has ended all its financial obligations towards Kuwait, the Security Council must issue a decision to completely remove Iraq from the provisions of Chapter VII and to end the work of all financial and banking committees and institutions that exercise the role of guardianship over oil revenues and freedom of import and to conduct financial and monetary transactions. And that the resolution clearly states that Iraq has fulfilled all its obligations and that it is no longer under the provisions of Chapter VII.

I refer here to what Mr. Abdul Basit Turki, Chairman of the Committee of Financial Experts in Iraq, emphasized in an interview conducted by Al-Sharq al-Awsat newspaper on 12/9/2021, that the Security Council should issue a resolution to remove Iraq from Chapter VII, and that this resolution stipulates the protection of Iraq From any other compensation claims, whether for individuals or institutions.

Will America agree to remove Iraq from Chapter VII, in accordance with a resolution issued clearly by the Security Council, as stipulated in the Charter of the United Nations? That is, just as Iraq was placed under Chapter VII and according to an explicit and clear decision, its exit from the provisions of Chapter VII must be according to a clear and explicit decision as well. We certainly hope so, but we have doubts about the US position that wants (perhaps) for Iraq to continue free from Chapter VII sanctions, but it remains subject to some financial, monetary and political restrictions. Especially since Resolution No. 660 issued on 2/8/1990 condemned Iraq for its occupation of Kuwait, and also stated that Iraq constitutes a threat to world peace and security. Perhaps America invokes the phrase “Iraq’s threat to world peace and security” and the claim that the situation of Iraq still poses a threat to world peace and security to completely disrupt its exit from Chapter VII, and the continued exercise of the role of guardianship and interference under the cover of the UN resolution.