22 August 2009 Chapter Seven and Iraq

22 August 2009 Chapter Seven and Iraq


Published on 22 August 2009 to the mailing list subscribers



August 21st to September 19th 2009 – Ramadan

September 8, 2009 – New incoming Parliament Holds First Session

October 16-17, 2009, Getenergy for Iraq 2009, to be held in Istanbul, Turkey

October 24, 2009 – National Census

October 2009 – International Compact with Iraq– Date to be Announced – Baghdad

December 7-9, 2009 Iraq Petroleum Conference London U.K.

December 31, 2009 – Development Fund for Iraq (DFI) expires

December 31, 2009 – Article Seven U.N. Charter expires

December 2009 – Article 140 Vote

January 16, 2010 – Iraq Referendum Vote (SOFA Security Agreement)

January 16, 2010 - National Parliamentary Elections





I would like to say first I receive a lot emails about Chapter Seven and Iraq. Which most of the emails I receive are in the Chapter Seven has been lifted crowd.



I really can understand why you all take that position with all the misinformation and rumors circulating along with the Arab and western media feeding there news stories largely because they have nothing else to write about, so they write and rewrite the same stories over and over maybe thinking nobody's paying attention.



So this is my way of setting the rumor about Chapter Seven and that it is in full force on Iraq as I write this on my machine.



You after reading might not agree of my commentary and analysis and I understand since I am the American Contractor blogger writing this.



If you have something different and can show I am more than willing to look at it. Please send it and you all know my email address [americancontractor@Gmail.com]



When government officials are talking about Chapter Seven what exactly are they talking about and what does Chapter Seven mean.



According to wikipedia:



Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".



http://en.wikipedia.org/wiki/Chapter_VII_of_the_United_Nations_Charter



After reading that you must be thinking that Iraq is no threat to anyone they barely have a Army, Navy, Air force, Police and Security Forces.



True they are doing there best to build up all those forces and we hope in the future that they are capable of performing all those duties on there own without the help of the United States government.



What I want you all to notice is the words “determine the existence of any threat to the peace, breach of the peace, or act of aggression.”



Just a few days ago (19 August) there were attacks on several of the Iraqi Government facilities and buildings such as Ministry of Foreign Affairs, Ministry of Finance and others and scores of innocent people were either killed or wounded. Would these acts of violence fall under the “threat to the peace” or Breach of the peace.”?



It means internally as well as externally. We all know Iraq is no threat to it's Arab neighbors however, there is a threat within Iraq that makes other governments nervous about where Iraq is headed in the future.



Lets look at what others have to say about lifting Chapter Seven.



How about the Iraq's Ambassador to the United Nations; Hamid al-Bayati being interviewed by a reporter on November 7, 2008





Q: What is the importance of Chapter 7 from the United Nations Security Council and Iraq's place in that?



A: There are two important issues: One, it considers Iraq as a danger for security and stability. Second, it authorizes a Security Council member to use force in Iraq. Iraq and the Iraqi government wanted to get out of Chapter 7 because of those two points. We don't think Iraq is a danger for security and stability, and we think that there is no need to authorize Security Council members to use force in Iraq.



http://www.upi.com/Emerging_Threats/2008/11/07/Interview-Iraqs-UN-Ambassador-Hamid-al-Bayati/UPI-98921226083717/



The interview was last year November 2008 and the Ambassador don't believe Iraq is a danger for security and stability. I wonder what he would say now.



Lets look at some recent comments made by U.S Government officials like Pres. Obama while the Prime Minister of Iraq Nuri al-Maliki was pleading his case for the lifting of Chapter Seven.



This is a quote from Pres. Obama in the Wall Street Journal, dated 22 July 2009.



"As we move forward, Prime Minister Maliki and I have no doubt but

that there will be some tough days ahead," Obama said. "There will be

attacks on Iraqi security forces and the American troops supporting

them. There are still those in Iraq who would murder innocent men,

women and children. There are still those who want to foment sectarian

conflict. "But make no mistake, those efforts will fail." - Pres. Obama



http://online.wsj.com/article/BT-CO-20090722-716421.html



Again talking about the threats within Iraq of people still wanting to murder innocent men, women and children.



29 July 2009 the U.N. Secretary General Ban Ki Moon after he released his Security Council Resolution Review on Iraq.



“"The Security Council should also take into account the efforts and progress made by the government of Iraq since 2003 in creating a

stable nation, at peace with itself and its neighbors," Ban said. "It

is important to recognize that Iraq of today is very different from

Iraq prior to 2003."



http://www.thearynews.com/english/newsdetail.asp?nid=31140





Two documented quotes from the leader of the free world and the U.N. Secretary General both mentioning about threats within and peace with itself and its neighbors. Plus don't forget the Ambassador of Iraq to the U.N. his question and answer session with a reporter.



The Chapter Seven Article is what gives powers to the U.N. Security Council made up of five permanent members, USA, France, U.K., China, Russia. There are ten other countries but they are not permanent members but they do have a voice in the matter such as the country of Kuwait. Kuwait is very much involved in any discussions about Chapter Seven and Iraq.



It is these five countries PM Maliki and Iraqi government delegations were visiting last year to try and be convincing to have each permanent member vote yes on lifting the Chapter Seven. As you can see it did not move everyone to vote yes on removal.



Some people argue the Chapter Seven has been lifted because Iraq is acquiring deals in Arms and weapons sales. And Chapter Seven would prohibit these type of transactions so chapter Seven is no more! Right!



The short answer is no it would not. Only a specific written UNSC Resolution would be able to specifically ban weapons sales to a country that is currently under U.N. Chapter Seven.



The Chapter Seven is what gives the Security Council the authority to set sanctions or whatever action to include using military force against a sovereign nation to comply with any U.N. Resolution.



Please read the last paragraph if I lost you in determining what Chapter Seven is all about.



After the first Gulf War the United Nations Security Council (UNSC) passed Resolution 661 (1990). And the specific paragraph I want you to read is below.



Resolution 661 (1990)



(c) The sale or supply by their nationals or from their territories or using their flag vessels of any commodities or products, including weapons or any other military equipment, whether or not originating in their territories but not including supplies intended strictly for medical purposes, and, in humanitarian circumstances, foodstuffs, to any person or body in Iraq or Kuwait or to any person or body for the purposes of any business carried on in or operated from Iraq or Kuwait, and any activities by their nationals or in their territories which promote or are calculated to promote such sale or supply of such commodities or products;



http://www.fas.org/news/un/iraq/sres/sres0661.htm



After reading UNSC Resolution 661 it states in plain english that Iraq will not engage in any sales or supply of weapons or any other military equipment.



After the Iraq Invasion these economic sanctions of Resolution 661 were lifted from Iraq in May 2003. To include the prohibition of weapons sales and other military equipment.



President Bush lifted the economic sanctions against Iraq because Iraq would not be able to get there infrastructure repaired and the security forces built up if Iraq was still under UNSC Resolution 661.



On May 22, 2003 there was a news article published by the American Forces Press Service stating UNSC resolution 1483 had passed and removing Resolution 661 economic sanctions against Iraq.





United Nations Lift Sanctions Against Iraq

American Forces Press Service

WASHINGTON, May 22, 2003 ñ The United Nations this morning lifted sanctions against Iraq following a 14-0 vote in the Security Council.



The vote on U.N. Security Council Resolution 1483 lifts sanctions imposed on Saddam Hussein's regime following the Persian Gulf War. The resolution also gives the United States and the United Kingdom authority to control the country until an elected government is in place.



http://www.defenselink.mil/news/newsarticle.aspx?id=28956



If you take the time and read the article it states:



excerpt from article:



The resolution lifts export restrictions to Iraq, with the exception of trade in arms and related materiel. Aviation restrictions are also lifted.



"But Iraq's disarmament obligations remain, and member states remain barred from assisting Iraq in acquiring weapons of mass destruction (and) proscribed missile systems or proceeding with civil nuclear activities, so long as those restrictions remain in effect," he said.



The restrictions of trade in arms has to do with weapons of mass destruction and any materials used to pursue those type of weapons ie. such as chemical and nuclear weapons.



I know after reading that you are going to say that it means weapons or all weapons and I understand let me explain further.



On 22 May 2003 the UNSC passed resolution 1483 (2003) and if you take a moment to read Paragraph 10.



UNSC Resolution 1483 (2003) Paragraph 10:



10. Decides that, with the exception of prohibitions related to the sale or supply to Iraq of arms and related material other than those arms and related material required by the authority to serve the purposes of this and other related resolutions, all prohibitions related to trade with Iraq and the provision of financial or economic resources to Iraq established by resolution 661 (1990) and subsequent relevant resolutions, including resolution 778 (1992) of 2 October 1992, shall no longer apply;



Remember the supply to Iraq of arms and related material involves the weapons of mass destruction and when it mentions in the above paragraph 'other than those arms and related material required by the authority' means the Iraqi government. The Iraqi government is now free from this restriction and can go out and sign weapons deals with other countries.



Remember this was May 2003. Even with this resolution lifted Iraq is still under the U.N. Chapter Seven Article until a new resolution is drafted releasing them from Chapter Seven.



UNSC Resolution 1483 (2003)

http://www.globalsecurity.org/wmd/library/news/iraq/un/n0336853.pdf



Listed below are some news media articles of the Iraqi Government signing arms deals with different countries. I listed two articles in dated in the year 2007 in which the Iraqi government was looking for weapons for the Iraqi Army and Security forces.



So we can all agree that in 2007 Iraq was under Chapter Seven and signing deals with foreign governments for the purchase of weapons and military equipment.



Guns, not roses, for Iraq

September 18, 2007

"Iraq is becoming one of the United States' larger foreign military sales customers," Petraeus told the Senate Armed Services Committee on Sept. 11, noting that Iraq has inked deals to buy $1.6 billion in arms from the U.S., with the "possibility of up to $1.8 billion more."



http://www.salon.com/news/feature/2007/09/18/weapons/



Iraq turns to China for arms

5 October 2007

Iraq has ordered $US100 million ($113 million) worth of military equipment from China for its police force, claiming the US is unable to provide the material and is too slow to deliver arms shipments.



http://www.theaustralian.news.com.au/story/0,25197,22532537-15084,00.html





The below article dated 20 July 2009, it is a recent article and the Iraqi government is attempting to buy U.S. M1 Abrams Tanks, only one problem they dont have any money. However, in 2007 those weapons deals went through because the U.S. government gave the money to the Iraqi government to purchase those weapons.



Poor Cash Flow Delays Iraqi Deals

20 July 2009

The sale of hundreds of U.S. Abrams tanks, as well as helicopters and other equipment, to the Iraqi Army is being held up by the Iraqi government's poor credit rating, leading the Iraqis to eye vehicles and equipment from other countries, Pentagon and industry officials said.

http://www.defensenews.com/story.php?i=4195302



In 2008, the Serbian defense industry closed a USD 235mn worth export deal with Iraq. The contract envisaged the sale of infantry arms, around 17,000 guns, mine throwers, and a great amount of ammo.

http://www.b92.net/eng/news/politics-article.php?yyyy=2009&mm=08&dd=03&nav_id=60915



Iraq Seeks F-16 Fighters

5 September 2008

The Iraqi government is seeking to buy 36 advanced F-16 fighters from the U.S., say American military officials familiar with the request, a move that could help reduce its reliance on U.S. air power and potentially allow more American forces to withdraw from the country than had been proposed.

http://online.wsj.com/article/SB122056503871901333.html?mod=googlenews_wsj



Now if you have been reading my newsletters for the past few months I have always said to keep your eye on the Russians as they are permanent members of the UNSC and have made statements about Iraq and Chapter Seven.



On December 19, 2008 a news article in the Kuwait KUNA headline stated:



Russia predicts Iraq will stay under Chapter 7 of UN Charter "for a while"



http://www.kuna.net.kw/newsagenciespublicsite/ArticleDetails.aspx?id=1961188&Language=en



In the article from the Kuwait KUNA it does not give any clue as to what the Russian U.N. Ambassador meant when he said Iraq will be under Chapter Seven “for a while” or long a while is.



If you recall Prime Minister (PM) Maliki wanted to get out of the Chapter Seven and at the same time wanted the Development Fund for Iraq (DFI) protected from liens and lawsuits that are or will be brought against the Iraqi government for actions that the previous regime was responsible for.



The Russian Ambassador Vitaly Churkin, said Iraq can not remain under resolutions in order to protect the DFI funds and than request to be removed from Chapter Seven.



PM Maliki had no choice in the matter because he knows he has to protect the DFI funds so he received a one year extension and Iraq would remain under Chapter Seven and the Resolution 1483 intact.



The Russian Ambassador comments at a press conference: "I think given the requirements of the Iraqis to be protected by Chapter 7 in this fund, you cannot get out of Chapter 7 if you want to have that protection under Chapter 7." "Frankly," he added, "the situation in Iraq is such that the presence of the Security Council in this form (Chapter 7) or another needs to continue to be there for a while."



Now lets look at the U.N. Secretary-General Ban Ki-Moon, who is the head of the United Nations and was to give a report to the UNSC in regards to Iraq and the lifting of Chapter Seven. The report 17 pages was filed at the UNSC on 27 July 2009.



Link to U.N. Report by Secretary-General Ban Ki-Moon

http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Iraq%20S%202009%20385.pdf



On 28 July 2009, in the Kuwait Observer an article that was released by the United Nations and it listed some issues that Iraq must take responsibility for in reference to the U.N. Resolutions against it.



The Kuwait Observer Headline:



Ban urges UNSC to help Iraq fulfill obligations before coming out from Chapter Seven



http://www.kuwaitobserver.com/news/newsfull.php?newid=254975



The Secretary General Ban Ki Moon said about the UNSC “..continues to bear the primary responsibility for the implementation of the relevant Security Council Resolutions ...it is my hope that the Security Council will consider this report with a view to taking appropriate decisions that would help Iraq fulfill its outstanding obligations in a timely manner.”



The outstanding obligations in regards to the Iraqi government are numerous. Iraq was blamed for the delay in the work to maintain the boundary pillars at the international recognized border between Iraq and Kuwait, and mainly because of Baghdad's failure to remove several buildings along the border, the news article said.



The Iraqi government would like to lower the percentage of its contribution to the Compensation Fund from five to one percent or eliminating it all together. This does not sit well with the Kuwaiti government and they are adamant that Iraq abides by the Resolutions in regard to War Reparations for Kuwait.



No other country or government will pay the War Reparations for Iraq to Kuwait considering the economic crisis all five members of the UNSC are confronting especially the United States still funding two wars who is still using supplemental funding for day to day and combat operations.



If you take the time and read the Kuwait Observer article it outlines in plain english what the Iraqi government has to overcome in order for U.N. Chapter Seven is lifted and if you want to get more details read the Secretary general Report dated 27 July 2009.



I really didn't mean for this to be a long and drawn out as I probably lost most of you after the second page. After I started writing I just kept on coming up with references to make my case about Iraq and Chapter Seven.



In any case hope you enjoyed reading, be safe!