PAGE 01 USUN N 02987 01 OF 02 160117Z
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------------------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