International Physicians for the prevention of Nuclear War and the International Association of Lawyers against Nuclear Arms

Mr Kofi Annan
Secretary General
United Nations
United Nations Plaza
New York, NY 10017
USA

February 1998

Re: Urgent Request for a non-violent settlement to the US/Iraq conflict

Your Excellence,

We are writing to you on behalf of the International Physicians for the Prevention of Nuclear War (IPPNW) and the International Association of Lawyers against Nuclear Arms (IALANA). We are very concerned about threats from the United States, with support from the United Kingdom, Australia and others, to bomb Iraq.

Although our organisation is, of course, fully supportive of all UN inspections of sites in any country where weapons of mass destruction are suspected, we are of the opinion that threats of violence to achieve this may contravene international law. Indeed, the attempts by the United States to bend the law in their favour by interpreting UN resolution 687 as providing a permanent mandate to use military force, should be formally questioned.

For this reason, we request your assistance in finding a non-violent settlement to this crisis. As it is not possible for citizens to directly address the International Court of Justice, we ask you to recommend:

a) that the conflict parties (United States and Iraq) take this dispute to the International Court of Justice

b) that the United Nations requests (according to Article 96, 1 of the UN Charter) an advisory opinion from the International Court of Justice on the following two questions:

1. "Did Iraq fulfill all of its legal obligations of Resolution 687 (1991) and subsequent resolutions, adopted by the UN Security Council, concerning:

the destruction of all chemical and biological weapons, related subsystems, research and manufacturing facilities, the destruction of all ballistic missilies with a range greater than 150 km and production facilities ( 8), the destruction of all items related to nuclear weapons ( 12), not to acquire or develop chemical, biological or atomic weapons or nuclear weapons-usable material and ballistic missiles with a range greater than 150 km ( 10, 12), unlimited monitoring and verification procedures ( 12, 13)?"

2. "Is there any legal basis for a military strike by the national forces of the United States of America or other states against the territory of Iraq to enforce the UN verification procedure (on the development and production of chemical, biological and nuclear weapons-usable material and ballistic missiles with a range greater than 150 km in Iraq) established in accordance with resolution 687 (1991) or other relevant resolutions of the UN Security Council?"

In 1991 the UN Secretary-General stated in the report "Agenda for Peace" that "the docket of the International Court of Justice has grown fuller but it remains an under-used resource for the peaceful adjudication of disputes. Greater reliance on the Court would be an important contribution to United Nations Peacemaking", par. 38. We stand once again on the brink of war. Surely these words apply more urgently than ever.

Please advise us of the best way of proceeding in this matter. The Security Council has the power under Articles 36 and 37 of the UN Charter to recommend Member States to submit their dispute to the International Court of Justice. This would avert a military strike, at least for the present, and allow the General Assembly time to request an advisory opinion.

Alternatively, the UN Security Council could consider taking advantage of the advisory competence of the Court itself, according to Article 96, par. 1 of the UN-Charter. Do you see any possibility of recommending to the Security Council that they request an urgent advisory opinon in the near future? The escalation of tension in the region as a result of this conflict indicates that any form of military action would result in a number of dangerous side-effects. The Middle East peace process will be eradicated, the Kurdish population in Northern Iraq will be further repressed by Turkish troops fearing an exodus, Israel will threaten use of nuclear weapons, perhaps Saddam Hussein may even use weapons of mass destruction. Even if Iraq accepts a diplomatic compromise again, the situation remains extremely problematic and needs a long-term solution.

We hope that you will consider this urgent request and act upon it. In any case, we would be grateful for a reply as soon as possible.

Yours faithfully,

Michael Christ
Executive Director, IPPNW