Cablegate: Iraq Decides Not to Participate in Un Boundary

PAGE 01 USUN N 02987 01 OF 02 160117Z
ACTION IO-19
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EAP-01 EUR-01 HA-09 H-01 INRE-00 INR-01 L-03
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SP-01 SS-01 TRSE-00 T-01 USIE-00 /057W
------------------4AA75D 160119Z /38
P 160113Z JUL 92
FM USMISSION USUN NEW YORK
TO SECSTATE WASHDC PRIORITY 4685
INFO AMEMBASSY KUWAIT PRIORITY
UN SECURITY COUNCIL COLLECTIVE
ARAB LEAGUE COLLECTIVE

UNCLAS SECTION 01 OF 02 USUN NEW YORK 02987
AMMAN FOR RICCIARDONE; LONDON FOR N JOHNSON
E.0.12356: N/A

TAGS: PREL PBTS UNSC KU IZ

SUBJECT: IRAQ DECIDES NOT TO PARTICIPATE IN UN BOUNDARY
- DEMARCATION COMMISSION SESSION

REF: USUN 2977

1. FOR THE RECORD WE PROVIDE THE FULL TEXT OF THE IRAQI
FM'S JULY 12 LETTER (S/24275, FAXED TO IO/UNP),
SUMMARIZED REFTEL, IN WHICH IRAQ ANNOUNCES THAT IT WILL
NOT PARTICIPATE IN THE CURRENT SESSION OF THE UN
BOUNDARY DEMARCATION COMMISSION IN NEW YORK.

2. BEGIN TEXT:
LETTER DATED 12 JULY 1992 FROM THE MINISTER FOR FOREIGN
AFFAIRS OF IRAQ ADDRESSED TO THE SECRETARY-GENERAL
I HAVE THE HONOUR TO INFORM YOU THAT WE HAVE BEEN
NOTIFIED THAT THE BOUNDARY DEMARCATION COMMISSION HAS
DECIDED TO HOLD ITS SIXTH SESSION AT NEW YORK BETWEEN 15
AND 24 JULY 1992. ON THIS OCCASION, I SHOULD LIKE TO REFER TO THE LETTER
THAT I ADDRESSED TO YOU ON 21 MAY 1992 CONCERNING THE
DECISIONS ADOPTED ON 14 APRIL 1992, AT ITS FIFTH
SESSION, BY THE COMMISSION YOU APPOINTED ON THE MATTER
OF THE BOUNDARY (S/24044, ANNEX). IN THAT LETTER, I SET
FORTH IN DETAIL THE VIEWPOINT OF THE GOVERNMENT OF IRAQ
ON THIS GRAVE MATTER IN VIEW OF ITS VITAL IMPORTANCE TO
THE INTERESTS OF IRAQ AND OF OTHER REGIONS OF THE WORLD
THAT EXPERIENCE INTERNATIONAL DISPUTES REGARDING
BOUNDARIES. IN THAT LETTER, I ELUCIDATED HOW THE
SECURITY COUNCIL HAD, IN AN UNPRECEDENTED MANNER,
INTRUDED THE ISSUE OF THE BOUNDARY BETWEEN IRAQ AND
KUWAIT INTO ITS RESOLUTION 687 (1991) BY IMPOSING ON IT
A PARTICULAR STATUS, WHILE IT IS UNIVERSALLY ACCEPTED IN
LAW AND IN PRACTICE AS THEY RELATE TO INTERNATIONAL
INTERCOURSE THAT BOUNDARY ISSUES ARE LEFT TO AGREEMENT
BETWEEN STATES BECAUSE THIS IS THE ONLY BASIS CAPABLE OF
ENSURING THE PRINCIPLE OF BOUNDARY STABILITY. I ALSO
EXPLAINED HOW CERTAIN VERY VITAL ASPECTS OF THE
ARRANGEMENTS THAT HAD BEEN MADE BY THE SECRETARY-GENERAL
OF THE UNITED NATIONS TO ACHIEVE THE OBJECTIVE ENJOINED
BY THE SECURITY COUNCIL WITH REGARD TO SO-CALLED
BOUNDARY DEMARCATION DID NOT ENSURE JUSTICE AND FAIRNESS
BY STRIKING A BALANCE BETWEEN THE POSITIONS OF THE TWO
PARTIES AND MAINTAINING THEIR EQUALITY. THOSE ASPECTS
INCLUDED THE WAY THE DEMARCATION COMMISSION WAS FORMED,
THE MANNER IN WHICH IT UNDERTOOK ITS TECHNICAL WORK, THE
MANNER IN WHICH IT TOOK DECISIONS, THE NATURE AND
PURPOSE OF THOSE DECISIONS AND OTHER IMPORTANT MATTERS.
AS YOU KNOW, IN MY LETTER I ADDRESSED IN DETAIL ONE
EXAMPLE OF THE MANNER IN WHICH THE COMMISSION REACHED A
MAJOR DECISION ON A MATTER OF SUBSTANCE CONCERNING THE
GENERAL COURSE OF THE BOUNDARY LINE ON THE BASIS OF A
CARTOGRAPHIC VIEWPOINT THAT RELIED FUNDAMENTALLY ON
BRITISH CORRESPONDENCE AND MAPS GOING BACK TO THE PERIOD
WHEN BRITAIN WAS THE COLONIAL POWER DOMINATING THE
REGION. IN THIS CONNECTION, I STATED ALSO HOW THE
COMMISSION HAD ADOPTED THIS APPROACH AS A GENERAL ONE
AND THAT, INSTEAD OF EXERCISING PATIENCE IN REACHING
DECISIONS AND AWAITING THE PRESENTATION OF THE DOCUMENTS
AND NOTES REFERRED TO BY THE REPRESENTATIVE OF IRAQ, IT
PREVENTED THAT FROM TAKING PLACE BY ADOPTING SUBSTANTIVE
AND TECHNICAL DECISIONS WITH NOTABLE HASTE AND DISPATCH
UNDER THE INFLUENCE OF EVIDENT PRESSURE FROM THE

REPRESENTATIVE OF THE REGIME OF KUWAIT. THE DECISIONS
WERE THE OUTCOME OF ANSWERS TO LEADING QUESTIONS
ADDRESSED TO THE TWO EXPERTS WHICH LED TO PROPOSALS
MERELY FOR THE ANSWER ELICITED WITHOUT REGARD FOR THE
PROPER LOGIC OF THE RULES OF PROCEDURE AND THE
INTERRELATED CHARACTER OF THE SUBSTANCE OF THE ISSUES
ADDRESSED. THE COMMISSION THUS ENDED UP ADOPTING
DECISIONS THAT WERE ONE-SIDED IN RESPECT OF SOURCE AND
CONTENT.

AS YOU KNOW, I CALLED ATTENTION TO THE FACT THAT THE
COMMISSION HAD ACCORDED THE REPRESENTATIVE OF THE REGIME
OF KUWAIT THE OPPORTUNITY TO RAISE THE QUESTION OF THE
DEMARCATION OF THE MARITIME BOUNDARY IN THE KHOR
ABDULLAH DESPITE THE FACT THAT THE COMMISSION'S MANDATE
DID NOT EXTEND TO THAT MATTER, IN THE VIEW OF THE TWO
INDEPENDENT EXPERTS AS SUPPORTED BY THE CHAIRMAN OF THE
COMMISSION, IN AN OBVIOUS ENDEAVOUR TO SECURE THE
DESIRES OF THE RULERS OF KUWAIT AT THE EXPENSE OF THE
HISTORIC RIGHTS OF IRAQ AND ITS VITAL NAVIGATIONAL
INTERESTS.

I ALSO MADE IT CLEAR TO YOU THAT THE ACTUAL REALITY OF
THE WORK OF THE COMMISSION IN THE FIELD IS UNEQUIVOCAL
TESTIMONY TO THE FACT THAT A FUNDAMENTAL DECISION OF THE
COMMISSION WAS IMPLEMENTED IN A MANNER INCOMPATIBLE WITH
ITS OWN TENOR BY THE REPRESENTATIVE OF THE REGIME OF
KUWAIT AND HIS EXPERTS PARTICIPATING IN THE WORK ON THE
GROUND AND THAT THE WORK OF THE COMMISSION HAS NOT BEEN
SAFE FROM DIRECT INTERVENTION BY THE SECRETARIAT. THUS,
THE FINAL OUTCOME OF ALL THIS ACTIVITY IS THE ESSENTIAL
FACT THAT THE MATTER OF DEALING WITH BOUNDARIES WAS
JUSTIFIED AND SET IN MOTION IN ACCORDANCE WITH A
PREDETERMINED COURSE SO AS TO CULMINATE IN DECISIONS
IMPOSED ON IRAQ WITHOUT ANY REGARD FOR ITS INTERESTS AND
ALL THE EVIDENCE THAT SUPPORTS THEM AND LEAVING NO SCOPE
FOR JUSTICE AND FAIRNESS TO IRAQ'S TERRITORIAL INTERESTS
WE STILL BELIEVE, AS I INDICATED IN MY LETTER, THAT THE
OUTCOME OF THE COMMISSION'S WORK IS A PURELY POLITICAL
DECISION IMPOSED BY THE POWERS THAT TODAY CONTROL THE
SECURITY COUNCIL AND THE UNITED NATIONS, IN PARTICULAR
THE GOVERNMENTS OF THE UNITED STATES AND THE UNITED
KINGDOM. THE POLITICAL OBJECTIVE OF THE DECISION IS
CLEAR, AND IT IS NOT ONLY TO DEPRIVE IRAQ OF ITS RIGHTS
AND DAMAGE ITS VITAL INTERESTS BUT ALSO DELIBERATELY TO
CREATE A PRESENCE OF AMERICAN AND BRITISH ARMED FORCES
AND MILITARY BASES SO THAT THEY MAY CONTINUE TO
BLACKMAIL THE EXISTING REGIMES AND TO PLUNDER OIL
RESOURCES.
AFTER PROLONGED STUDY OF ALL THE FACTORS AND
CIRCUMSTANCES, IT IS CLEAR TO US THAT THE VIEWS OF IRAQ
WILL NOT BE HEARD IN THE COMMISSION AND THAT IT WILL NOT
PROVIDE AN OPPORTUNITY FOR A HEARING REGARDLESS OF ANY
EFFORTS WE MAKE TO CREATE AN OBJECTIVE AND IMPARTIAL
ATMOSPHERE FOR ITS WORK. THIS IS BECAUSE A PRIOR AND
BIASED DECISION HAS BEEN TAKEN TO HARM IRAQ'S INTERESTS
AND DENY ITS HISTORIC RIGHTS ON THE PART OF THOSE
COUNTRIES THAT PLANNED THE COMMISSION'S WORK. AMONG THE
SALIENT FACTS THAT CONFIRM THIS CONCLUSION IS THAT THE
SECURITY COUNCIL WAS INFORMED OF THE LETTER WHICH WE
ADDRESSED TO YOU, AND INSTEAD OF ITS TENOR PROVIDING AN
INCENTIVE TO CAREFUL CONSIDERATION AND FAIR
INVESTIGATION, THE COUNTRIES TO WHICH WE HAVE REFERRED
RESORTED TO INDUCING THE COUNCIL TO ADOPT A STATEMENT BY
ITS PRESIDENT WHICH CONTAINED ONLY INTERPRETATIONS
LACKING IN OBJECTIVITY AND THREATS.
FOR THE REASONS SET FORTH ABOVE, WE FEEL THAT OUR
PARTICIPATION IN THE MEETING OF THE COMMISSION WOULD BE
TO NO AVAIL.
(SIGNED) AHMAD HUSSEIN
MINISTER FOR FOREIGN AFFAIRS
OF THE REPUBLIC OF IRAQ
END TEXT.
PERKINS

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