Originally published on the CGS blog on September 17, 2009.
Today the House Subcommittee on International Organizations, Human Rights and Oversight held a hearing concerning U.N. Chapter VII Mandates and Resolutions on Iraq.
A Chapter VII mandate-created by the passage of a binding resolution-is a reference to Chapter VII of the U.N. Charter; this chapter gives the Security Council the power to create resolutions “with respect to threats to the peace, breaches of the peace, and acts of aggression.” These actions can involve anything, except the use of armed force. A Chapter VII mandate is a Council-imposed resolution on a country to carry-out and/or stop a certain action(s). A country under a Security Council resolution is required to obey under international law.
During the rule of Saddam Hussein, the U.N. Security Council had imposed a large number of mandates on Iraq. These included nuclear verification and control, controlling Iraqi oil revenues, and compensation to Kuwait for Iraq’s invasion in 1991. With Saddam’s regime now out of power, the hearing was concerned with the possibility of removing these mandates and the United States’ obligations under the Status of Forces Agreement (SOFA) to help Iraq transition from under these resolutions.
One of the central issues of the hearing was the Chapter VII mandate on Iraq to pay compensation to Kuwait for the damage incurred. The current government of Iraq would like the debt forgiven, on the grounds that this money can be used for economic development, and that the people of Iraq should not suffer for the actions of Saddam. Kuwait, however, has stood firm on insisting that the compensation be paid back in full. According to some reports, President Obama has agreed with the Iraqi position. The Ranking Republican Member of the Committee, Mr. Rohrabacher (R-CA), emphasized the massive damage done to Kuwait during the Gulf War and the importance of recognizing the legitimacy of the debt. One of the panelists, Professor Matheson from GW Law Faculty, suggested that a middle-ground solution be found, e.g. the compensation be paid as an investment into Kuwaiti infrastructure, so that Iraq could in fact profit from the arrangement.
This situation presents a complicated situation for Iraq and the United States collectively. Both must spend critical international political capital to get all P5 members of the Security Council to agree on new resolutions while there are still questions about the current Iraqi leadership.
